Kenton County Resource Officer/Sherriff's Office sued for restraining Disabled

[plantmanky]

Ive noticed many of the BGP teachers have not posted on this thread, I know why.

[Milfordflash]

The video on the news had sound and the officer was not yelling at the child. He was telling him he needed to behave in a civil manner and to calm down. Hand cuffs kind of got the child under control without having to get physical with him. As far as calling the parents I'm sure it was done but with no results for the next day or into the future. Parents are probably worse than the child. Usually if you have problem children in school when you meet the parents you know why the kids are like they are.

[75center]

"Kentucky's school personnel are prohibited from using restraints, especially mechanical restraints, to punish children or as a way to force behavior compliance," said Kim Tandy, executive director of the Children's Law Center, in a news release. "These regulations include school resource officers. These are not situations where law enforcement action was necessary."

[Clyde]

"Kentucky's school personnel are prohibited from using restraints, especially mechanical restraints, to punish children or as a way to force behavior compliance," said Kim Tandy, executive director of the Children's Law Center, in a news release. "These regulations include school resource officers. These are not situations where law enforcement action was necessary."

 

That doesn't bode well unless the kid was under arrest.

[plantmanky]

That doesn't bode well unless the kid was under arrest.

 

Here is a snip of the KRS on this that says otherwise.

 

704 KAR 7:160. Use of Physical Restraint and Seclusion in Public Schools.

RELATES TO: KRS 156.160 (1) (g h), 158.444 (1)

STATUTORY AUTHORITY: KRS 156.160 (1) (g h), 156.070, 158.444 (1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 (1) (g h) and 158.444 (1) give the Kentucky Board of Education the authority to promulgate administrative regulations related to medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the physical welfare and safety of the public school children.

The first responsibility of Kentucky schools is to promote learning in a safe and healthy environment for all children, teachers, and staff. The improper use of physical restraint and seclusion by districts directly affects the psychological and physical welfare of students and may result in psychological harm, physical harm, or death of students. Because there is no evidence that physical restraint or [and] seclusion is effective in reducing the occurrence of inappropriate behaviors, physical restraint or seclusion should never be used except in situations where a child’s behavior poses imminent danger of serious physical harm to self or others. Physical restraint and seclusion should be avoided to the greatest extent possible without endangering the safety of students and school personnel [staff]. This administrative regulation establishes the

requirements for the use of physical restraint and seclusion in districts and the notification and data reporting requirements for the use of physical restraint and seclusion in districts.

Section 1. Definitions. (1) “Aversive behavioral interventions” means a physical or sensory intervention program intended to modify behavior that the implementer knows would cause physical trauma, emotional trauma, or both, to a student even when the substance or stimulus appears to be pleasant or neutral to others and may include hitting, pinching, slapping, water spray, noxious fumes, extreme physical exercise, loud auditory stimuli, withholding of meals, or denial of reasonable access to toileting facilities.

(2) “Behavioral [behavior] intervention” means the implementation of strategies to address behavior that is dangerous, inappropriate, or otherwise impedes the learning of the students [or others].

(3) [“Behavioral Intervention Plan” means a comprehensive plan for managing inappropriate or dangerous behavior by changing or removing contextual factors, antecedents, and consequences that trigger, maintain, or escalate inappropriate or dangerous behavior, and for teaching alternative appropriate behaviors to replace the inappropriate or dangerous behaviors.

(4)] “Chemical restraint” means the use of medication to control behavior or restrict a student’s freedom of movement that includes over-the-counter medications used for purposes not specified on the label but does not include medication prescribed by a licensed medical professional and supervised by qualified and trained individuals in accordance with professional standards.

(4) [(5)] “Dangerous behavior” means behavior that presents an imminent danger of serious physical harm to self or others but does not include inappropriate behaviors such as disrespect, noncompliance, insubordination, or out of seat behaviors.

(5) [(6)] “De-escalation” means the use of behavior management techniques intended to mitigate and defuse dangerous behavior of a student, that reduces the imminent danger of serious physical harm to self or others.

(6) “Emancipated youth” means a student under the age of eighteen (18) who is or has been married or has by court order or otherwise been freed from the care, custody, and control of the student’s parents.

(7) “Emergency” means a sudden, urgent occurrence, usually unexpected but sometimes anticipated, that requires immediate action.

(8) [“Functional Behavioral Assessment” means a process to analyze environmental factors such as any history of trauma, the combination of antecedent factors (factors that immediately precede behavior) and consequences (factors that immediately follow behavior) that are associated with the occurrence of inappropriate or dangerous behavior and includes the collection of information through direct observations, interviews, and record reviews to identify the function of the dangerous behavior and guide the development of behavioral intervention plans.

