Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)

Georgia

State Web Site Search	State Education Agency (SEA) Plans to Develop, Review, or Revise Statutes, Policies, or Guidelines (Y/N)	Technical Assistance Requested (Y/N)
Special Education rules adopted June 14, 2007, do not address restraint and seclusion. Minutes from State Advisory Panel (SAP) for Special Education meeting on November 4–5, 2008, indicate that the GADOE Divisions for Special Education Services and Supports said that restraint and seclusion guidelines were sent to the Georgia Network for Educational and Therapeutic Support (GNETS) and local education agency (LEA) special education directors. The Panel asked DOE staff members about rule making process and timelines. Minutes from January 22–23, 2009, SAP meeting include a committee recommendation of further discussion on seclusion and restraint. Minutes from the SAP for Special Education meeting on September 24–25, 2009, include an update on the proposed rule on seclusion and restraint. Additional information on seclusion and restraint was shared at the SAP for Special Education meeting on November 11 and 12, 2009.	Yes. Georgia is developing a State Board of Education rule on restraint and seclusion. We anticipate the State Board of Education to adopt the rule in April 2010.	No. Georgia is working with stakeholders in the rule development and is receiving public comment as required in state statute through the Georgia Administrative Procedures Act.

Guam

Guam Education Policy Board

http://www.gdoe.net/gepb/policy_stcond.htm

Specific Sites with Information related to restraints and seclusion:

BOARD POLICY

407 STANDARD OPERATING PROCEDURES FOR STUDENT SEARCHES AND SEIZURES

Amend 407

Issued: 01/10/07

http://216.236.125.173/LinkClick.aspx?fileticket=4erW3mtJ8Qs%3d&tabid=235&mid=757

410 CORPORAL PUNISHMENT

Rescind: JDA

Issued Date: 08/07/79

Issued: 03/29/88

http://216.236.125.173/LinkClick.aspx?fileticket=JPDMet-Yj5Y%3d&tabid=235&mid=757

405 STUDENT SUSPENSION/EXPULSION

Issued Date: 405 04/01/99

http://216.236.125.173/LinkClick.aspx?fileticket=w_mFjeI_3WA%3d&tabid=235&mid=757

Hawaii

Hawaii Revised Statute Section 302A-1141

No physical punishment of any kind can be inflicted upon any pupil except reasonable force used to restrain a student from hurting himself/herself or any other person or property.

Hawaii Board of Education Policies are available at: http://lilinote.k12.hi.us/STATE/BOE/POL1.NSF

Hawaii Board of Education Policy 4200

STUDENT SAFETY AND WELFARE POLICY

The Department of Education shall provide a caring environment conducive to the physical, mental, social, and emotional well-being of students while they are participating in school activities. Attention shall be given to the personal safety of each student during these activities and such attention shall include instruction in safety practices and attitudes; proper maintenance of buildings, grounds, and equipment; establishment and enforcement of proper rules of conduct at each school including a no use, no possession, and no distribution of tobacco, alcohol and other non-prescription drugs; and provision of services to safeguard students from the deviant behavior of those who fail to conform to standards of conduct compatible with the best interests of all.

Approved: 10/70

Amended: 3/88, 7/91

Hawaii Board of Education Policy 4201

USE OF FORCE POLICY

The Board of Education believes that maintaining an orderly, safe environment conducive to learning is an expectation of all staff members of the Hawaii public education system. When their actions comply with state statutes governing physical restraint of students, staff members shall have the full support of the Board of Education in their efforts to maintain a safe environment.

An individual who is a teacher, administrator, school employee, or school volunteer may, within the scope of that person’s employment, including involvement in co-curricular activities and athletics, use and apply such amount of force as is reasonable and necessary to accomplish the following purposes:

1. To restrain a student from an act of wrongdoing;

2. To quell a disturbance threatening physical injury to self or others;

3. To obtain possession of weapons or other dangerous objects which are within the control of a student;

4. For the protection of self, others or public property; and

5. To implement a therapeutic behavioral plan as prescribed in a student’s Individualized Education Plan or Section 504 Modification Plan.

An act of a teacher or other staff member shall not be considered child abuse if the act was performed in good faith and in compliance with Board policies and Department regulations. Such acts shall not be construed to constitute corporal punishment. Physical pain or discomfort caused by athletic competition or other recreational activities voluntarily engaged in by the student is not corporal punishment.

Within a reasonable time after a teacher or other staff member uses force or physical intervention with a student, the teacher or other staff member shall report the incident to the principal or the principal’s designee. The principal or the principal’s designee shall notify the student’s parents or guardians of the incident.

Approved: 4/18/02