TITLE 33

EDUCATION

CHAPTER 12

TEACHERS

33-1224.  Powers and duties of teachers. (1) For purposes of this section:

(a)  "Corporal punishment" means knowingly and purposely inflicting physical pain on a pupil as a disciplinary measure.

(b)  "Physical escort" means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location.

(c)  "Restraint" means physical, mechanical, or chemical forms of restriction, which are defined as follows:

(i)   "Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move his torso, arms, legs, or head freely. This term does not include a physical escort;

(ii)  "Mechanical restraint" means the use of any device or equipment to restrict a student’s freedom of movement. This term does not include devices implemented by trained school personnel or utilized by a student that have been prescribed by an appropriate medical-related services professional and are used for the specific and approved purposes for which such devices were designed, such as:

1.  Adaptive devices or mechanical supports, when used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;

2.  Vehicle safety restraints, when used as intended during the transport of a student in a moving vehicle;

3.  Restraints for medical immobilization; or

4.  Orthopedically prescribed devices that permit a student to participate in activities without risk of harm; and

(iii) "Chemical restraint" means the use of drugs or medication to control behavior. This term does not include drugs or medication prescribed by and administered in accordance with the directions of a qualified health professional.

(d)  "Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. This term does not include a timeout that is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a nonlocked setting, and is implemented for the purpose of calming.

(2)  In the absence of any statute or rule or regulation of the board of trustees, any teacher employed by a school district shall have the right to direct how and when each pupil shall attend to his appropriate duties and the manner in which a pupil shall demean himself while in attendance at the school. It is the duty of a teacher to carry out the rules and regulations of the board of trustees in managing classroom behavior, and a teacher shall have the power to adopt any reasonable rule or regulation to manage classroom behavior in, and otherwise govern, the classroom, not inconsistent with any statute or rule or regulation of the board of trustees. However, corporal punishment shall not be used.

(3)  Restraint and seclusion shall not be used as forms of discipline or methods of classroom governance. Chemical restraint shall not be used for any purpose. Physical or mechanical restraint or seclusion may be deployed only in circumstances where a pupil’s conduct has placed himself, employees, or any other individual in imminent danger of serious bodily harm.

(4)  The state department of education shall prepare resources, guidance, and training modules to support schools in adhering to the provisions of this section.

(5)  All public and charter school staff directly assigned to students or classrooms shall receive annual professional development training regarding positive behavior supports, de-escalation techniques, and classroom behavior management. All staff directly serving students or classrooms with students who demonstrate aggressive or dangerous behaviors shall receive annual professional development training in crisis management, de-escalation techniques, the correct use of restraints and seclusion when required, and the implementation of functional behavior assessment, behavior intervention plans, and crisis plans.

(6)  All school district boards of trustees and directors of public charter schools shall demonstrate to the state department of education that they have a seclusion and restraint policy that meets the requirements of this section. School district boards of trustees and directors of public charter schools shall adopt a policy that applies to nondisabled and disabled students to include the following:

(a)  Definitions of physical restraint, mechanical restraint, chemical restraint, and seclusion pursuant to this section;

(b)  Guidelines for use and prohibitions for use of restraint and seclusion;

(c)  Reporting requirements for documenting and informing parents, administrators, and state and federal agencies as necessary of each instance of restraint or seclusion; and

(d)  Requirements for periodic review of instances of restraint or seclusion, and of practices related to such, by school district boards of trustees and directors of public charter schools.

History:

[33-1224, added 1963, ch. 13, sec. 164, p. 27; am. 2023, ch. 246, sec. 1, p. 761.]