Deborah Greenblatt Act of 2005

Deborah Greenblatt, a North Carolina attorney, was primarily responsible for bringing together the diverse coalition of disability advocates and education stakeholders who drafted the current bill promoting the safe use of seclusion and restraint in public schools.

Unfortunately, she was not able to see the final passage of the bill. Deborah died Monday, June 13, 2005.

Deborah was a passionate advocate for children and adults with mental disabilities in her role as the executive director of Carolina Legal Assistance for the past twenty-three years.

She was described by colleagues as a “warrior for justice” and “a hero to others.”

Deborah represented clients in special education disputes, fair housing cases, class action suits for individuals in state hospitals and employment discrimination cases

Deborah GreenblattAct of 2005

Key Points of an act to clarify the permissible use of seclusion and restraint in the public schools.

What it means to schools…

A new statutory section, G.S. 115C-391.1 sets out the specific circumstances under which school personnel may physically or mechanically restrain, seclude, or isolate a student.

It does not…

• Modify the right of school personnel to use “reasonable force” as permitted by G.S. 115c-390, nor does it modify the rules and procedures governing discipline.“Reasonable is defined as: “Not extreme or excessive; Moderate or fair; and Possessing sound judgment”

• Nothing in the new law is intended to prevent the use of force by law enforcement officers in the lawful exercise of their enforcement duties.

Seclusion means…

• The confinement of a student alone in an enclosed space from which the student is (a) physically prevented from leaving or (b) incapable of leaving due to physical or intellectual capacity. (Does the student understand?)

Seclusion may be used…

• As reasonably needed to respond to a person in control of a weapon or other dangerous object;

• As reasonably needed to maintain order or prevent or break up a fight;

• As reasonably needed for self-defense;

Seclusion may be used…

• As reasonably needed when a student’s behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person’s property; or

• When used as specified in the student’s IEP, 504 Plan, behavior intervention plan, and

Seclusion location guidance

• The student is constantly monitored by an adult in close proximity who is able to see and hear the student at all times;

• The student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the students IEP, 504, or behavior intervention plan;

And…• the confining space has been

approved for such use by our school districts;

• the space is appropriately lighted, ventilated and heated or cooled; and

• the space is free from objects that unreasonably expose the student or others to harm.

Unless one of the previous conditions was met,

• The use of seclusion is not considered to be reasonable force and its use is NOT permitted.

• Seclusion SHALL NOT be considered a reasonable use of force when used solely as a disciplinary consequence.

What is Restraint?

• Mechanical

Mechanical restraint means the use of any device or material that restricts freedom of movement that the student can not easily remove.

• Physical

Physical restraint means the use of physical force to restrict the free movement of all or a portion of a student’s body.

Mechanical Restraint Procedure

Mechanical Restraint is Prohibited EXCEPT

– When properly used as an assistive technology device;

– When using seat belts or other safety restraints to secure students during transportation;

– As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person;

Mechanical Restraint Procedure

Mechanical Restraint is Prohibited EXCEPT

– As reasonably needed for self-defense; OR

– As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present.

IMPORTANT:

• EXCEPT under the previously stated circumstances Physical and Mechanical restraint shall not be considered reasonable use of force and their use is prohibited.

In Addition:

• Neither Physical nor Mechanical restraint shall be considered a reasonable use of force when used solely as a disciplinary consequence.

Physical Restraint Procedure

Physical restraint is prohibited EXCEPT:– as reasonably needed to obtain possession of a

weapon or other dangerous objects on a person or within the control of a person,

– as reasonably needed for self-defense,

– as reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior.

Physical restraint is PROHIBITED except…

– As reasonably needed to escort a student to safety from one area to another;

– If used as provided for in a student’s IEP or Section 504 plan, or behavior intervention plan;

– As reasonably needed to prevent imminent destruction to school or another person’s property.

NCI Training

• FCS has a certified non-violent crisis intervention instructor

• Training is free to FCS staff

• Staff trained in verbal intervention

• Staff trained in physical intervention

• No high risk or floor restraints used

NCI TRAINING

• Initial certification requires minimum of

6 hours

• Yearly renewal requires minimum of 3 hours

• Staff members receive CEUs for training

Isolation

• A behavior management technique in which a student is placed alone in an enclosed space from which the student is not prevented from leaving.

Use of Isolation

• the isolation space is appropriately lighted, ventilated and heated or cooled;

• the duration of the isolation is reasonable in light of the purpose for the isolation;

• the student is reasonably monitored; and

• the isolation space is free from objects that unreasonably expose the student or others to harm.

Time Out

• A behavior management technique in which a student is separated from other students for a limited period of time in a monitored setting. Teachers ARE authorized to use time out to regulate behavior within their classrooms.

Aversive Procedures

• A systematic, physical or sensory intervention program for modifying the behavior of a student with a disability which causes or reasonably may be expected to cause one or more of the following:

Aversive procedures continued

– Significant physical harm, such as tissue damage, physical illness, or death;

– Serious, foreseeable long-term psychological impairment;

– Obvious repulsion on the part of observers who cannot reconcile such extreme procedures with acceptable standard practice. Examples of which may be…

• Electric shock applied to the body;

• Extremely loud auditory stimuli;

• Forcible introduction of foul substances to the mouth, eyes, ears, nose or skin;

• Placement in a tub or cold water or shower;

• Slapping, pinching, hitting or pulling hair;

• Blindfolding or other forms of visual blocking;

More Aversive Procedures…

• Unreasonable withholding of meals;

• Eating one’s own vomit; or

• Denial of reasonable access to toileting facilities.

Notice Procedure

• Notice of Procedures--Franklin County Schools will provide copies of the law and any local board policy to implement the law to school personnel and parents or guardians at the beginning of each school year.

• http://www.fcschools.net/Policy_Manual/Policies/4305.pdf

Reporting Procedure• School personnel shall promptly (the same

day but no later than the next day) notify the principal of:

– Any use of aversive procedures;

– Any prohibited use of mechanical restraint;

– Any use of physical restrain resulting in observable physical injury to a student;

– Any prohibited use of seclusion or seclusion that exceeds 10 minutes of the amount of time specified on a student’s behavior intervention plan.

Reporting Procedure continued:

• When a principal has personal knowledge or actual notice of any of these events, the principal shall promptly notify the student’s parent. The principal shall contact the parent regarding the incident.

• The parent shall be provided with a written incident report within 30 days after the incident.

The report shall include:

• The time, date, location, duration, and description of the incident and interventions;

• The event or events that led up to the incident;

• The nature and extent of any injury to the student; and

• The name of a school employee the parent may contact regarding the incident. This should be an administrator.

Safeguards

• There are safeguards in the law that prevent retaliation by local boards of education against another employee of the board because the employee makes a report alleging a prohibited use of physical restraint, mechanical restraint, aversive procedure or seclusion, unless the employee knew or should have known that the report was false.

This new law requires us to…

• Amend our Safe School plans to include a training component which shall include instruction in positive management of student behavior, effective communication for diffusing and deescalating disruptive or dangerous behavior, and safe and appropriate use of seclusion and restraint.

Deborah Greenblatt Act

• Ensures the safety of ALL students!!