Restrictions on Administration Of, or Use Of, Isolation or Restraint

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  1. Administering a chemical restraint to a student receiving special education services, as defined by § 49-10-102, is prohibited; provided, that nothing in this subsection (a) shall prohibit the administration of a chemical restraint when administered for therapeutic purposes under the direction of a physician and with the child's parent or guardian's consent to administer such chemical restraint.
  2. Administering a noxious substance to a student receiving special education services, as defined by § 49-10-102, is prohibited.
  3. The use of any mechanical restraint on any student receiving special education services, as defined by § 49-10-102, is prohibited.
  4. Any form of life threatening restraint, including restraint that restricts the flow of air into a person's lungs, whether by chest compression or any other means, to a student receiving special education services, as defined by § 49-10-102, is prohibited.
    1. The use of isolation or physical holding restraint as a means of coercion, punishment, convenience or retaliation on any student receiving special education services, as defined by § 49-10-102, is prohibited.
    2. Removing or disabling any equipment or device that a student requires, including, but not limited to, a power wheelchair, brace, augmentative communication device, or walker, as a means of coercion, punishment, convenience, or retaliation on any student receiving special education services, as defined by § 49-10-102, is prohibited.
      1. The use of physical holding restraint in the following circumstances is not prohibited:
        1. The brief holding by an adult in order to calm or comfort;
        2. The minimum contact necessary to physically escort a student from one area to another;
        3. Assisting a student in completing a task or response if the student does not resist, or resistance is minimal in intensity or duration; or
        4. Holding a student for a brief time in order to prevent any impulsive behavior that threatens the student's immediate safety.
      2. The school is not required to notify the student's parent or guardian pursuant to § 49-10-1304 in any of the circumstances listed in subdivision (e)(3)(A).
  5. The use of a locked door, or any physical structure, mechanism, or device that substantially accomplishes the function of locking a student in a room, structure, or area, is prohibited.
  6. Any space used as an isolation room shall be:
    1. Unlocked and incapable of being locked;
    2. Free of any condition that could be a danger to the student;
    3. Well ventilated and temperature controlled;
    4. Sufficiently lighted for the comfort and well-being of the student;
    5. Where school personnel are in continuous direct visual contact with the student at all times;
    6. At least forty square feet (40 sq. ft.); and
    7. In compliance with all applicable state and local fire, health, and safety codes.
  7. Notwithstanding this section, actions undertaken by school personnel to break up a fight or to take a weapon from a student are not prohibited; however, these acts shall be reported.


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