(9)] “Mechanical restraint” means the use of any device or equipment to restrict a student’s freedom of movement, but does not mean: [include]

(a) Devices [devices] implemented by trained school personnel, or utilized by a student that have been prescribed by an appropriate medical or related services professional that are used for the specific and approved purposes for which such devices were designed;

(b) Does not mean Adaptive [and that may include adaptive] devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;

© Does not mean Vehicle [vehicle] safety restraints when used as intended during the transport of a student in a moving vehicle;

(d) Does not mean restraint for medical immobilization; and

(e) Does not mean Orthopedically [orthopedically] prescribed devices that permit a student to participate in activities without [with] risk of harm.

(9) [(10)] “Parent” means a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian of a student.

(10) [(11)] “Physical Restraint” means a personal restriction that immobilizes or reduces the ability of a student to move the student’s [his or her] torso, arms, legs, or head freely, but does not mean: [include]

(a) temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a student to move voluntarily to a safe location;

(b) does not mean behavioral interventions, such as proximity control or verbal soothing, used as a response to calm and comfort an upset student;

© does not mean less restrictive physical contact or redirection to promote student safety; and

(d) does not mean physical guidance or prompting when teaching a skill or when redirecting the student’s attention.

(11) [(12)] “Positive behavioral supports” means a school-wide systematic approach to embed evidence-based practices and data-driven decision-making to improve school climate and culture in order to achieve improved academic and social outcomes, to increase learning for all students, including those with the most complex and intensive behavior needs; and to encompass a range of systemic and individualized positive strategies to reinforce desired behaviors, to diminish reoccurrence of inappropriate or dangerous behaviors, and to teach appropriate behaviors to students.

(12) [(13)] “Prone restraint” means the student is restrained in a face down position on the floor or other surface, and physical pressure is applied to the student’s body to keep the student in the prone position.

(13) [(14)] “School personnel" means teachers, principals, administrators, counselors, social workers, psychologists, paraprofessionals, nurses, librarians, school resource officers, other sworn law enforcement officers, and other support staff who are employed in a school or who perform services in the school on a contractual basis [but does not include school resource officers defined in KRS 158.441 (2)].

(14) “School resource officer” is defined in KRS 158.441 (2).

(15) “Seclusion” means the involuntary confinement of a student alone in a room or area from which the student is prevented from leaving but does not mean [include] classroom timeouts, supervised in-school detentions, or out-of-school suspensions.

(16) “Student” means any person enrolled in a preschool, school level as defined in 704 KAR 5:240 Section 5, or other educational program offered by a local public school district.

(17) “Supine restraint” means the [a] student is restrained in a face up position on the student’s [his or her] back on the floor or other surface, and physical pressure is applied to the student’s body to keep the student in the supine position.

(18) “Timeout” means a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

[plantmanky]

"Kentucky's school personnel are prohibited from using restraints, especially mechanical restraints, to punish children or as a way to force behavior compliance," said Kim Tandy, executive director of the Children's Law Center, in a news release. "These regulations include school resource officers. These are not situations where law enforcement action was necessary."

 

She is incorrect.

[75center]

She is incorrect.

 

You're right, so he would need to prove the child's behavior posed imminent danger of serious physical harm to himself or others. I've seen children in those situations and cuffing doesn't calm them down to the degree that child was exhibiting. That's going to be a tough defense.

[plantmanky]

You're right, so he would need to prove the child's behavior posed imminent danger of serious physical harm to himself or others. I've seen children in those situations and cuffing doesn't calm them down to the degree that child was exhibiting. That's going to be a tough defense.

 

Punching teacher, principal and officer, what more of a defense do you need.

[doubledeuce]

Why didn't they just call the parents, and make them come pick up their child from school?

What do you do with him in the mean time?

[doubledeuce]

You're right, so he would need to prove the child's behavior posed imminent danger of serious physical harm to himself or others. I've seen children in those situations and cuffing doesn't calm them down to the degree that child was exhibiting. That's going to be a tough defense.

So, what are the options if a kid is out of control?

[75center]

Punching teacher, principal and officer, what more of a defense do you need.

 

My guess is a lot. Serious physical harm is a high mark to hit, particularly from a young kid.

[75center]

So, what are the options if a kid is out of control?

 

Not many with one that young. Cuffs are the issue. I've seen physical restraining holds that were acceptable but not with one so little.

[plantmanky]

Not many with one that young. Cuffs are the issue. I've seen physical restraining holds that were acceptable but not with one so little.

 

So you would rather an adult, physically restrain this kid for what 30-40 minutes till parents show up, rather than put him in handcuffs?

[Jesse James]

What was the disability that this kid suffered from? Forgive me if it was mentioned in article I never read or the previous posts, dont have time at work.

[75center]

So you would rather an adult, physically restrain this kid for what 30-40 minutes till parents show up, rather than put him in handcuffs?

 

I haven't said I prefer one way or the other, just how I expect this to go for him and the school. There are no easy answers. Not good.