The Board of Education believes in the use of positive supports and strategies to meet the needs of its students. The Board recognizes that in certain circumstances, a timeout may be a necessary behavioral intervention for particular students with disabilities. The Board also recognizes that the use of physical restraint on a student may be necessary to prevent imminent danger of serious physical harm to the student or others. Accordingly, the use of timeouts and/or emergency physical restraints shall be in conformance with State law, Rules of the Board of Regents, and the Regulations of the Commissioner of Education.
I. Timeouts
A timeout is behavior management technique that involves the monitored temporary removal of a student from their location to a non-locked area, including a room or other physical space, for the student to safely deescalate, regain control and prepare to transition successfully back into their educational program.
The Board recognizes the use of timeouts either (i) only in conjunction with a Behavior Intervention Plan (BIP) specified in an Individualized Education Program (“IEP”) and/or (ii) a situation that poses an immediate concern for the physical safety of the student or others. Once the student has safely de-escalated, regained self-control, and is prepared to meet expectations of the school/class, the student will be returned to their educational program. A timeout may be used only when: (a) other less restrictive and intrusive interventions and de-escalation techniques would not prevent imminent danger of serious physical harm to the student or others; (b) there is no known medical contraindications to its use on the student; and (c) school staff using such intervention have been trained in its safe and appropriate application.
Staff who may be called upon to implement the use of the timeout will be trained annually on the use of the timeout and related behavior intervention practices.
Use of the timeout will be specified on the student’s BIP and IEP, with the maximum number of minutes permitted and that is designed to teach and reinforce alternative appropriate behaviors, as part of the student’s IEP.
Parents or guardians will be informed by the District prior to the initiation of a BIP that will use any of the suggested/methods/techniques mentioned above. All parents/guardians will be provided with a copy of the District’s policy on timeouts/physical restraints. The District shall give the parents/guardians the opportunity to be to see the physical space that is used for timeout prior to its use.
Except as provided pursuant to 8 New York Code of Rules and Regulations (NYCRR) Section 200.22(c) as referenced below, the District shall not employ the use of a timeout as a means of regulating student behavior.
Pursuant to Commissioner’s Regulations, a timeout may take place in a physical location such “as an area for a student to safely deescalate, regain control and prepare to meet expectations to return to their education program.”
At a minimum, the use of timeout shall be governed by the following rules and standards:
a. Location: A timeout will take place in a setting, including a room or physical space that provides a means for continuous visual and auditory monitoring of the student. District staff will continuously monitor the student in a timeout. Staff shall continuously monitor the student in a timeout. The staff must be able to see and hear the student at all times.
The timeout setting will be of adequate width, length and height so that the student may move about and recline comfortably. Wall and floor coverings should be designed to prevent injury to the student, and there must be adequate lighting and ventilation. The temperature of the setting will be within normal comfort rage and consistent with the rest of the building. The setting will be clean and free of objects and fixtures that could be potentially dangerous to a student. All local fire and safety codes will be observed.
b. Use: The District prohibits placing a student in a locked room or space or in a room where the student cannot be continuously observed and supervised. The timeout space shall be unlocked at all times and the door must be able to be opened from the inside. The use of locked rooms or spaces for purposes of timeout or emergency interventions is prohibited.
The use of seclusion, where a student is involuntarily confined in a room or space that they are physically prevented from leaving or they may perceive that they cannot leave at will is prohibited.
c. Time Limitations: Time limitations will be documented on the student’s BIP and IEP. Once a student is calm and in control, the student is given an opportunity to leave timeout, even if the student’s time in the timeout setting has not exceeded the maximum limit.
Further, a student’s IEP shall specify when a BIP includes the use of timeout for a student with a disability, including the maximum amount of time a student will need to be in timeout as a behavioral intervention as determined on an individual basis in consideration of the student’s age and individual needs.
School administration or other personnel shall be notified in the event a student is placed in a timeout for an excessive amount of time; and such information shall be considered when determining the effectiveness of the student’s BIP and the use of the timeout for the student.
