513 IAC 1-0.5-1 - Preamble
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40
Sec. 1.
(a) The
purpose of this article is to:
(1) prevent and
reduce the use of restraint and seclusion in schools;
(2) ensure the safety and dignity of all
students and personnel in schools;
(3) promote a positive school culture and
climate;
(4) protect students from:
(A) physical or mental abuse;
(B) aversive behavioral interventions that
compromise health and safety; and
(C) any restraint or seclusion imposed solely
for purposes of discipline or convenience;
(5) ensure that restraint and seclusion are
imposed in school only when a student's behavior poses an imminent danger of
physical injury to the student, school personnel, or others; and
(6) assist public, charter, and accredited
nonpublic schools in:
(A) establishing
policies and procedures to keep all students and school personnel safe,
including students with the most complex and intensive behavioral
needs;
(B) providing school
personnel with the necessary tools, training, and support to ensure the safety
of all students and all school personnel; and
(C) collecting and analyzing data on
restraint and seclusion in schools, including data on the use of restraint and
seclusion by school resource officers.
(b) The following beliefs and principles have
guided the commission's work in drafting this article:
(1) Safe, effective, evidence-based
strategies are available to support children who display challenging behaviors
in school settings.
(2) The
effective implementation of school-wide positive behavior supports is linked to
greater academic achievement, significantly fewer disciplinary problems,
increased instruction time, and staff perception of a safer teaching
environment.
(3) The use of
restraint or seclusion should be seen as an extraordinary event and should
never be used as a:
(A) routine strategy
implemented to address instructional problems or inappropriate behavior (e.g.,
disrespect, noncompliance, insubordination, out of seat);
(B) means of coercion or retaliation;
or
(C) convenience.
(4) School personnel have the
right to work in a safe environment and should be provided training and support
to prevent injury and trauma to themselves and others.
(5) Staff training focused on the dangers of
restraint and seclusion as well as training in evidence-based positive behavior
supports, deescalation techniques, and restraint and seclusion prevention can
reduce the incidence of injury, trauma, and death.
(6) School resource officers, as well as
other law enforcement officers who provide services to schools, are important
partners in the implementation of school safety.
(7) Schools should never request or encourage
a school resource officer, or any other law enforcement officer who provides
services to schools, to initiate the restraint or seclusion of a
student.
(8) The collection of
complete and accurate data related to the use of restraint or seclusion of a
student is important to the state of Indiana in order to determine the areas
where training and education may be needed.
Notes
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