RS 17:416.21

§416.21. Behavior of students with exceptionalities; use of seclusion and physical restraint A. As used in this Section: (1)(a) "Crisis intervention" means the implementation of an action plan for school personnel to implement when a student exhibits disruptive behaviors that prevent him from participating in classroom or daily activities. Crisis intervention may include the following: (i) The use of positive behavioral supports and sensory rooms or other calming spaces intentionally designed to help comfort and stabilize a student so that he may return to the classroom or daily activities. (ii) In extraordinary circumstances, the use of seclusion and physical restraint as a means to safely de-escalate a situation in which a student poses a risk of imminent risk of harm to self or others. (b) Information about a school's use of crisis intervention, including the proper use of seclusion and physical restraint, shall be included in a school's student handbook and made available to the parent and legal guardian of each student with an Individualized Education Program or Behavioral Intervention Plan. (2) "Imminent risk of harm" means an immediate and impending threat of a person causing substantial physical injury to self or others. (3)(a) "Mechanical restraint" means the application of any device or object used to limit a person's movement. (b) Mechanical restraint does not include: (i) 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. (ii) Any device used by a duly licensed law enforcement officer in the execution of his official duties. (4)(a) "Physical restraint" means the use of manual restraint techniques that involve physical force applied to restrict the movement of all or part of a person's body. (b) Physical restraint does not include: (i) Consensual, solicited, or unintentional contact. (ii) Momentary blocking of a student's action if the student's action is likely to result in harm to the student or any other person. (iii) A school employee holding a student for less than three consecutive minutes within any given hour for the protection of the student or others. (iv) A school employee holding a student 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. (v) Minimal physical contact for the purpose of safely escorting a student from one area to another. (vi) Minimal physical contact for the purpose of assisting the student in completing a task or response. (5) "Positive behavioral interventions and support" means a systematic approach to embed evidence-based practices and data-driven decisionmaking when addressing student behavior in order to improve school climate and culture. (6) "School employee" means a teacher, paraprofessional, administrator, support staff member, or a provider of related services. (7) "School health designee" means a school employee designated to assess the use of seclusion and physical restraint in the event that a school nurse is not present on a school campus at the time such measure is used. (8) "Seclusion" means a procedure that isolates and confines a student in a designated separate room or area until he is no longer an imminent risk of harm to self or others. (9) "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 safe, secure, and supervised setting and from which the student is involuntarily prevented from leaving until he is no longer at risk of imminent harm to self or others. A seclusion room shall: (a) Be free of any object that poses a danger to the student placed in the room. (b) Have an observation window and be of a size that is appropriate for the student's size, behavior, and chronological and developmental age. (c) Have a ceiling height and heating, cooling, ventilation, and lighting systems comparable to operating classrooms in the school. (10) "Sensory room" means a room or space that is used for the monitored separation of a student in an unlocked setting in which school personnel may use positive behavioral interventions and support to help to calm or stabilize a student's disruptive behavior. A sensory room may also be referred to as a "calming room", "calming space", "comfort room", "comfort space", "sensory space", "timeout room", or "timeout space". The appropriate use of sensory rooms shall not be considered seclusion, which shall only be used for the limited purpose of responding to a student posing an imminent risk of harm to self or others. (11) "Written guidelines and procedures" means the written guidelines and procedures adopted by a public school governing authority regarding appropriate responses to student behavior that may require immediate intervention. B.(1) Seclusion shall be used only: (a) For student behaviors that involve an imminent risk of harm to self or others. (b) As a last resort when de-escalation and other positive behavioral interventions and support attempts have failed and the student continues to pose an imminent risk of harm to self or others. (2) Seclusion shall not be used as a routine school safety, discipline, or intervention measure or to address behaviors such as general noncompliance, self-stimulation, and academic refusal, and other behaviors that, while disruptive to a classroom setting or other daily school activities, do not present an imminent risk of harm to self or others. School employees shall respond to such behaviors with less stringent and less restrictive techniques, such as those included in a school's or student's crisis intervention plan or a student's Individualized Education Program or Behavioral Intervention Plan. (3)(a) A seclusion room shall be used only as a last resort if and when less restrictive crisis intervention measures, such as positive behavioral supports, constructive and non-physical de-escalation, and restructuring of a student's environment, have failed to stop a student's actions that pose an imminent risk of harm to self or others. (b) A student shall be placed in a seclusion room only by a school employee who uses accepted methods of escorting a student to a seclusion room, placing a student in a seclusion room, and supervising a student while he is in the seclusion room. (c) Only one student may be placed in a seclusion room at any given time, and the school employee supervising the student must be able to see and hear the student the entire time the student is placed in the seclusion room. C.