Skip To Main Content

Logo Image

Logo Title

FCC-AP: Physical Intervention and Crisis Prevention

Any physical intervention shall be implemented in a nondiscriminatory manner.  Interventions authorized by this policy may be applied to any learner enrolled in the West Fargo Public Schools so long as such interventions are implemented in compliance with this policy.  

Definitions

For the purposes of this policy:

  • Dangerous behavior is behavior that may immediately result or has resulted, in harm to that person or other persons or behavior that has or may immediately result in extensive or extreme damage to property[1].
  • Chemical restraint is a medication used to control behavior or restrict freedom of movement that is not a standard treatment for the learner’s medical or psychological condition. Chemical restraints are prohibited in West Fargo Public Schools unless explicitly authorized and approved in writing by the parent/guardian of the learner. 
  • Mechanical restraint is any device or object used to restrict or limit a learner’s body movement or any normal function of any portion of their body to prevent or manage dangerous behavior.  Mechanical restraints are prohibited in West Fargo Public Schools unless explicitly authorized and approved in writing by the parent/guardian of the learner.  Mechanical restraints do not include devices used by trained school personnel or by learners themselves for approved therapeutic or safety purposes for which devices were designed and, if applicable, prescribed.
  • Physical escort is the temporary touching or holding of a learner on the arm, waist, hip, or back to move or induce movement of a learner away from an unsafe situation or towards a safer environment.  
  • Physical restraint is the use of physical intervention intended to hold a learner immobile or limit a learner’s movement by using body contact as the only source of restraint to deescalate dangerous behavior. This definition excludes physical prompts and physically escorting a learner so long as the physical prompt/escort does not render any part of the learner’s body immobile. 
  • Behavioral intervention strategies shall not be construed to mean a name-brand method of identifying and assessing learners potentially in need of a behavioral intervention plan. Under this policy, it is defined as methods used to identify learners who exhibited past incidents of dangerous behavior or exhibit the potential to engage in such behavior in the future.  The District Behavior Specialist shall determine the appropriate scope and method of conducting a needs assessment for the implementation of behavioral intervention strategies under this policy and should document the completion of this assessment.  
  • Seclusion is placing a learner in a room or limited space alone with a closed door separating staff from the learner to deescalate dangerous behavior.  This definition excludes disciplinary sanctions designed to penalize learners by separating them from the learner population (such as, but not limited to, detention and in-school suspension), alternative placement (which is often used to separate the learner from the learner population for safety reasons), or the use of a temporary physical barrier to prevent injury to others during a crisis. The use of a temporary physical barrier meets the criteria of seclusion if it is touching a wall or semi-permanent vertical structure on at least two sides enclosing a learner. 
  • Temporary physical barrier refers to a cushioned divider that may be used to prevent injury when a learner is engaging in dangerous behavior without the use of a hands-on procedure (e.g., physical restraint). This procedure allows for continued monitoring and physical/visual access while protecting staff.  
  • Timeout is a behavior intervention strategy that occurs when the ability of a learner to receive normal reinforcement in the environment is restricted. Timeout may be inclusionary (where the learner remains in sight and sound of others in the classroom) or exclusionary (where the learner leaves the learning environment and goes to another location but is not isolated and prevented from leaving).  Timeouts are not a form of seclusion. 

Behavioral Intervention Strategies 

To minimize the need for physical restraint to respond to dangerous behavior, the District shall use behavioral intervention strategies to the extent possible.  To implement behavioral intervention strategies the District shall at least take the following steps: 

  1. Conduct a school-wide screening of learners in need of behavioral intervention strategies because of past incident(s) of dangerous behavior or the potential to engage in such behavior in the future; and 
  2. Train staff on identifying the need for behavioral intervention strategies and on implementing these interventions once established; and 
  3. Develop a behavioral intervention plan (BIP) for identified learners.  This plan should at least identify environmental triggers that cause the learner to engage in dangerous behavior, include procedures for diminishing or removing such environmental factors, list interventions that will be used to maintain appropriate behavior and respond to inappropriate behavior, and contain an overview of self-regulating techniques on which the learner will be trained; and 
  4. Involve parents in the development of the BIP and receive their consent on the document.  In the case of learners with disabilities, behavior intervention strategies, if necessary, should be addressed in the IEP or 504 Plan. 

