Policy No. 3120 Student Restorative Discipline

Definition

A. Restorative Discipline: the discipline of student behavior where interpersonal relationships, personal dignity, mutual respect, understanding, conferencing, and restitution are the disciplinary strategies instead of punishment and retribution.

B. Multi-Tiered Systems of Supports: a framework for academic and behavioral concerns. The premise behind MTSS is that academic and behavioral problems are addressed through a systematic problem-solving model. This model includes a primary, secondary, and tertiary support system that increases in the intensity of intervention.

C. Emergency Safety Interventions: the use of seclusionary time out or physical restraint when a student presents an immediate danger to self or others Utah Compilation of School Discipline Laws and Regulations R277-609-2.(3)(a)

D. Physical Restraint: a personal restriction that immobilizes or significantly reduces the ability of a student to move the student’s torso, arms, legs, or head freely. The length of the restraint and the amount of force used should be for the shortest duration and the least amount necessary to diffuse the emergency situation and ensure the safety of the student(s) and others. The use of prone, or face-down physical restraint; supine, or face-up physical restraint; physical restraint that obstructs the airway of a student; or any physical restraint that impacts a student’s primary mode of communication is strictly prohibited. Utah Compilation of School Discipline Laws and Regulations 53G-8-301.3

E. Seclusionary Time Out: is the involuntary confinement of a student alone in an enclosed room when a student is prevented from leaving. USBE Least Restrictive Behavioral Interventions and Utah Compilation of School Discipline Laws and Regulations R392-200 and R710-4

Seclusionary time out, when used with a student, means all the following conditions are met: The student is placed in a safe enclosed area by school personnel;

1. The student is purposefully isolated from adults and peers;
2. The student is prevented from leaving, or the student reasonably believes that the student will be prevented from leaving, the enclosed area.

F. Physical Escort: Physical escort is an intervention that “…limit(s) a person’s movement by using body contact,” and is, therefore, a conditional procedure. Several physical escorting procedures may be effectively used depending on:

1. The program goals and objectives,
2. The age of the student 
3. The physical size and strength of the student,
4. The physical size and strength of the staff member(s), and
5. The student’s behavioral and emotional history. 

Physical escort is only done when safety is a concern. Physical escorts are categorized by their level of intrusiveness. The following types of physical escorting procedures may be used as part of a comprehensive program plan and are part of the annual Therapeutic Intervention and Manual Restrain in service training:

1. Touch prompt to the back or shoulder (not regulated, but part of the hierarchy)
2. Physical Guidance
3. Physical Escort-Only allowed if trained by the Intensive Student Behavior Team. 

Administrative Regulation

A. MTSS Framework

In order to maintain a safe, positive, and inclusive learning environment, each school principal shall work cooperatively with faculty members, parents, and students to establish safety measures, quality instruction, maintenance of relationships, and maintain a clean, well-maintained school environment. Principals will be required to identify how their respective schools’ restorative disciplinary measures operate within an MTSSframework. Individual teachers will be responsible for maintaining high-quality positive behavior supports and instructional control in their classes and extracurricular assignments. All staff members will assist in maintaining discipline in other areas of the building and school grounds.

B. Safe Learning Environment

Teachers and other staff members will promote a safe learning environment for a continuum of student learners by establishing rapport with students and demonstrating qualities of honesty, fairness, and consistency in their dealings. Teachers are expected to help students develop and maintain respect for themselves, for others, and for school property. Teachers are expected to define clear expectations for the following domains of classroom behavior:

1. The amount of movement required for an instructional activity.
2. The types of conversations for the instructional activity.
3. How to ask for help during the instructional activity.
4. Definitions of what participation in the instructional activity looks like.

C. Instruction Teachers will maintain effective control of the instructional situation in order to provide optimum learning opportunities for all students. It is the responsibility of the teacher to plan lessons carefully and engage in instructional activities that further student interest and engagement. It is the responsibility of the teacher to adopt a positive behavior support system in their respective classroom where explicit classroom behavioral expectations are reviewed and reinforced regularly. 

