Authority: IC 20-20-40-13; IC 20-20-40-16

Affected: IC 20-20-40

Sec. 9. (a) Every incident in which seclusion or restraint is used on a student shall be documented in order to memorialize the events that led up to the use of either seclusion or restraint.

(b) Documentation may include the following:

1. (1) The student's name.
2. (2) The date and time of the incident.
3. (3) The duration of any seclusion or restraint or the beginning and ending times of the restraint or seclusion, or both.
4. (4) A description of any relevant events leading up to the incident.
5. (5) A description of the incident or student behavior that resulted in implementation of seclusion or restraint including a description of the danger of injury which resulted in the seclusion or restraint.
6. (6) A description of relevant interventions used immediately prior to the implementation of seclusion or restraint.
7. (7) A summary of the student's behavior during seclusion or restraint, including a description of the restraint technique or techniques used and any other interaction between the student and staff.
8. (8) A description of any injuries to students, staff, or others or property damage.
9. (9) A list of the school personnel who participated in the implementation, monitoring, and supervision of seclusion or restraint.
10. (10) If applicable, a statement that the intervention used was consistent with the student's most current behavioral intervention plan or IEP.

(c) The department shall, annually, review incident reports from not less than three percent (3%) of public schools, which schools shall be chosen at random by the department.

(d) Upon request, each school selected for review under subsection (c) shall provide the department, in a manner prescribed by the department, with a copy of any incident report involving the use of seclusion or restraint of a student.

(e) Upon request by the department, each school shall provide a copy of the school's seclusion and restraint plan under section 11 of this rule.

(f) The department shall provide the commission with a summary report of the department's annual review. The summary report shall be in a manner and form prescribed by the commission.

(Commission on Seclusion and Restraint in Schools; 513 IAC 1-2- 9; filed Aug 5, 2014, 1:32 p.m.: 20140903-IR-513130408FRA; errata filed Sep 30, 2014, 9:10 a.m.: 20141022-IR- 513140385ACA; filed Dec 21, 2018, 3:05 p.m.: 20190116-IR-513180063FRA; readopted filed Nov 20, 2024, 11:39 a.m.: 20241218-IR-513230839RFA)