Restrictions and Prohibitions

The West Fargo School District restricts district employees, contractors, volunteers, and other individuals serving or working in any capacity for the District (hereafter district staff) from use of any form of restraint and/or seclusion on learners except when the following conditions are met and then only in compliance with this policy:  An emergency necessitates the use of physical restraint or seclusion to manage dangerous behavior which may immediately result, or has resulted, in harm to that person or other persons or to control behavior that has or may immediately result in extreme or extensive damage to property.[2] 

The District further prohibits district staff from the following: 

  1. Using restraint or seclusion to discipline a learner 

  2. Using restraint or seclusion as a behavioral intervention when: 

    • Behavior does not pose an immediate risk of harm or has not resulted in harm to the learner or others  

    • Behavior does not pose an immediate risk of extensive or extreme damage to property [3], 

  3. Using mechanical restraints unless explicitly authorized in writing by the learner’s parent/guardian. 

  4. Using chemical restraints unless explicitly authorized in writing by the learner’s parent/guardian and as part of a medication regimen prescribed by a physician. 

  5. Using a physical restraint or seclusion technique that restricts breathing (e.g., face-down on the floor).

  6. Using a restraint technique that will knowingly cause harm to a child.  An exception to this provision may be warranted if a district staff member is attempting to obtain possession of a weapon or other dangerous object within the control of a learner, is attempting to stop a physical altercation between the learner and another individual, or is acting in self-defense and inadvertently causes harm to the learner in the process.  Administration shall investigate any time a learner was harmed during restraint or seclusion to determine the appropriateness of the intervention technique under the circumstances. 

  7. Using a restraint or seclusion procedure for longer than when the dangerous behavior has subsided. 

  8. Using a seclusion procedure in which the learner does not have enough space to stand, sit, lay down, and move their limbs freely. 

Determining Appropriate Interventions when Need for Intervention is Unforeseeable

When a learner engages in unforeseen dangerous behavior (i.e., dangerous behavior not covered by the BIP, IEP, or 504 Plan), staff members may respond with reasonable actions that are appropriate given the age of the child and their needs when determining the intervention method, and shall take necessary measures to ensure the safety of the learner.  Interventions are subject to administrator notification and reporting requirements contained in this policy. 

Learners engaged in unforeseen dangerous behavior shall be reviewed to determine the need for a BIP, IEP, or 504 Plan. West Fargo Public Schools staff members may take reasonable action to prevent harm during these unforeseeable situations.  

Staff Training

Within the first 30 school calendar days of each school year, the principal of each school shall provide all program staff (teachers and paraprofessionals) with training on this policy. Additionally, for all new school employees that are hired after the start of the school year, the principal shall within the first 30 school calendar days of their employment provide the new employees with training on this policy.  

The training shall consist of the following:

  1. This policy and related procedures and guidelines developed by the District,  
  2. Interventions that may preclude the need for physical intervention including de-escalation of problematic behaviors, 
  3. Types of restraints and related safety considerations, including information regarding the increased risk of injury to a learner when an extended restraint is used, 
  4. Administering physical intervention procedures in accordance with known medical or psychological limitations and/or behavioral intervention plans applicable to an individual learner, and  
  5. Identification of program staff who have received in-depth training in the use of physical intervention procedures.  

The District shall provide training to appropriate staff in physical restraint and seclusion and shall at least provide a copy of this policy to all district staff.  Only trained staff members should implement physical interventions. At the beginning of each school year, the principal of each school shall identify one of the district trainers who are authorized to serve as a school-wide resource to assist in ensuring proper administration of physical restraint. The content of the in-depth training shall include, but not be limited to:  

  1. Appropriate procedures for preventing the need for physical restraint, including the de-escalation of problematic behavior, relationship building and the use of alternatives to restraint,
  2. Description and identification of dangerous behaviors on the part of students that may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations to determine whether the use of restraint is warranted,
  3. The simulated experience of administering and receiving physical restraint, instruction regarding the effect(s) on the person restrained, including instruction on monitoring physical signs of distress, and obtaining medical assistance,
  4. Instruction regarding documentation and reporting requirements and investigation of injuries and complaints, and
  5. Demonstration by participants of proficiency in administering restraint procedures.

If a trained staff member is unavailable in situations necessitating the use of restraint or seclusion as defined by this policy, the untrained staff member should contact a trained staff member to seek assistance.  If the urgency of the situation prohibits contacting a trained staff member for assistance, the untrained staff member shall implement physical restraint or seclusion interventions in compliance with all prohibitions contained in this policy and in the BIP/IEP/504 Plan (if the staff member is aware of the contents of such plan, if such plan exists).  Staff administering a physical intervention under these circumstances are subject to administrator notification and reporting requirements contained in this policy.  The building administrator shall ensure that the staff member is debriefed after the incident and arrange for the staff member to receive training on physical restraint and seclusion if deemed appropriate. 

Documentation, Notification, & Re-Evaluation

Whenever any learner is placed in seclusion or is restrained, the intervening staff member shall ensure the following reporting requirements are met. Documentation of all physical interventions is necessary to support learners and building responses.  

