FILE:  IDDF

EDUCATION OF STUDENTS WITH EXCEPTIONALITIES

The Lafayette Parish School Board shall offer a free appropriate public education (FAPE) in the least restrictive environment to every student with an exceptionality, ages three (3) through twenty-one (21), who is a resident of the geographical boundaries of the school district.  Special education and related services may be provided by the Lafayette Parish School Board for eligible children with exceptionalities under three years of age.  Generally, identified children shall be screened and evaluated for eligibility to receive special education and related services while receiving educational support in the regular classroom.  If it is determined in the evaluation process that a child has an exceptionality according to the Pupil Appraisal Handbook, Bulletin 1508, the child becomes eligible to receive special education services and related services.  All special education services shall be provided to eligible students with exceptionalities in accordance with applicable federal and state regulations, including, but not limited to, Regulations for the Implementation of the Exceptional Children's Act, Bulletin 1706.

The Lafayette Parish School Board shall establish and maintain policies and procedures in accordance with federal and state law to ensure that students with exceptionalities and their parents are provided the necessary procedural safeguards with respect to the provision of free appropriate public education by the Lafayette Parish School Board.

SECLUSION AND RESTRAINT

The Lafayette Parish School Board (LPSB) recognizes that in order for students to receive a free and appropriate education, the school district must provide a safe environment.  In doing so, the LPSB also recognizes that there are circumstances in schools and related activities under which reasonable and appropriate disciplinary measures and techniques will need to be employed in dealing with students with exceptionalities who pose an imminent risk of harm to self or others.

The LPSB fully supports the use of positive behavior interventions and supports when addressing student behavior.  The LPSB reserves its right, however, to use physical restraint and/or seclusion consistent with state law and regulations to address the behavior of a student with an exceptionality when school personnel reasonably believe the behavior poses an imminent risk of harm to the student or others.  The LPSB shall not preclude the use of physical restraint and/or seclusion performed consistent with the requirements of the student’s Individualized Education Program (IEP) or behavior intervention/management plan.

The provisions regarding seclusion and restraint shall not be applicable to a student who has been deemed gifted or talented under Bulletin 1508, unless the student has been identified as also having a disability under Bulletin 1508.

Definitions

Imminent risk of harm shall mean an immediate and impending threat of a person causing substantial physical injury to self or others.

Seclusion shall mean a procedure that isolates and confines a student in a separate room or area until he or she is no longer an immediate danger to self or others.

Seclusion room means a room or other confined area, used on an individual basis, in which a student is removed from the regular classroom setting for a limited time to allow the student the opportunity to regain control in a private setting and from which the student is involuntarily prevented from leaving.

Mechanical restraint means the application of any device or object used to limit a person’s movement.  Mechanical restraint does not include (1) a protective or stabilizing device used in strict accordance with the manufacturer’s instructions for proper use and which is used in compliance with orders issued by an appropriately licensed health care provider or (2) any device used by a duly licensed law enforcement officer in the execution of his/her official duties.

Physical restraint means bodily force used to limit a person’s movement.  Physical restraint does not include:  (1) Consensual, solicited, or unintentional contact; (2) Momentary blocking of a student’s action if the student’s action is likely to result in harm to the student or other person; (3) Holding of a student, by one school employee, for the purpose of calming or comforting the student, provided the student’s freedom of movement or normal access to his or her body is not restricted; (4) Minimal physical contact for the purpose of safely escorting a student from one area to another; (5) Minimal physical contact for the purpose of assisting the student in completing a task or response.

Positive behavior interventions and support means a systematic approach to embed evidence-based practices and data-driven decision making when addressing student behavior in order to improve school climate and culture.

School employee means a teacher, paraprofessional, administrator, support staff members, or a provider of related services.

Documentation and Notification

The parent or other legal guardian of a student who has been placed in seclusion or physically restrained shall be notified as soon as possible.  The student’s parent or other legal guardian shall also be notified in writing within twenty-four (24) hours of each incident of seclusion or physical restraint.  Such notice shall include the reason for such seclusion or physical restraint, the procedures used, the length of time of the student’s seclusion or physical restraint, and the names and titles of any school employee involved.

The director or supervisor of special education shall be notified any time a student is placed in seclusion or is physically restrained.

A school employee who has placed a student in seclusion or who has physically restrained a student shall document and report each incident.  Such report shall be submitted to the school principal not later than the school day immediately following the day on which the student was placed in seclusion or physically restrained and a copy shall be provided to the student’s parent or legal guardian.

The guidelines and procedures maintained by the Superintendent and staff shall be provided to the Louisiana Department of Education (LDE), all school employees, and every parent of a student identified with a disability under Bulletin 1508.

Guidelines and Procedures

The LPSB shall require the Superintendent and staff to maintain procedures governing the use of seclusion and physical restraint of students with exceptionalities that are in accordance with federal and state law, as well as regulations promulgated by BESE.  The School Board shall approve written guidelines and procedures regarding appropriate responses to student behavior that may require immediate intervention using seclusion and/or restraint.  The written guidelines and procedures shall be provided to all school employees and every parent of a student with an exceptionality and shall include reporting requirements and follow-up procedures, including notification requirements for school officials, notification to the student’s parent or legal guardian, and reporting of seclusion and restraint incidents to the LDE.

The written guidelines and procedures shall be posted at each school under the jurisdiction of the School Board, and on the School Board’s website.

Follow-Up

Following any situation resulting in the use of seclusion or physical restraint of a student, a Functional Behavioral Assessment (FBA) should be considered.  If a student subject to the use of seclusion or physical restraint is involved in five (5) such incidents in the school year, the student’s Individualized Education Program (IEP) team shall review and revise the student’s Behavior Intervention Plan (BIP) to include any appropriate and necessary behavioral supports. Thereafter, if the student’s challenging behavior continues or escalates, requiring repeated use of seclusion or physical restraint practices, the special education director or supervisor or his/her designee shall review the student’s plans at least once every three (3) weeks.

Employee Training Requirements

The Superintendent or his/her designee shall be responsible for conducting and maintaining appropriate training programs for school personnel designed to address the use of seclusion and restraint techniques with students with exceptionalities.  In addition, positive behavioral intervention strategies, crisis intervention, and de-escalation, as well as other procedures, may also be included in any training.

Charter Schools

Notwithstanding any state law, rule, or regulation to the contrary and except as may be otherwise specifically provided for in an approved charter, a charter school established and operated in accordance with State law, including its approved charter and the school’s officers and employees, shall be subject to the School Board’s policy and written procedures and guidelines regarding the use of seclusion and restraint with students with exceptionalities.

Ref:    20 USC 1400 et seq. (Individuals with Disabilities Education Act)

34 CFR Part 300 (Assistance to States for the Education of Children with Disabilities)

La. Rev. Stat. Ann. §§17:7, 17:416.21, 17:1941, 17:1942, 17:1943, 17:1944, 17:1945, 17:1946, 17:1947

Pupil Appraisal Handbook, Bulletin 1508

Regulations for the Implementation of the Exceptional Children's Act, Bulletin 1706, Louisiana Department of Education

Board minutes, 5-7-80, 12-3-80, 4-7-99, 7-17-13, 9-2-15, 9-13-17

Lafayette Parish School Board