R277-609-5. Physical Restraint and Seclusionary Time Out

  (1) When used consistently with an LEA plan under Subsection R277-609-4(1);

  (a) a physical restraint must be immediately terminated when:

  (i) a student is no longer an immediate danger to self or others; or

  (ii) a student is in severe distress; and

  (b) the use of physical restraint shall be for the minimum time necessary to ensure safety and a release criteria, as outlined in LEA policies, must be implemented.

  (2) If a public education employee physically restrains a student, the school or the public education employee shall immediately notify:

  (a) the student's parent or guardian; and

  (b) school administration.

  (3) A public education employee may not use physical restraint on a student for more than 30 minutes.

  (4) In addition to the notice described in Subsection (2), if a public education employee physically restrains a student for more than fifteen minutes, the school or the public education employee shall immediately notify:

  (a) the student's parent or guardian; and

  (b) school administration.

  (5) An LEA may not use physical restraint as a means of discipline or punishment.

  (6) If a public education employee uses seclusionary time out, the public education employee shall:

  (a) use the minimum time necessary to ensure safety;

  (b) use release criteria as outlined in LEA policies;

  (c) ensure that any door remains unlocked;

  (d) maintain the student within line of sight of the public education employee;

  (e) use the seclusionary time out consistent with the LEA's plan described in Section R277-609-4; and

  (f) ensure that the enclosed area meets the fire and public safety requirements described in R392-200 and R710-4.

  (7) If a student is placed in seclusionary time out, the school or the public education employee shall immediately notify:

  (a) the student's parent or guardian; and

  (b) school administration.

  (8) A public education employee may not place a student in a seclusionary time out for more than 30 minutes.

  (9) In addition to the notice described in Subsection (7), if a public education employee places a student in seclusionary time out for more than fifteen minutes, the school or the public education employee shall immediately notify:

  (a) the student's parent or guardian; and

  (b) school administration.

  (10) Seclusionary time out may only be used for maintaining safety.

  (11) A public education employee may not use seclusionary time out as a means of discipline or punishment.