D. Principals Principals will work with faculty members to develop school-wide positive behavior supports where explicit school-wide behavioral expectations are reviewed and reinforced regularly.

E. Restorative Discipline Procedures

1. In situations where student behavior becomes disruptive to the extent that it interferes with the learning and teaching process, the principal or teacher may utilize reasonable restorative discipline procedures.
2. Student disciplinary action must be consistent with established state rules and regulations consistent with those rules and regulations found in the Utah State Board of Education (USBE) Special Education Rules.
3. No employee may inflict cruel or irresponsible punishment upon a student or exercise other liberties prohibited by statutory law including any form of corporal punishment as defined under §53A-11-801(2) of the Utah Code (If outside of Utah, find the related code).
4. Students requiring discipline are to be dealt with in a professional and objective manner, without undue emotional displays.
5. All student discipline must incorporate a restorative component fostering belonging over exclusion, social engagement over control, and meaningful accountability over punishment.

F. Physical Restraint, Seclusionary Time Out, and Physical Escort

1. When student behavior becomes disruptive to the extent that immediate measures must be taken to avoid personal injury or abuse to themselves or others, teachers, acting en loco parentis, may use emergency safety interventions; physically restrain to control the student or students involved or use seclusionary time out. See Cache County School District ISB Procedures.
2. Physical Restraint, Physical Escort and Seclusionary Time Out in Cache County School District will follow these explicit steps:
   • Physical restraint, physical escort, and seclusionary time out initiation can only be provided by trained faculty and/or staff when student behavior has been deemed a real, immediate, and capable threat to student(s), faculty, and/or staff.
   • Release Criteria: Physical restraint, physical escort, and seclusionary time out duration must be terminated:
     • After the minimum time necessary to ensure safety or
     • When the student is no longer a real, immediate, and capable threat to self, students, faculty, and staff.
   • If a public education employee engages in physical restraint or physical escort of a student or the use of seclusionary time out, the employee shall immediately notify:
     • the student’s parent or guardian; and
     • school administration 
   • If the student is eligible for special education, the director of special education must be notified as well. e. In a reasonable amount of time following the use of physical restraint, physical escort, or seclusionary time out, a formal process for debriefing the faculty and staff will take place in an effort to address any concerns on behalf of the employees involved as well as procedures to help prevent the need for physical restraint again for the involved student.

6. Supervision

Teachers will provide adequate supervision and structure in their classes and during assigned extracurricular assignments.

H. Modeling Behavior

Teachers have the responsibility to set and maintain high standards of behavior and act as role models to their students.

I. Continuum of Interventions

Cache County School District will continue to develop, use, and monitor a continuum of intervention strategies and restorative discipline to assist students, including students whose behavior in school falls repeatedly short of reasonable expectations, by

1. teaching student behavior expectations,
2. re-teaching behavior expectations,
3. enlist effective, evidence-based interventions matched to student needs prior to an administrative referral.

Legal References:

Utah Code §53A-11-801(2)

Utah Compilation of School Discipline Laws and Regulations R277-609-2.(3)(a)

Utah Compilation of School Discipline Laws and Regulations 53G-8-301.3

USBE Least Restrictive Behavioral Interventions and Utah Compilation of School Discipline Laws and Regulations R392-200 and R710-4

Synopsis:

The Board recognizes that effective discipline is carried out within a restorative model wherein student interpersonal relationships, personal dignity, mutual respect, understanding, and restitution are the top priorities. The Board also recognizes that a restorative model of discipline must be included in a Multi-Tiered System of Supports (MTSS) for students. The Board, therefore, delegates to the District Administration responsibility for establishing regulations for staff responsibility in restorative discipline for enrolled students.

Approved by the Board of Education: August 22, 2019. Last Reviewed: May 7,2020. Last Revised May 7, 2020.

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