(1) Physical restraint shall be used only: (a) When a student's behavior presents a threat of imminent risk of harm to self or others and only as a last resort to protect the safety of self and others. (b) To the degree necessary to stop dangerous behavior. (c) In a manner that causes no physical injury to the student, results in the least possible discomfort, and does not interfere in any way with a student's breathing or ability to communicate with others. (d) By trained personnel, except in emergency situations in which there is not sufficient time to have trained personnel respond. Minimum training requirements shall be specified in rules promulgated by the State Board of Elementary and Secondary Education. (2) The following practices are prohibited in any public school: (a) Any form of mechanical restraint. (b) Physical restraint in a manner that places excessive pressure on a student's chest or back or that causes asphyxia. (c) Physical restraint in a manner that is disproportionate to the circumstances and to a student's size, age, and severity of behavior. D. Seclusion and physical restraint shall not be used as a form of discipline or punishment, as a threat to control, bully, or obtain behavioral compliance, or for the convenience of school personnel. E. No school employee shall subject a student to unreasonable, unsafe, or unwarranted use of seclusion or physical restraint. F.(1) No school employee shall seclude or physically restrain a student who is known to have any medical or psychological condition that precludes such action, as certified by a licensed pediatrician, neurologist, or mental health provider in a written statement provided to the school in which the student is enrolled. (2) Each principal or his designee shall notify each parent or legal guardian of a student enrolled at the school with an Individualized Education Program of the prohibition of the use of seclusion and physical restraint if the student has a condition as provided in Paragraph (1) of this Subsection. Such notification shall be made annually and be incorporated into the student's Individualized Education Program meeting. G. A school employee shall continuously monitor a student who is secluded or physically restrained for the duration of such seclusion or restraint. H. A school employee shall release a student from seclusion and physical restraint as soon as the reasons for justifying such action have subsided. I. Upon a student's release from seclusion or physical restraint: (1)(a) The school employee who secluded or physically restrained the student shall notify the school principal and the principal or his designee shall notify electronically the director or supervisor of special education as soon as is practicable but no later than one hour following the release of the student, or the end of the same school day, whichever occurs first. (b) The school employee who secluded or physically restrained the student or a school administrator shall notify the parent or legal guardian of the student via a phone call as soon as is practicable but no later than the end of the same school day. (2) A school nurse or school health designee shall visit the student as soon as possible, but no later than the end of the same school day, to look for and document any signs of injury or distress. J. A school employee who secluded or physically restrained a student shall document and report the incident in accordance with the policies adopted by the public school governing authority. The employee shall submit such report to the school principal by the end of the next school day following the incident. The principal or his designee shall submit the report to the parent by the end of the next school day following receipt of the report. At a minimum, the incident report shall include the following: (1) The name, age, grade, gender, race, and disability of the student secluded or restrained. (2) The date, time, location, and duration of the seclusion or physical restraint. (3) The name and title of each school employee involved and who was a witness. (4) A description of the events requiring the use of seclusion or physical restraint, including a description of the procedures and types of restraint used, any actions taken in an attempt to de-escalate the situation, and the student's behavior that suggest the student posed an imminent risk of harm to self or others. (5) A description of any student injuries, visible marks, or medical emergencies that occurred during or after the seclusion or physical restraint. (6) A description of the actions taken immediately following the student's release from seclusion or physical restraint, including actions to notify the student's parent or legal guardian. (7) A description of the student's actions immediately following the student's release from seclusion or restraint. K. A school principal or his designee and the director or supervisor of special education shall review video and audio footage, if available, to ensure policies and proper techniques were followed during the incident. L. If a student is involved in three incidents in a school year involving the use of seclusion or physical restraint as a result of posing an imminent risk of harm to self or others, the special education teacher shall send prior written notice of the intention to call an Individualized Education Program team meeting to the student's parent or legal guardian, and at such meeting, his Individualized Education Program team shall review and revise the student's Behavioral Intervention Plan, including any crisis intervention plans, 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, the director or supervisor of special education or his designee shall review the student's plans at least once every three weeks. M.