ODE Policy and Rules for Restraint and Seclusion, and Positive Behavior Interventions and Support posted for public comment

October 2, 2012

October 24 is the deadline to submit comments on the Ohio Department of Education's (ODE) draft policy and rule (3301-35-15) on Positive Behavior Interventions and Support (PBIS) and Restraint and Seclusion. The policy and rule seek to provide local school districts direction on PBIS as well as limitations on the use of restraint and seclusion. Currently, the Ohio Department of Education (ODE) lacks any rule or policy regulating the use of seclusion and restraint in Ohio’s schools.

The draft policy and rule include a purpose, applicability, definitions, Positive Behavior Intervention and Supports, prohibited practices, seclusion, restraint, training/professional development, required data and reporting, monitoring and references. Advocates are concerned that they fail to ban the use of seclusion as called for in Disability Rights Ohio’s recent investigative report regarding practices in Columbus City Schools.  They also do not regulate restraint and seclusion in Ohio’s public ‘charter’ (community) schools, even though these practices are used in some of those schools.

The work on the development of a policy and rule dates back to 2009. After the death of a girl who had been restrained in an Ohio residential facility, then Governor Strickland issued an executive order banning the use of prone restraint. Seven state departments formed a work group to research issues related to the use of physical and chemical restraints within their systems. Those departments agreed on recommendations that were incorporated into a state-wide policy prohibiting seclusion or physical restraint unless implemented by trained staff and under the approval, guidance and restrictions as outlined within each state department’s policies.

Feedback and comments will be accepted until October 24, 2012. If you have comments on multiple sections, ODE requests that you submit them individually using the dropdown menu.

Review the drafts for public comment:

Comment on the draft policy and rule: Rules and Policy Comment Form: Positive Behavior Interventions and Support - Seclusion and Restraint

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