Chapter 103
The Iowa Department of Education (DE) adopted changes to the rules governing the corporal punishment ban, which are found in Iowa Administrative Code 281-Chapter 103. Specifically, the changes address the use of restraint, physical confinement, and detention by administrators and staff of public schools, accredited non-public schools, and area education agencies. These changes became effective November 12, 2008.
Below, ISEA Staff Counsel Christy Hickman answers frequently asked questions:
Do the revisions to Chapter 103 impact the commonly used before- and after-school seat detention or in-school suspension?
For the purposes of Chapter 103, physical confinement and detention is defined as "the confinement of a student in a time-out room or other enclosure, inside or outside the classroom, from which the student's coming and going is restricted." The DE has indicated that it was not the intent of the agency to restrict the use of before- or after-school seat detention or in-school suspension. The rules permit schools to impose "Reasonable periods of detention, not in excess of school hours, or brief periods of before- and after-school detention, in a seat, classroom, or other part of the school facility unless the detention is accomplished by the use of material restraints applied to the person."
What if restraint, physical confinement, or detention is included in an individualized education program (IEP)?
Restraint, physical confinement, and detention may be incorporated into an IEP as long as the IEP complies with Chapter 103. Under no circumstance may an IEP violate any restriction on restraint, physical confinement, or detention set forth in Chapter 103.
What restrictions are imposed upon the area and mode of confinement of a student?
The area of confinement and detention (such as a "time-out" room) must be of reasonable dimensions, free from hazards and dangerous objects or instruments, considering the age, size, and physical and mental condition of the student. The area must provide sufficient light, adequate ventilation, and a comfortable temperature. Any time-out room constructed with a locking mechanism must meet specific construction standards outlined in the rule. Material restraints are not to be used to effectuate confinement.
How long can a student be confined or detained?
The period of detention and confinement must be reasonable considering the student's age, size, and physical and mental condition and must not exceed the length of the school day plus a reasonable period for before- and after-school detention. If the period exceeds the shorter of 60 minutes or the school's typical class period, staff must evaluate the need for continued confinement, obtain an administrator's (or designee's) approval for any continued confinement, and comply with the administrator's orders regarding continued confinement. The administrator or designee is responsible for determining the length of confinement after the first 60 minutes or the duration of the class period. Staff must comply with orders regarding reevaluation and continuation of confinement. Matt Carver, SAI Report, November 2008, page 5 (quoting Thomas Mayes, Legal Consultant, Iowa Department of Education). Reasonable breaks must be provided to the student to attend to bodily needs (sleep is not a bodily need, according to the DE).
Is a staff member required to observe the confined student at all times?
No. During confinement there must be "adequate and continuous" adult supervision. According to Thomas Mayes, Legal Consultant, Bureau of Student and Family Support Services, Iowa Department of Education, this requirement does not require "non-stop, line-of-sight view of the student." SAI Report, November 2008, page 5. This requirement is met if an adult maintains an adequate proximity to the seclusion room to "readily detect changes in the student's status and respond with swiftness" and "periodic visual assessments" are made by staff.
Can restraint, physical confinement and detention be used for minor infractions?
No. Only after other disciplinary techniques have been attempted may these methods be used as discipline and only if reasonable under the circumstances.
Is training required for staff before they use restraint, physical confinement, or detention?
Yes. Before a school can implement the use of restraint, physical confinement, or detention, employees must be properly trained on Chapter 103, the employer's policies and procedures, positive behavior interventions and supports, disciplinary alternatives to seclusion and restraint, crisis prevention, crisis intervention, and crisis de-escalation techniques, student and staff debriefing, and the safe and effective use of physical restart and physical confinement and detention. This training must be adequate and periodic and must be documented.
What documentation and notice requirements must be met when a student is restrained, confined, or detained?
If restraint, confinement, or detention is used, it must be documented. Specific minimum information required for documentation is set out in the rule and must be covered during staff training. The school must attempt to notify the parent(s) or guardian of the student the same day the child is restrained, confined, or detained and the parent(s) or guardian must be provided a written copy of the documentation of the restraint, confinement, or detention postmarked within three days of the occurrence. This is true even if the restraint, physical confinement, or detention is incorporated into an IEP. SAI Report, November 2008, page 6 (quoting Thomas Mayes, Legal Consultant, Iowa Department of Education)
What restrictions are imposed upon the use of physical restraint?
Generally, any physical restraint must be "reasonable and necessary in duration, in light of the provisions of [Chapter 103]." A new rule added to Chapter 103 restricts the use of physical restraint as follows. The new rule bans the use of the prone restraint. The prone restraint is one in which the individual is held face down on the floor. If an employee becomes involved in such a restraint as the result of an emergency situation, he must take immediate action to end the prone restraint. The new rule also prohibits the use of any restraint that obstructs the airway of the student being restrained. Finally, if physical restraint is used on a student who uses sign language or an augmentative mode of communication as his or her primary mode of communication, the student must be allowed to have his hands free for brief periods, unless such freedom would result in harm to the student or others.
Do the amendments to Chapter 103 put school employees in greater danger of legal action related to physical contact or force?
Chapter 103 explicitly states that "Nothing in this rule shall be construed as limiting or eliminating any immunity conferred by Iowa Code section 280.21." Iowa Code section 280.21(2) provides:
A school employee who, in the reasonable course of the employee's employment responsibilities, comes into physical contact with a student shall be granted immunity from any civil or criminal liability which might otherwise be incurred or imposed as a result of such physical contact, if the physical contact is reasonable under the circumstances and involves the following:
a. Encouraging, supporting, or disciplining the student.
b. Protecting the employee, the student, or other students.
c. Obtaining possession of a weapon or other dangerous object within the student's control.
d. Protecting employee, student, or school property.
e. Quelling a disturbance or preventing an act threatening physical harm to any person.
f. Removing a disruptive student from class or any area of the school premises.
g. Preventing a student from the self-infliction of harm.
h. Self-defense.
i. Any other legitimate educational activity.
Although Chapter 103 may not change the immunities provided in Iowa Code section 280.21(2), it cannot be ignored that the DE has set a higher standard of practice for the use of restraint, physical confinement, and detention. The changes to Chapter 103 will certainly shape what is considered "reasonable under the circumstances." As such, it is highly important that administrators and staff are aware of these changes and comply with them in their districts.
Click here for additional guidance from the Iowa Department of Education.
