Summary:

Last Amended Date: January 2024

Article 1, 15-105 focuses entirely on the use of restraint and seclusion in schools within the state of Arizona. These guidelines set new standards for schools. Below is a summary of 15-105 and descriptions of how Safety-Care can be used to meet the needs of school districts throughout the state.

A. Conditions for Use: 

1. Restraint or seclusion techniques may only be used if the pupil's behavior poses an imminent danger of bodily harm to themselves or others. 

2. These techniques can only be used when less restrictive interventions are deemed insufficient to mitigate the imminent danger. 

B. Requirements for Use: 

1. Continuous visual observation and monitoring of the pupil must be maintained while the restraint or seclusion technique is in use.

2. The technique must end when the pupil's behavior no longer presents an imminent danger. 

3. Trained school personnel should administer the technique, except in emergency situations when there is not sufficient time to summon trained personnel. 

4. The restraint technique used must not impede the pupil's ability to breathe. 

5. The technique employed must be proportionate to the pupil's age and physical condition. 

How Safety-Care aligns: Safety-Care focuses on the use of Incident Prevention prior to the use of any physical intervention. All personnel are trained to treat the persons under their care in a humane and professional manner. Our program emphasizes de-escalation as a primary strategy before the use of physical interventions. If physical interventions are needed, Safety-Care ensures that the practices that are trained and used are as safe and appropriate as possible to both staff and student.   

C. Policies and Procedures: 

Schools may establish policies and procedures for using restraint or seclusion techniques in a school safety or crisis intervention plan, provided the plan is not specific to any individual pupil.

D. Reporting and Documentation: 

1. Parents or guardians must be notified on the same day as the incident, unless circumstances prevent same-day notification. If not possible, notice must be given within 24 hours. 

2. Written documentation, including details of triggers, behavior, location, technique, and duration used, must be provided to parents or guardians within a reasonable time after the incident. 

3. Schools must review strategies used to address a pupil's dangerous behavior if restraint or seclusion techniques are repeatedly used during a school year, including if a full functional behavioral assessment may be needed. 

 E. Law Enforcement Involvement:

If law enforcement is summoned instead of using restraint or seclusion techniques, schools must still comply with reporting, documentation, and review procedures. School Resource Officers are authorized to respond according to the regulations set by their law enforcement agency. 

How Safety-Care aligns: Safety-Care trains educators in specific actions related to physical management that are only to be used when necessary for safety, and with the utmost care for students and staff using such actions. Safety-Care stresses the risks involved in such actions, both physical and psychological. Additionally, Safety-Care has internal reporting requirements that must be used to supplement existing regulations regarding the use of these physical actions. 

F. Exception: 

This section does not prohibit schools from adopting policies pursuant to another section of the law.

G. Definitions: 

1. Defines "restraint" as any method or device that limits a pupil's ability to move freely, excluding certain approved therapeutic or safety purposes. Exemptions are set for therapeutic or safety purposes as well as temporary touching in an effort to encourage compliance. Holding a student for the purpose of calming or comfort is also exempted. Physical force is allowed to remove a weapon from a student or to separate a physical assault. 

2. Defines "seclusion" as the involuntary confinement of a pupil alone in a room, excluding voluntary behavior management techniques. 

Overall, the law emphasizes the importance of safety, proper training, documentation, and parental notification in the use of restraint and seclusion techniques in schools. It aims to ensure these techniques are used only when necessary and in a manner that respects the dignity and well-being of students.