Ark. Code § 6-18-2407

Current with legislation from 2024 Fiscal and Special Sessions.

Section 6-18-2407 - Documentation - Notification - Debriefing

After the occurrence of an incident involving physical restraint of a student, school personnel involved in the incident shall:

(1)

(A) Document the incident in a written report within twenty-four (24) hours after the incident occurred.

(B) A written report of the incident shall:

(i) Include all information contained in the Physical Restraint or Seclusion Incident Record and Debriefing Report provided by the Division of Elementary and Secondary Education; and

(ii) Be maintained in the education record of the student on whom physical restraint was used.

(C) A copy of the report shall be provided to the parent of the student on whom physical restraint was used within one (1) school day of the completion of the report;

(2) Notify the:

(A) Principal of the school or another designated building administrator of the incident as soon as possible but no later than the end of the school day on which the incident occurred;

(B)

(i) Parent of the student on whom physical restraint was used via verbal or electronic communication as soon as possible but no later than the end of the school day on which the incident occurred.

(ii) If the parent of the student on whom physical restraint was used cannot be notified via verbal or electronic communication within twenty-four (24) hours after the incident occurred, the parent shall be mailed written notification of the incident within forty-eight (48) hours after the incident occurred; and

(3)

(A) Hold a debriefing meeting within two (2) school days after the incident occurred.

(B) The following school personnel shall be present at a debriefing meeting:

(i) A member of school personnel who was present during the incident;

(ii) A member of school personnel who was in the proximity of the student on whom physical restraint was used immediately before and during the time of the incident;

(iii) A school administrator; and

(iv) Any other member of school personnel determined to be appropriate by the school district.

(C) The purpose of the debriefing meeting shall be to:

(i) Determine whether the procedures used during the incident were necessary;

(ii) Evaluate the use of any behavioral supports and de-escalation techniques by school personnel before and during the incident; and

(iii) Evaluate the school district's positive behavioral support system and prevention techniques in order to minimize future use of physical restraint.

(D) At a debriefing meeting, school personnel shall:

(i) Consider relevant information in the education record of the student on whom physical restraint was used, including without limitation the concerns of the parent of the student and the student's social and medical history, functional behavior assessment, and behavior intervention plan;

(ii) Consider relevant information from the teachers, parents, and other professionals employed with the school district;

(iii) Discuss whether positive behavioral support was appropriately implemented;

(iv) Discuss the duration and frequency of the use of physical restraint on the student;

(v) Discuss appropriate action that may be taken to prevent and reduce the need for physical restraint;

(vi) Consider whether additional intervention and support is necessary for the student on whom physical restraint was used;

(vii) Consider whether additional intervention and support is necessary for school personnel; and

(viii) Consider how and when to debrief a person who was not present at the debriefing meeting, including without limitation the student on whom physical restraint was used, the parent of the student on whom physical restraint was used, and any other school personnel or students who witnessed the incident.

(E)

(i) The Physical Restraint or Seclusion Incident Record and Debriefing Report provided by the division or an alternative report that includes the same information as in the Physical Restraint or Seclusion Incident Record and Debriefing Report shall be completed during the debriefing meeting and filed with a designated administrator of the school district.

(ii) A copy of the report completed under subdivision (3)(E)(i) of this section shall be mailed to the parent of the student on whom physical restraint was used within two (2) days of the date on which the debriefing meeting was held.

(F) All documentation used during the debriefing meeting shall be maintained as part of the education record of the student on whom physical restraint was used.

Ark. Code § 6-18-2407

Added by Act 2021, No. 1084,§ 1, eff. 7/28/2021.