(a)The commission has the following
duties:
(1)To adopt rules concerning the following:
(A)The use of restraint and seclusion in a school corporation
or a state accredited nonpublic school, with an emphasis on
eliminating or minimizing the use of restraint and seclusion.
(B)The prevention of the use of types of restraint or seclusion
that may harm a student, a school employee, a school volunteer,
or the educational environment of the school.
(C)Requirements for notifying parents.
(D)Training regarding the use of restraint and seclusion,
including the frequency of training and what employees must
be trained.
(E)The distribution of the seclusion and restraint policy to
parents and the public.
(F)Requirements for the reporting of incidents of restraint and
seclusion in the annual scho
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(a) The commission has the following
duties:
(1) To adopt rules concerning the following:
(A) The use of restraint and seclusion in a school corporation
or a state accredited nonpublic school, with an emphasis on
eliminating or minimizing the use of restraint and seclusion.
(B) The prevention of the use of types of restraint or seclusion
that may harm a student, a school employee, a school volunteer,
or the educational environment of the school.
(C) Requirements for notifying parents.
(D) Training regarding the use of restraint and seclusion,
including the frequency of training and what employees must
be trained.
(E) The distribution of the seclusion and restraint policy to
parents and the public.
(F) Requirements for the reporting of incidents of restraint and
seclusion in the annual school performance report, including
incidents of restraint and seclusion involving school resource
officers (as defined in IC 20-26-18.2-1).
(G) Circumstances that may require more timely incident
reporting and the requirements for such reporting.
(2) To develop, maintain, and revise a model restraint and
seclusion plan for schools that includes the following elements:
(A) A statement on how students will be treated with dignity
and respect and how appropriate student behavior will be
promoted and taught.
(B) A statement ensuring that the school will use prevention,
positive behavior intervention and support, and conflict
de-escalation to eliminate or minimize the need for use of any
of the following:
(i) Seclusion.
(ii) Chemical restraint.
(iii) Mechanical restraint.
(iv) Physical restraint.
(v) Time-out.
(C) A statement ensuring that any behavioral intervention used
will be consistent with the student's most current behavioral
intervention plan, or individualized education program, if
applicable.
(D) Definitions for restraint and seclusion, as defined in this
chapter.
(E) A statement ensuring that if a procedure listed in clause (B)
is used, the procedure will be used:
(i) as a last resort safety procedure, employed only after
another, less restrictive procedure has been implemented
without success; and
(ii) in a situation in which there is an imminent risk of injury
to the student, other students, school employees, or visitors to
the school.
(F) An indication that restraint or seclusion may be used only
for a short time period, or until the imminent risk of injury has
passed.
(G) A documentation and recording requirement governing
instances in which procedures listed in clause (B) are used,
including:
(i) how every incident will be documented and debriefed;
(ii) how responsibilities will be assigned to designated
employees for evaluation and oversight; and
(iii) designation of a school employee to be the keeper of
such documents.
(H) A requirement that the student's parent must be notified as
soon as possible when an incident involving the student occurs
that includes use of procedures listed in clause (B).
(I) A requirement that a copy of an incident report must be sent
to the student's parent after the student is subject to a procedure
listed in clause (B).
(J) Required recurrent training for appropriate school
employees on the appropriate use of effective alternatives to
physical restraint and seclusion, including the use of positive
behavioral intervention and support and conflict de-escalation.
The training must include the safe use of physical restraint and
seclusion in incidents involving imminent danger or serious
harm to the student, school employees, or others. Consideration
must be given to available school resources and the time
commitments of school employees.
(3) To accept and review reports from the public and make
nonbinding recommendations to the department of any suggested
action to be taken.
(4) To biannually provide a report to the state advisory council on
the education of children with disabilities appointed under IC 20-35-3-1 regarding the:
(A) execution of the commission's duties under this section; and
(B) review of incident reports under section 13.6 of this
chapter.
(b) The model policy developed by the commission must take into
consideration that implementation and reporting requirements for state
accredited nonpublic schools may vary, and the model plan must
provide state accredited nonpublic schools flexibility with regards to
accountability under and implementation of the plan adopted by a state
accredited nonpublic school under section 14 of this chapter.
(c) The commission will assist the department in enabling training
required by this section to be provided after June 30, 2024, through the
online platform established or licensed for use under IC 20-19-3-29, if
the online platform is established.