§ 6-18-2405 — Physical restraint

Arkansas § 6-18-2405

• Jurisdiction: Arkansas
• Title: 6

Text

(a) (1) Physical restraint of a student shall be used only by a member of school personnel who is appropriately trained to administer physical restraint except in the case of a clearly unavoidable emergency situation in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation. (2) If an incident occurs in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation, a school district shall: (A) Reevaluate the training needs of school personnel in the school district; (B) Reevaluate the physical restraint policy and practices of the school district; and (C) Develop a plan to prevent a future incident. (3) School personnel who administer physical restraint may be trained: (A) By a person who is certified by a training program that meets the criteria specified in § 6-18-2409 ; and (B) In-state guidelines and the policies and procedures of the school district concerning the physical restraint of a student. (b) (1) School personnel shall use the least restrictive technique necessary to end imminent danger or serious physical harm to a student and others. (2) The ability of a student to communicate shall not be restricted unless the use of a less restrictive technique by school personnel will not prevent imminent danger of serious physical harm to the student or others. (c) When using a crisis intervention procedure or technique, school personnel shall consider the health and safety of a student, including without limitation whether the student has an existing medical condition that makes the use of physical restraint inadvisable. (d) Supine restraint shall not be used unless: (1) The school personnel administering the supine restraint has been trained by a person who is certified by a training program that meets the criteria specified in § 6-18-2409 ; and (2) A person who is certified by a training program that meets the criteria specified in § 6-18-2409 determines that supine restraint is required to provide safety for the student and others. (e) If physical restraint is used on a student, the student shall be continuously and visually observed and monitored while he or she is under physical restraint. (f) When using physical restraint on a student, school personnel shall: (1) Use the safest method available and appropriate to the situation; (2) Use the amount of force that is reasonably necessary to protect a student or others from imminent danger of serious physical harm to the student or others; and (3) Not verbally abuse, ridicule, humiliate, taunt, or engage in any other similar action towards the student. (g) Physical restraint of a student shall: (1) Be used for a limited period of time; and (2) Not be used: (A) When imminent danger or serious physical harm to the student or others dissipates or a medical condition occurs that puts the student at risk of harm; (B) Unless the behavior of the student poses an imminent danger of serious physical harm to the student or others; (C) After the threat of imminent danger of serious physical harm to the student or others dissipates; or (D) In the following manner: (i) To punish or discipline the student; (ii) To coerce the student; (iii) To force the student to comply; (iv) To retaliate against the student; (v) To replace the use of an appropriate educational or behavioral support; (vi) As a routine safety measure; (vii) As a planned behavioral intervention in response to behavior of the student that does not pose an imminent danger of serious physical harm to the student or others; (viii) As a convenience for school personnel; or (ix) To prevent property damage unless the act of damaging property committed by the student poses an imminent danger or serious physical harm to the student and others. (h) School personnel shall not use the following on a student: (1) Mechanical restraint; (2) Chemical restraint; (3) Aversive behavioral interventions that compromise health and safety; (4) Physical restraint that is: (A) Life-threatening; or (B) Medically contraindicated unless the behavior of the student poses an imminent danger of serious physical harm to the student or others; or (5) Prone restraint or other restraint that restricts the breathing of a student. (i) (1) The use of physical restraint on a student as a planned behavioral intervention shall not be included in a student's Individualized Education Program, 504 Plan, behavior intervention plan, individual safety plan, or other individual planning document. (2) However, if appropriate, physical restraint of a student may be considered as a crisis intervention for the student. (j) A functional behavior assessment shall be conducted following the first incident of physical restraint used on a student unless a previous functional behavior assessment was conducted for the same behavior that was at issue when the physical restraint was used. (k) The use of a technique that is abusive shall be reported to the Child Abuse Hotline and law enforcement.

Legislative History

Added by Act 2021, No. 1084,§ 1, eff. 7/28/2021.