For students placed in timeout and who do not have an IEP or BIP, they may remain in timeout only until they are safely de-escalated, regained self-control and are prepared to meet expectations, at which time they will be returned to their educational program
d. Data collection to monitor the effectiveness of the use of timeouts:
- District schools shall establish and implement procedures to document the use of timeout, including information to monitor the effectiveness of the use of the timeout to decrease specified behaviors. Such data may be subject to review by the State Education Department (SED) upon request.
2. Such data collection should appropriately include, but is not limited to, the
following information:
(a) The student’s name and date of birth;
(b) A record for each student showing the date and time of each use of the timeout;
(c) A detailed account of the antecedent conditions/specific behavior that led to the use of the timeout;
(d) The amount of time that the student was in the timeout; and
(e) Information to monitor the effectiveness of the use of the timeout to decrease specified behaviors which resulted in the student being placed in timeout in the first place.
II. Physical Restraint
A physical restraint is a personal restriction that immobilizes or reduces the ability of a student to move their arms, legs, body, or head freely. Physical restraint does not include a physical escort (unless the escort restricts/immobilizes the student) or brief physical contact/redirection to promote student safety, calmness, prompting, or guiding students when teaching skill.
Staff will not use physical restraint, including protective holds, as a substitute for systematic intervention(s) to modify inappropriate behavior. A physical restraint should never increase (or create more) risk than the behavior it is trying to contain. A physical restraint will never be used as a form of discipline or punishment, retaliation, or as a substitute for positive, proactive intervention strategies that are designed to change, replace, modify or eliminate a targeted behavior. Staff who may be called upon to place a student in physical restraint will be trained in safe, effective ways to do so in a manner consistent with the Rules of the Board of Regents and the Commissioner’s Regulations. The District’s emergency interventions never include the use of mechanical or prone restraints.
At a minimum, the use of physical restraint shall be governed by the following rules and standards:
a. Use: During emergencies, immediate intervention by staff involving the use of reasonable physical intervention may be necessary to prevent imminent danger of serious physical harm to the student or others. Physical restraint may not be used to prevent damage to property, unless the damage to property may lead to imminent danger of serious physical harm to the student or others.
Physical restraint may only be used if no other less restrictive option to reduce the likelihood of imminent harm upon the student or others is available, and may only be used as long as necessary and must be discontinued when the imminent danger giving rise to the use subsides.
b. Exceptions: Physical restraint does not include a physical escort or brief physical contact and/or redirection to promote student safety, calm or comfort a student, prompt or guide a student when teaching a skill or assisting a student in completing a task, or for other similar purposes.
III. Debriefing
Debriefing with Building Administration and staff involved in the use of a timeout and/or physical restraint will take place as soon as practicable after the implementation of a timeout. Debriefing with the student following the use of timeout will take place with the staff knowledgeable about the individual student and consistent with the student’s BIP and IEP, taking into account the student’s age and development.
IV. Documentation and Notification
Additionally, parents should be notified if their child was placed in a timeout and/or physical restraint. Minimally, whenever a timeout and/or physical restraint is used as an emergency intervention pursuant to Commissioner’s Regulations, the parent shall be notified of the emergency intervention. Such notification will be provided the same day whenever possible, and the parents shall receive documentation of the use of a timeout within three school days, which shall include data collection on the use of timeout and/or physical restraint.
The parent is a member of the CSE and the use of a timeout must be included on the student’s IEP. The parent receives prior notice as to the recommendations on a student’s IEP and may request due process in the event the they do not agree with the CSE recommendations.
V. Staff Training
All staff will receive annual training on the District’s policies and procedures related to the use of timeout rooms and physical restraints; evidence-based positive, proactive strategies; crisis intervention and prevention procedures and de-escalation techniques. In addition, any staff who may be called upon to implement timeout or physical restraint shall receive annual, evidence-based training in safe and effective developmentally appropriate timeout and physical restraint procedures.
Parent reports of alleged inappropriate interventions used in timeout and/or physical restraint should be directed to school administrators.
Ref: Education Law Sections 207, 210, 305, 4401, 4402, 4403, and 4410
8 New York Code of Rules and Regulations (NYCRR) Sections 19.5, 200.1, 200.4, 200.7,
200.22, and 201.2
Adoption date: January 8, 2024