(1) Each public school governing authority shall adopt written guidelines and procedures regarding: (a) Proper use of crisis intervention plans, including the use of positive behavioral interventions and support, sensory rooms, seclusion, and physical restraint, and how these strategies differ. (b) All seclusion and physical restraint safety, reporting, and notification requirements, including any follow-up procedures. (c) An explanation of the methods of physical restraint and the school employee training requirements relative to the use of restraint. (d) An explanation of how school employees may utilize and be trained in a crisis intervention training program. (2)(a) These guidelines and procedures shall be provided to the state Department of Education, all school employees, and every parent or legal guardian of a student with an exceptionality. (b) At the beginning of each school year, each public school governing authority shall post on its website the guidelines and procedures adopted in accordance with the provisions of this Subsection. (3) Each public school governing authority shall annually submit prior to the beginning of each school year its guidelines and procedures adopted in accordance with the provisions of this Subsection to its special education advisory council provided for in R.S. 17:1944.1. (4) The state department shall maintain on its website, and annually distribute to public school governing authorities, updated guidance for recommended best practices relative to the use of seclusion and physical restraint for students with exceptionalities. N.(1) The State Board of Elementary and Secondary Education shall adopt rules establishing guidelines and procedures for public school systems to follow regarding the reporting of incidents of seclusion and physical restraint, including specific data elements to be included in such reporting. (2) Each public school governing authority, in accordance with state board policy, shall report all instances where seclusion or physical restraint is used to address student behavior to the state Department of Education. (3)(a) The state Department of Education shall maintain a database of all reported incidents of seclusion and physical restraint of students with exceptionalities and shall disaggregate the data for analysis by school; student age, race, ethnicity, and gender; student disability, where applicable; and any involved school employees. (b)(i) Based upon the data collected, the state Department of Education shall annually compile a comprehensive report regarding the use of seclusion and physical restraint of students with exceptionalities, which shall at a minimum include the following: (aa) The number of incidents of physical restraint disaggregated by school system; student age, race, ethnicity, gender, and student disability classification. (bb) The number of incidents of seclusion disaggregated by school system; student age, race, ethnicity, gender, and student disability classification. (cc) A list of the school systems and charter schools that have complied with the reporting requirements pursuant to Paragraph (2) of this Subsection. (ii) The state Department of Education shall post the annual report on its website and submit a written copy to the Senate and House committees on education and the Special Education Advisory Panel. O.(1) The department may develop a crisis intervention training program that may be used by each public school governing authority. If the department develops such a program, at a minimum, it shall cover the following: (a) Teach evidence-based techniques that are shown to be effective in the prevention and safe use of seclusion and physical restraint. (b) Provide evidence-based, competency-based skills training relating to positive support, conflict prevention, de-escalation, and crisis response techniques including but not limited to the following: (i) Guidelines on understanding when there is an imminent danger of serious physical harm to a student or others and when to intervene in such a scenario. (ii) An emphasis on safety and respect for the right and dignity of each person involved in an incident that involves the use of seclusion or physical restraint on a student. (iii) An emphasis on using the least restrictive form of intervention and taking incremental steps in an intervention. (iv) Alternatives to the use of seclusion and physical restraint. (v) Strategies for the safe implementation of restrictive interventions. (vi) The use of emergency safety interventions that include continuous assessment and monitoring of the physical well-being of a student and the safe use of seclusion and physical restraint throughout the duration of a restrictive intervention. (vii) Prohibited actions relative to seclusion and physical restraint. (viii) Debriefing strategies and the importance and purpose of debriefing. (ix) Best practices for documentation of instances of the use of seclusion of and physical restraint on a student. (x) Measurable learning objectives for participants. (xi) An overview of seclusion rooms, sensory rooms, the differences between them, and authorizations and prohibitions relative to the use of such rooms as provided in this Section and in each public school governing authority's relevant guidelines and procedures. (2) If the department develops a program as provided in Paragraph (1) of this Subsection, certain public school employees as designated by each principal or his designee are required to complete the program. The department shall provide the program at no cost to each public school governing authority. Acts 2011, No. 328, §1, eff. June 29, 2011; Acts 2013, No. 1, §1; Acts 2016, No. 522, §§1, 2, eff. June 13, 2016; Acts 2017, No. 97, §1; Acts 2025, No. 210, §2; Acts 2025, No. 479, §1, eff. Dec. 1, 2025.