Section R277-609-5 - Physical Restraint and Seclusionary Time Out(1) When used consistently with an LEA plan under Subsection R277-609-4(1): (a) a physical restraint must be immediately terminated when:(i) a student is no longer an immediate danger to self or others; or(ii) a student is in severe distress; and(b) the use of physical restraint shall be for the minimum time necessary to ensure safety and a release criteria, as outlined in LEA policies, must be implemented.(2) If a public education employee physically restrains a student, the school or the public education employee shall provide notice as soon as reasonably possible and before the student leaves the school as described in Section R277-609-10 to the student's parent.(3) A public education employee may not use physical restraint on a student for more than the shortest of the following before stopping, releasing, and reassessing the intervention used:(a) the amount of time described in the LEA's emergency intervention training program;(c) when law enforcement arrives.(4) A public education employee may not use physical restraint as a means of discipline or punishment.(5) If a public education employee uses seclusionary time out, the public education employee shall:(a) use the minimum time necessary to ensure safety;(b) use release criteria as outlined in LEA policies;(c) ensure that any door remains unlocked consistent with the fire and public safety requirements described in Rules R392-200 and R710-4;(d) maintain the student within line of sight of the public education employee;(e) use the seclusionary time out consistent with the LEA's plan described in Section R277-609-4; and(f) ensure that the enclosed area meets the fire and public safety requirements described in Rules R392-200 and R710-4.(6) If a student is placed in seclusionary time out, the school or the public education employee shall provide notice as soon as reasonably possible and before the student leaves the school to:(a) the student's parent; and(b) school administration.(7) A public education employee may not place a student in a seclusionary time out for more than 30 minutes.(8) In addition to the notice described in Subsection (7), if a public education employee places a student in seclusionary time out for more than 15 minutes, the school or the public education employee shall immediately provide notice to:(a) the student's parent or guardian; and(b) school administration.(9) Seclusionary time out may only be used for maintaining safety.(10) A public education employee may not use seclusionary time out as a means of discipline or punishment.Utah Admin. Code R277-609-5
Adopted by Utah State Bulletin Number 2015-19, effective 9/3/2015Amended by Utah State Bulletin Number 2017-1, effective 12/8/2016Amended by Utah State Bulletin Number 2018-11, effective 5/8/2018Amended by Utah State Bulletin Number 2020-04, effective 1/22/2020Amended by Utah State Bulletin Number 2020-17, effective 8/12/2020Amended by Utah State Bulletin Number 2021-17, effective 8/25/2021Amended by Utah State Bulletin Number 2022-18, effective 9/9/2022Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023Amended by Utah State Bulletin Number 2023-13, effective 6/13/2023