From: ED, Special Ed Resource Acct
Sent: Wednesday, September 30, 2009 11:12 AM
To: ''; ''; ''
Cc: ''
Subject: Required Reporting of the Use of Restraints
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF EDUCATION
September 30, 2009
SUBJECT: Required Reporting of the Use of Restraints
TO: School District Superintendents
School District Special Education Directors
Charter School Chief Executive Officers
Charter School Special Education Directors
Intermediate Unit Executive Directors
Intermediate Unit Special Education Directors
FROM: John J. Tommasini
Director
Bureau of Special Education
Chapter 14, Section 14.133, requires positive, rather than negative, measures to form the basis of behavior support programs to ensure that all students and eligible young children shall be free from demeaning treatment, the use of aversive techniques and the unreasonable use of restraints. When an intervention is needed to address a problem behavior, the types of intervention chosen for a particular student or eligible young child shall be the least intrusive necessary. The use of restraints is considered a measure of last resort, only to be used after other less restrictive measures, including de-escalation techniques, have been utilized.
The use of restraints to control the aggressive behavior of an individual student or eligible young child shall cause the Local Education Agency (LEA), including school districts and charter schools, to notify the parent of the use of restraint and shall cause a meeting of the IEP team within 10 school days of the inappropriate behavior causing the use of restraints, unless the parent, after written notification, agrees in writing to waive the meeting. At this meeting, the IEP team shall consider whether the student or eligible young child needs a functional behavior assessment (FBA), reevaluation, a new or revised positive behavior support plan or a change of placement to address the inappropriate behavior.
The use of restraints may only be included in a student's or eligible young Child's IEP when the following conditions apply:
1. The restraint is utilized with specific component elements of positive
behavior support.
2. The restraint is used in conjunction with the teaching of socially
acceptable alternative skills to replace problem behavior.
3. Staff are authorized to use the procedure and have received the staff
training required.
4. There is a plan in place for eliminating the use of restraint through
the application of positive behavior support.
Section 14.133(c) (5) requires LEAs to maintain and report data on the use of restraints as prescribed by the Secretary of Education. Data is to be entered on an on-going basis on the secure website, found at:
The Restraint Information System of Collection (RISC) has been enhanced since it's implementation in April 2009.
The most significant enhancement to the RISC system (resulting from input from LEAs) is that required data for RISC can now be entered into the system as of the date of the restraint. The report can then be saved as in process which will place the report in a temporary pending file for up to 15 calendar days. Following the completion of the IEP meeting or upon receipt of written parent consent to waive the IEP meeting, the report must be finalized and saved as completed in the RISC system. The RISC system will generate reminders of pending reports via e-mail to the LEAs designated contact. In addition, questions regarding any restraint will be received from the Bureau of Special Education staff on an on-going basis via e-mails from the RISC system. Year-end reports shall be reviewed during cyclical compliance monitoring conducted by the Department of Education. If no restraints are utilized during the school year, each LEA must go into the RISC system for purposes of no restraint use.
An updated Guideline document will be available on the PaTTAN website for your reference by October 1, 2009. The document will highlight all of the enhancements to the RISC system and any changes in data collection fields.
If you have questions about these requirements, please contact Elizabeth Zeisloft in the Bureau of Special Education at (717) 783-6894 or by e-mail at .
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