La. Admin. Code tit. 28 § XLIII-540

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-540 - Definitions

A. As used in these Sections 541 through 543:

1.Imminent Risk of Harm - an immediate and impending threat of a person causing substantial injury to self or others;

2.Mechanical Restraint -

a. the application of any device or object used to limit a person's movement;

b. does not include:

i. a protective or stabilizing device used in strict accordance with the manufacturer's instructions for proper use and which is used in compliance with orders issued by an appropriately licensed health care provider;

ii. any device used by a duly licensed law enforcement officer in the execution of his official duties;

3.Physical Restraint -

a. bodily force used to limit a person's movement;

b. does not include:

i. consensual, solicited, or unintentional contact;

ii. momentary blocking of a students action if said action is likely to result in harm to the student or any other person.

iii. holding of a student, by one school employee, for the purpose of calming or comforting the student, provided the student's freedom of movement or normal access to his or her body is not restricted;

iv. minimal physical contact for the purpose of safely escorting a student from one area to another; or

v. minimal physical contact for the purpose of assisting the student in completing a task or response;

4.Positive Behavior Interventions and Support - a systematic approach to embed evidence-based practices and data-driven decision making when addressing student behavior in order to improve school climate;

5.Seclusion - a procedure that isolates and confines a student in a separate room or area until he or she is no longer an immediate danger to self or others;

6.Seclusion Room - a room or other confined area, used on an individual basis, in which a student is removed from the regular classroom setting for a limited time to allow the student the opportunity to regain control in a private setting and from which the student is involuntarily prevented from leaving;

7.School Employee - a teacher, paraprofessional, administrator, support staff member, or a provider of related services;

8.Written Guidelines and Procedures - the written guidelines and procedures adopted by a school's governing authority regarding appropriate responses to student behavior that may require immediate intervention.

La. Admin. Code tit. 28, § XLIII-540

Promulgated by the Board of Elementary and Secondary Education, LR 38:1006 (April 2012), Amended LR 422177 (12/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:7(5)(b) and 17:416.21.