Summary: 

Effective: April 30, 2021 

Last Updated: December, 2024

Upon the adoption of House Bill 1610, Arkansas schools have been given new guidelines regarding the use of restraint. Below is a summary of the effective parts of HB 1610 along with guidance on how Safety-Care can be used to meet these requirements.

How Safety-Care aligns: Numerous education organizations throughout the United States and Canada rely upon QBS and our Safety-Care training to provide their staff members with the training they need to help maintain a safe and healthy environment. Safety-Care provides a comprehensive, supportive approach to incident prevention, de-escalation, and management. Your Staff will learn practical strategies for helping students that use evidence-based practices consistent with PBIS (Positive Behavior Interventions and Supports) and ABA (Applied Behavior Analysis).  

Safety-Care can meet the requirements of Departmental Requirements in the following ways: 

AR ST § 6–18–2205.

(b) (1) School personnel shall use the least restrictive technique necessary to end imminent danger or serious physical harm to a student and others. (2) The ability of a student to communicate shall not be restricted unless the use of a less restrictive technique by school personnel will not prevent imminent danger of serious physical harm to the student or others.  

(c) When using a crisis intervention procedure or technique, school personnel shall consider the health and safety of a student, including without limitation whether the student has an existing medical condition that makes the use of physical restraint inadvisable.  

(d) Supine restraint shall not be used unless:  

(1) The school personnel administering the supine restraint has been trained by a person who is certified by a training program that meets the criteria specified in AR ST § 6–18–2209; and  

(2) A person who is certified by a training program that meets the criteria specified in AR ST § 6–18–2209 determines that supine restraint is required to provide safety for the student and others.  

(e) If physical restraint is used on a student, the student shall be continuously and visually observed and monitored while he or she is under physical restraint.  

(f) When using physical restraint on a student, school personnel shall:  

(1) Use the safest method available and appropriate to the situation;  

(2) Use the amount of force that is reasonably necessary to protect a student or others from imminent danger of serious physical harm to the student or others; and  

(3) Not verbally abuse, ridicule, humiliate, taunt, or engage in any other similar action towards the student.    

(g) Physical restraint of a student shall:  

(1) Be used for a limited period of time; and  
(2) Not be used:  

(A) When imminent danger or serious physical harm to the student or others dissipates or a medical condition occurs that puts the student at risk of harm;  
(B) Unless the behavior of the student poses an imminent danger of serious physical harm to the student or others; 
(C) After the threat of imminent danger of serious physical harm to the student or others dissipates; or  
(D) In the following manner:  

(i) To punish or discipline the student;  
(ii) To coerce the student;  
(iii) To force the student to comply;  
(iv) To retaliate against the student;  
(v) To replace the use of an appropriate educational or behavioral support;  
(vi) As a routine safety measure;  
(vii) As a planned behavioral intervention in response to behavior of the student that does not pose an imminent danger of serious physical harm to the student or others;  
(viii) As a convenience for school personnel; or  
(ix) To prevent property damage unless the act of damaging property committed by the student poses an imminent danger or serious physical harm to the student and others.  

How Safety-Care aligns: Safety-Care promotes the use of de-escalation prior to the use of any physical management. Physical management techniques are designed to ensure the safety of all participants and are only to be used until the situation has de-escalated. Safety-Care can be designed and taught to match local requirements regarding restraint but always focuses on the least restrictive and safest methods. All physical management techniques are role-played by trainees to ensure that they fully grasp the need for minimum restriction and full safety of all participants. Our Master Trainers verify each trainees use of these techniques in role-play, further ensuring their safe use. Each trainee must prove mastery of proper technique use before they can be certified in Safety-Care. Safety-Care prohibits the use of chemical restraints. 

(h) School personnel shall not use the following on a student:  

(1) Mechanical restraint;  
(2) Chemical restraint;  
(3) Aversive behavioral interventions that compromise health and safety;  
(4) Physical restraint that is:  

(A) Life-threatening; or  
(B) Medically contraindicated unless the behavior of the student poses an imminent danger of serious physical harm to the student or others; or  

(5) Prone restraint or other restraint that restricts the breathing of a student.  

How Safety-Care aligns: All physical management techniques used in Safety-Care are designed to ensure the utmost safety of all involved participants. Our training program can be tailored to focus on the specific restraints that are authorized by state law and omit practices that are not permitted. Safety-Care trainees are required to understand their local requirements and comply with their application.  

A program used by a school district to train school personnel on the use of physical restraint on a student shall:  

(1) Teach evidence-based techniques that are shown to be effective in the prevention and safe use of physical restraint;  
(2) Provide evidence-based skills training relating to positive support, conflict prevention, de-escalation, and crisis response techniques, including without limitation:  

(A) Guidelines on understanding when there is an imminent danger of serious physical harm to a student or others;  
(B) Guidelines on when to intervene when there is an imminent danger of serious physical harm to a student or others;  
(C) An emphasis on safety and the respect for the rights and dignity of each person involved in an incident that involves the use of physical restraint on a student;  
(D) An emphasis on using the least restrictive form of intervention and taking incremental steps in an intervention;  
(E) The provision of updates on information concerning alternatives to the use of restrictive interventions;  
(F) Strategies for the safe implementation of restrictive interventions;  
(G) The use of emergency safety interventions that include without limitation continuous assessment and monitoring of the physical well-being of a student and the safe use of physical restraint throughout the duration of a restrictive intervention;  
(H) Prohibited procedures;  
(I) Debriefing strategies, including without limitation the importance and purpose of debriefing; and  
(J) Documentation of methods and procedures concerning the use of physical restraint on a student.  

(3) Be competency-based and include measurable learning objectives, measurable testing using written documentation of behavior and observation of behavior on the objectives of the testing, and measurable methods to determine passing or failing the program;  
(4) Require recertification at least biennially.     

How Safety-Care aligns: Safety-Care can be a vital part of any developed workplace violence prevention plan. Safety-Care is uniquely designed to provide trainees with the skills to assess potential crises, how de-escalate these situations, and how to respond if the situation is elevated. Our trainings are trauma-informed and focus on modifying behavior to prevent dangerous outcomes. Safety-Care is focused on encouraging positive behavior prior to the use of any other intervention strategy. Our approach stems from the use of Positive Behavior Intervention and Supports (PBIS) that can prevent and manage challenge behavior. Safety-Care as a training program can be tailored to meet the needs of multiply organizations and professions. All Safety-Care offerings are trauma-informed and utilize PBIS and ABA to ensure that all trainees are equipped with the appropriate responses to challenging behaviors. Additionally, add-on trainings can be provided for unique situations to your facility. Safety-Care renewal is to be completed on an annual basis to ensure that the training is up to date with the most current research and practices