JKA Use of Physical Intervention and Restraint

File :  JKA  passed Accountability 10-28-13

Use of Physical Intervention and Restraint

To maintain a safe learning environment, district employees may, within the scope of their employment and consistent with state law, use physical intervention and restraint with students in accordance with this policy and accompanying regulation. Such actions shall not be considered child abuse or corporal punishment if performed in good faith and in compliance with this policy and accompanying regulation.

 

Physical intervention

Corporal punishment shall not be administered to any student by any district employee.

Within the scope of their employment, district employees may use reasonable and appropriate physical intervention with a student, that does not constitute restraint as defined by this policy, to accomplish the following:

1.  To quell a disturbance threatening physical injury to the student or others.

2.  To obtain possession of weapons or other dangerous objects upon or within the control of the student.

3.  For the purpose of self-defense.

4.  For the protection of persons against physical injury or to prevent the destruction of property which could lead to physical injury to the student or others.

Under no circumstances shall a student be physically held for more than five minutes unless the provisions regarding restraint contained in this policy and accompanying regulation are followed.

 

Restraint

Restraint is defined by state law and this policy as any method or device used to involuntarily limit a student's freedom of movement, including but not limited to bodily physical force, mechanical devices, chemicals and seclusion. Restraint shall not include the holding of a student for less than five minutes by a district employee for the protection of the student or others and other actions excluded from the definition of restraint in state law.

District employees shall not use restraint as a punitive form of discipline or as a threat to control or gain compliance of a student's behavior. District employees are also prohibited from restraining a student by use of a mechanical restraint or chemical restraint, as those terms are defined by applicable State Board of Education rules and this policy's accompanying regulation.

Restraint shall only be administered by district employees trained in accordance with applicable State Board of Education rules.

 

 

Exceptions

The restraint provisions in this policy and accompanying regulation shall not apply to:

1.  Peace officers as defined by C.R.S. 16-2.5-101 et seq. who are acting within the scope of their employment or in accordance with C.R.S. 16-3-109; and

2.  When the district is engaged in transporting a student from one facility or location to another facility or location when it is within the scope of the district's powers and authority to effect such transportation.

(Adoption date)

LEGAL REFS.:  C.R.S. 18-1-703 (use of physical force by those supervising minors)

C.R.S. 18-6-401 (1) (definition of child abuse)

C.R.S. 19-1-103 (1) (definition of abuse and neglect)

C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of discipline code)

C.R.S. 22-32-109.1 (2)(a)(I)(D) (policy required as part of safe schools plan)

C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law)

C.R.S. 26-20-101 et seq. (Protection of Persons from Restraint Act)

1 CCR 301-45 (State Board of Education rules for the Administration of the Protection of Persons from Restraint Act)

 

 

 

 


ok

Looks good to me

Agree

Comments