Boulder Valley School District

JKA

  • J
  • Students

File:   JKA (pdf)
Adopted:  April 22, 2003
Revised:  August 24, 2010 and April 24, 2018     


USE OF PHYSICAL INTERVENTION AND RESTRAINT

To maintain a safe learning environment, district employees may, within the scope of their employment and consistent with state law, use physical intervention and restraint with students in accordance with this policy and accompanying regulation.  Such actions shall not be considered child abuse or corporal punishment if performed in good faith and in compliance with this policy and accompanying regulation.

Physical intervention

Corporal punishment shall not be administered to any student by any district employee.

Within the scope of their employment, district employees may use reasonable and appropriate physical intervention with a student, that does not constitute restraint as defined by this policy, to accomplish the following:

  1. To quell a disturbance threatening physical injury to the student or others.
  2. To obtain possession of weapons or other dangerous objects upon or within the control of the student.
  3. For the purpose of self-defense.
  4. For the protection of persons against physical injury or to prevent the destruction of property which could lead to physical injury to the student or others.

Under no circumstances shall a student be physically held for more than five minutes unless the provisions regarding restraint contained in this policy and accompanying regulation are followed.

Restraint

For purposes of this policy and accompanying regulation, restraint is defined as any method or device used to involuntarily limit a student's freedom of movement, including but not limited to bodily physical force and seclusion. Restraint shall not include the holding of a student for less than five minutes by a district employee for the protection of the student or others and other actions excluded from the definition of restraint in state law.

District employees shall not use restraint as a punitive form of discipline or as a threat to control or gain compliance of a student's behavior.  District employees are also prohibited from restraining a student by use of a prone restraint, mechanical restraint or chemical restraint, as those terms are defined by applicable state law and this policy's accompanying regulation.
Restraint shall only be administered by district employees trained in accordance with applicable State Board of Education rules.

Exceptions

The prohibition on the use of mechanical or prone restraints in this policy and accompanying regulation shall not apply to:

  1. Certified peace officers or armed security offers working in a school and who meet the legal requirements of C.R.S. § 26-20-111(3); and
  2. When the student is openly displaying a deadly weapon, as defined in C.R.S. § 18-1-901(3)(e).

LEGAL REFS.:                                                                                                                                            
C.R.S. § 18-1-703 (use of physical force by those supervising minors)
C.R.S. § 18-1-901(3)(e)(definition of a deadly weapon)
C.R.S. § 18-6-401 (1) (definition of child abuse)                                                                                        
C.R.S. § 19-1-103 (1) (definition of abuse and neglect)                                                                            
C.R.S. § 22-32-109.1 (2)(a) (adoption and enforcement of discipline code)                                         
C.R.S. § 22-32-109.1 (2)(a)(I)(D) (policy required as part of safe schools plan)                                       
C.R.S. § 22-32-109.1 (2)(a)(I)(L) (policies for use of restraint and seclusion on students and information on process for filing a complaint regarding the use of restraint or seclusion shall be included in student conduct and discipline code)
C.R.S. § 22-32-109.1 (9) (immunity provisions in safe schools law)
C.R.S. § 22-32-147 (use of restraints on students)
C.R.S. § 26-20-101 et seq. (Protection of Persons from Restraint Act)                                                          
1 CCR 301-45 (State Board of Education rules for the Administration of the Protection of Persons from Restraint Act)

End of File: JKA