  1. The building principal or administrative designee will be notified of all instances of physical restraint or seclusion as soon as possible and no later than the close of the school day in which the restraint or seclusion was administered. 

  2. A written report shall be completed and submitted via the online documentation system no later than two working days after the restraint or seclusion was administered. 

  3. West Fargo Public Schools shall maintain a record of all reported instances of physical restraint and seclusion for a minimum of three years. The principal of the school and/or administrative designee, the Office of the Superintendent and Assistant Superintendents, and other designed individuals will have ongoing access to this record. 

  4. The principal or administrative designee shall verbally inform the learner’s parent/guardian of any physical restraint/seclusion as soon as possible and provide a written notification no later than three school working days following the use of physical restraint/seclusion. If parents cannot be reached, the administrator should document a description of their notification attempts. 

  5. The Office of the Superintendent or designee will receive notification from the online documentation system when a restraint has resulted in serious injury to a learner or staff member, or when a restraint has been administered for longer than 20 minutes and/or any instance of seclusion. 

At an appropriate time after a student has been released from the restraint/seclusion procedure, the school shall implement the follow-up procedure set forth below:

  1. Review the incident with the learner to address the behavior that precipitated the restricted intervention. 

  2. Review the incident with school personnel who administered the restraint/seclusion procedure to discuss whether proper procedures were followed. 

  3. Consider whether any follow-up is appropriate for the learners who witnessed the incident. 

  4. Documentation of these debriefings will be maintained by the building principal or administrative designee. 

Informal and Formal Processes for Concerns Regarding the Use of Physical Restraint or Seclusion

Informal Resolution of Concern about the Use of Physical Restraint or Seclusion

Before initiating a formal complaint procedure, a learner or their parent/guardian who has concerns regarding the specific use of physical restraint or seclusion may seek to resolve their concerns by raising the issue with the principal of the school. The learner and/or their parent/guardian should direct their concerns regarding a specific use of physical restraint or seclusion to the principal within ten (10) days of the parent/guardian’s receipt of the written notification from the school. The principal shall attempt, within their authority, to work with the individual to resolve the complaint fairly and expeditiously. If the learner and/or their parent/guardian are not satisfied with the resolution, or if the learner and/or their parent/guardian do not choose an informal resolution, then the learner and/or their parent/guardian may proceed with the formal complaint process. 

Formal Resolution of Concern About use of Physical Restraint or Seclusion

A learner or their parent/guardian, who has concerns regarding a specific use of physical restraint or seclusion, may seek to resolve their concerns regarding a specific use of a physical restraint or seclusion by submitting a written complaint to the Office of the Superintendent. The learner and/or their parent/guardian must submit this letter to the Office of the Superintendent within twenty (20) days of the parent/guardian’s receipt of the written notification from the school. The written complaint shall include: 

a. The name of the learner, 

b. The name of the school where the physical restraint or seclusion allegedly occurred, 

c. The name of the individuals involved in the alleged physical restraint or seclusion procedure, 

d. The basis of the complaint or concern and, 

e. The corrective action being sought. 

The Office of the Superintendent, through its designees, shall investigate the complaint promptly after receiving the complaint. During the investigation, the Office of the Superintendent and/or its designees shall contact those individuals who have been referred to as having pertinent information related to the complaint. Strict timelines cannot be set for investigating because each set of circumstances is different. The Office of the Superintendent and/or its designees will make sure that the complaint is handled as quickly as feasible. After completing the formal investigation, the Office of the Superintendent shall contact the individual who filed the complaint regarding the outcome of its investigation and its determination as to whether any corrective action is warranted. 

Other Complaint Processes Also Available

It is noted that the provisions of this section do not preclude a learner from using the complaint process outlined in West Fargo Public Schools “Harassment and Sexual Harassment Policy” to seek resolution of the complaints of discrimination or harassment that is based on a characteristic protected by law such as sex, race, color, ancestry, national origin, ethnicity, religion, age, disability, marital status or sexual orientation. It is also noted that the provisions of this section do not preclude a learner from using the complaint process outlined in Parental Rights for Public School Learners Receiving Special Education Services Notice of Procedural Safeguards to seek resolution of any complaints regarding a learner’s deprivation of rights.  

Adopted: 01/19/16
Reviewed:
Revised: 08/04/20, 01/28/25

[1] This supersedes the state standard for use of restraint or seclusion on the developmentally disabled.
[2] This may supersede the state standard for use of restraint or seclusion on the developmentally disabled.
[3] This may supersede the state standard for use of restraint or seclusion on the developmentally disabled.