388.528 - Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.
388.528 Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.
1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:
(a) An emergency exists that necessitates the use of mechanical restraint;
(b) A medical order authorizing the use of mechanical restraint from the pupil’s treating physician is included in the pupil’s individualized education program before the application of the mechanical restraint;
(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable after the application of the mechanical restraint;
(d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;
(e) The pupil is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician who signed the order;
(f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop injury to himself or herself without the use of the restraint;
(g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the school who applied the mechanical restraint;
(h) A member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and
(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or herself.
2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:
(a) Treat the medical needs of the pupil;
(b) Protect a pupil who is known to be at risk of injury to himself or herself because he or she lacks coordination or suffers from frequent loss of consciousness;
(c) Provide proper body alignment to a pupil; or
(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.
3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.5315.
4. If a pupil with a disability has three reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report of its findings to the school district.
5. If a pupil with a disability has five reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.
(Added to NRS by 1999, 3238; A 2009, 919)