206-42 Wyo. Code R. § 42-4

Current through April 27, 2019
Section 42-4 - Policy Requirements

(a) Staff Training and Professional Development. School district policies shall, at a minimum, include the following staff training and professional development components:

  • (i) All staff shall receive training in evidence-based techniques shown to be effective in preventing physical restraint and seclusion, including evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, de-escalation, and conflict management.
    • (A) The minimum amount of training required for all staff shall be the number of hours recommended by the evidence-based training program selected by the school.
    • (B) Ongoing training for all staff shall be provided as recommended by the evidence-based training program selected by the school.
  • (ii) A ratio of classified and non-classified staff, as determined by the school considering school size and the location of specialized programs, shall receive training in evidence-based techniques in the safe use of physical restraint.
    • (A) The minimum amount of training for the ratio of staff shall be the number of hours necessary to obtain certification by the evidence-based training program selected by the school.
    • (B) Certification shall be maintained as prescribed by the evidence-based training program selected by the school.
  • (iii) Information regarding the school district's policy on the safe use of seclusion and restraint shall be incorporated into each school's annual professional development programming.

(b) Procedures. School policies shall, at a minimum, include the following procedural components:

  • (i) Restraint:
    • (A) Only trained, certified staff consistent with Section 7(a)(ii) above shall be permitted to use restraint as part of a planned behavior intervention unless a bona fide emergency constituting an imminent risk to the health or safety exits.
    • (B) Schools shall not use prohibited practices as part of student restraint at any time. Prohibited practices include:
      • (I) Aversive interventions
      • (II) Locked seclusion
      • (III) Mechanical restraints
      • (IV) Prone restraints
    • (C) Restraint shall be used for the minimum amount of time necessary to permit the student to regain control and for staff to restore safety.
    • (D) School shall develop restraint duration guidelines including a release strategy based on the student's ability to regain control and staff's ability to reestablish safety.
    • (E) Restraints exceeding the durational limits set forth in the school's guidelines shall require immediate administrative review to determine if and under what conditions the restraint may continue.
    • (F) Schools shall develop an incident review strategy or debriefing strategy. The incident review or debriefing process shall address what, if any, subsequent actions need to be taken.
    • (G) Schools must document each restraint consistent with the Mandatory Documentation requirements specified in paragraph (c) below.
  • (ii) Seclusion:
    • (A) School staff shall be able to see and hear the student in seclusion at all times.
    • (B) Student placed in seclusion shall be permitted to access to normal meals and personal hygiene opportunities. Meals and bathroom breaks may be separate and supervised if needed to ensure safety.
    • (C) Schools shall document each occurrence of seclusion consistent with the Mandatory Documentation requirements specified in Section (c) below.
    • (D) Using timeout without seclusion is not regulated by these rules.
    • (E) Seclusion from the Learning Environment:
      • (I) Seclusion from the Learning Environment may be used as a planned behavior intervention strategy.
      • (II) School shall develop seclusion from the learning Environment duration guidelines.
    • (F) Isolation Room:
      • (I) An isolation room may be used in an emergency.
      • (II) Schools shall develop Isolation Room duration guidelines including a reentry strategy based on the student's ability to regain control and staff's ability to reestablish safety.
      • (III) Isolation Room seclusion exceeding the durational limits set forth in school's guidelines shall require immediate administrative review to determine if and under what conditions the Isolation Room seclusion may continue.
      • (IV) Schools shall develop an incident review strategy or debriefing strategy. The incident review or debriefing process shall address what, if any, subsequent actions need to be taken.
      • (V) Physical Space Requirements for Isolation Rooms:
        • (1.) The room shall provide a means of continuous visual and auditory monitoring of the student.
        • (2.) The room shall be adequately lighted with switches to control lighting located outside the room.
        • (3.) The room shall be adequately ventilated with switches to control fans or other ventilation devices located outside the room.
        • (4.) The room shall maintain a temperature within the normal human comfort range and consistent with the rest of the building with temperature controls located outside of the room.
        • (5.) The room shall be clean and free of objects and fixtures that could be potentially dangerous to a student and must meet all fire and safety codes.
        • (6.) The room shall be constructed of materials safe for its intended use, including wall and floor coverings designed to prevent injury to the student.
        • (7.) The room shall be able to be opened from the inside immediately upon the release of a security mechanism held in place by constant human contact.
        • (8.) The dimensions of the room shall be adequate width, length, and height to allow the student to move about and recline comfortably.

(c) Mandatory Documentation. Schools shall complete the mandatory documentation for all use of Restraint and Isolation Room seclusion.

  • (i) Incident Report: At a minimum, the incident report shall include:
    • (A) Antecedents, interventions, and other relevant factors;
    • (B) Description of the regulated intervention used;
    • (C) Time and duration of the seclusion;
    • (D) Student's response to the seclusion;
    • (E) Administrative Review, if necessary;
    • (F) Release or reentry factors;
    • (G) Injuries to the student, if any;
    • (H) Debriefing.
  • (ii) The district shall provide to the parents copies of all mandatory documentation according to the parent notification procedure developed by the school.

(d) Parent Notification. The school shall develop a parent notification procedure that includes, at a minimum, written notification within 24 hours, or other timeframe as agreed upon by the school or parent, of using a regulated procedure. Notification shall be complete upon mailing, personal deliver, or electronic transmission of the notice.

206-42 Wyo. Code R. § 42-4

Amended, Eff. 7/13/2017.