Use of physical restraint limited; notification; policies and procedures; training; review
HRS §302A-1141.4
in effect302A-1141.4. Use of physical restraint limited; notification; policies and procedures; training; review
(a) The use of physical restraint shall be prohibited in public schools unless a student's behavior poses an imminent danger of property damage or physical injury to the student, school personnel, or others and only for so long as the danger persists; provided that other less intrusive interventions have failed or been determined to be inappropriate for the student.
(b) No physical restraint may be imposed that
is life threatening, including physical restraint that may restrict breathing.
(c) The board shall establish a policy
regarding the use of restraint in public schools. The department shall
establish procedures to be followed after each incident involving the
imposition of restraint upon a student, including procedures to provide to the
parent or legal guardian of the student:
(1) An immediate verbal or electronic communication
on the same day as each incident; and
(2) Written notification within twenty-four hours of
each incident.
(d) All parents and legal guardians of
students shall receive, upon the student's entry into public school, written
information issued by the department about policies and procedures for
restraint. This written information shall include:
(1) A brief summary describing the training received
by public school staff in using restraint in facilities or programs;
(2) Information describing board policy;
(3) Information on the procedures for determining
when restraint can and cannot be properly used in public school settings;
(4) Definitions of restraint;
(5) Information on the procedural safeguards that are
in place to protect the rights of children and their parents or legal
guardians;
(6) A description of the alignment of policies and
procedures on restraint with applicable state laws or department rules;
(7) Information on the procedures for notifying
parents and legal guardians when restraint has been used with their child; and
(8) Information on the procedures for notifying
parents and legal guardians about any changes to policies and procedures on
restraint.
(e) The department shall make information
relating to policies and procedures available on the department's website.
(f) If policy or procedural changes related to
restraint are made during the school year, the department shall post the
changes on its website immediately.
(g) All public schools shall ensure that staff
who use restraint in facilities or programs are trained, recertified, or
trained and recertified on a periodic basis no less frequently than annually.
Training shall include:
(1) Evidence-based techniques shown to be effective
in the prevention of restraint;
(2) Evidence-based techniques shown to be effective
in keeping school personnel and students safe when imposing restraint;
(3) Evidence-based skills related to positive
behavioral supports and interventions, safe physical escort, conflict
prevention, understanding antecedents, de-escalation, and conflict management;
(4) A wide array of prevention and intervention
modalities; and
(5) Information describing state policies and
procedures that meet the minimum standards established by state statutes and
administrative rules.
(h) No less than annually, there shall be a
review of data on students at each public school who were restrained, which
shall be conducted as directed by each complex area superintendent. The review
shall determine whether:
(1) There are strategies in place to address the
students with dangerous behaviors at issue;
(2) The strategies in place are effective in
increasing appropriate behaviors of students with dangerous behaviors; and
(3) New strategies need to be developed or current
strategies need to be revised or changed to prevent the reoccurrence of
dangerous behaviors.
Patterns and trends in the data that are identified
by the review shall be reported to the department.
(i) Each public school shall maintain records
of its reviews of restraint data and any resulting decisions or actions
regarding the use of restraint.
(j) The department shall review policies and
procedures on the use of restraint, including by reviewing available data on
such use, outcomes, settings, individual staff involvement, and programs, and
the frequency of use for student populations categorized by: individual
students; groups of students; gender; race; national origin; disability status
and type of disability; and limited English proficiency, for the purposes of
determining:
(1) Whether policies for restraint are being applied
consistently;
(2) The accuracy and consistency with which restraint
data is being collected, as well as the extent to which this data is being used
to plan behavioral interventions and staff training;
(3) Whether policies and procedures are being
implemented with fidelity;
(4) Whether policies and procedures continue to
protect students; and
(5) Whether policies and procedures remain properly
aligned with applicable state statutes and administrative rules and consistent
with privacy laws.
(k) As used in this section:
"Behavior intervention plan" means a
proactive plan designed to address problem behaviors exhibited by a student in
the educational setting through the use of positive behavioral supports and
interventions.
"Chemical restraint" means a drug or
medication used on a student to control behavior or restrict freedom of
movement; provided that the term does not include a drug or medication that is:
(1) Prescribed by a licensed physician, or other
qualified health professional acting under the scope of the professional's
authority under state law, for the standard treatment of a student's medical or
psychiatric condition; and
(2) Administered as prescribed by a licensed
physician or other qualified health professional acting under the scope of the
professional's authority under state law.
"Emergency situation" means a
student's behavior that poses an imminent danger of property damage or physical
injury to the student, school personnel, or others and only for so long as the
danger persists.
"Mechanical restraint" means the use
of devices as a means of restricting a student's freedom of movement or the
ability to communicate in the student's primary language or mode of
communication.
"Physical restraint" means a personal
restriction, other than a chemical or mechanical restraint, that immobilizes or
reduces the ability of a student to move the student's arms, legs, or head
freely.
"Positive behavioral supports and
interventions" means a systematic approach to embed evidence-based
practices and data-driven decision-making to improve public school climate and
culture and includes a range of systemic and individualized strategies to
reinforce desired behaviors and diminish the reoccurrence of problem behaviors
in order to achieve improved academic and social outcomes and increase learning
for all students, including students with the most complex and intense
behavioral needs.
"Restraint" means:
(1) A mechanical restraint;
(2) A chemical restraint; or
(3) A physical restraint.
"Seclusion" means the confinement of
a student alone in a room or structure from which the student is physically
denied voluntary egress.
[L 2014, c 206, pt of §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-1141_0004.htmFetched: 11/10/2026