Policy 504.13 – Restraint and Seclusion

Elkhorn Public Schools believes it is the right of all students to be treated with dignity and
to remain safe at all times. The emphasis of the district is on prevention and behavioral
de-escalation, which reduces the risk of injury and promotes the care, welfare, safety,
and security for all members of the school community. The purpose of physical restraint
and/or seclusion is to temporarily control the behavior of a student as a last resort in an
emergency situation, to prevent immediate danger or serious bodily injury to the
student or others in the environment.

  1. Physical Restraint. “Physical restraint” is defined as any method of one or more
    persons restricting another person’s freedom of movement, physical activity, or
    normal access to his or her body.
    1. “Physical restraint” does not include any action taken to:
      1. Provide physical instructional prompts in the course of instruction, for the purpose of directing or assisting a student in completing a task or activity;
      2. Briefly holding a student in order to calm or comfort the student;
      3. Holding a student’s hand or arm, or touching a student’s shoulder or back, to escort the student safely from one area to another when the student is complying with the request to move;
      4. Intervene in a physical fight;
      5. Physically remove a weapon or dangerous object from a student’s possession;
      6. Use protective or stabilizing devices, including adaptive equipment.
  2. Seclusion. “Seclusion” is when a person is involuntarily confined in a location
    where they are alone, and where they are prevented from leaving that environment.
    This includes situations where a door is locked as well as where the door is blocked by
    other objects or held closed by a staff member. Any time a student is involuntarily alone
    in a room and prevented from leaving should be considered seclusion, regardless of
    the intended purpose, the names applied to this procedure, or the place where the
    student is secluded.
    1. “Seclusion” does not include:
      1. In-school suspension
      2. Use of time out
      3. Removal to the office or a classroom for intervention (processing of the incident)
      4. Detention
      5. A break requested by the student

The District will adhere to all laws and state regulations governing physical force,
physical restraint, and/or seclusion. Staff members are authorized to use physical
restraint and/or seclusion in limited situations, under the conditions and circumstances
specified in the EPS Administrative Handbook for Staff Use of Physical Restraint and/or
Seclusion.

The student’s parents shall be given a timely explanation of the reasons for physical
restraint, and/or seclusion.

Adopted: December 14, 2020