Students with Disabilities
7000 - Students
7619 USE OF TIME OUT ROOMS
Except as provided pursuant to 8 New York Code of Rules and Regulations (NYCRR) Section 200.22(c) as referenced below, the District shall not employ the use of time out rooms as a means of regulating student behavior.
Pursuant to Commissioner's Regulations, a time out room is defined "as an area for a student to safely deescalate, regain control and prepare to meet expectations to return to his/her education program." If a time out room is to be used, it must be used in conjunction with a behavioral intervention plan (that is designed to teach and reinforce alternative appropriate behaviors) in which a student is removed to a supervised area in order to facilitate self-control or when it is necessary to remove a student from a potentially dangerous situation and for unanticipated situations that pose an immediate concern for the physical safety of a student or others.
The District has adopted and implemented the following policy and procedures governing school use of time out rooms as part its behavior management approach consistent with Commissioner's Regulations, including the physical and monitoring requirements, parental rights and individualized education program (IEP) requirements for students with disabilities.
The use of time out rooms shall be governed by the following rules and standards:
- The District prohibits placing a student in a locked room or space or in a room where the student cannot be continuously observed and supervised. The time out room shall be unlocked and the door must be able to be opened from the inside. The use of locked rooms or spaces for purposes of time out or emergency interventions is prohibited.
Under no circumstances shall a time out room in a school program be used for seclusion of the student, where the term "seclusion" is interpreted to mean placing a student in a locked room or space or in a room where the student is not continuously observed and supervised.
- A student's IEP shall specify when a behavioral intervention plan includes the use of a time out room for a student with a disability, including the maximum amount of time a student will need to be in a time out room as a behavioral consequence as determined on an individual basis in consideration of the student's age and individual needs.
- Staff training on the policies and procedures related to the use of time out rooms shall include, but not be limited to, the following measures:
- The Director of Special Education shall be responsible to the Superintendent for establishing administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Commissioner's Regulations relating to the use of time out rooms, including members of the Committee on Special Education (CSE) and Committee on Preschool Special Education (CPSE).
- Data collection to monitor the effectiveness of the use of time out rooms:
Such data collection should appropriately include, but is not limited to, the following information:
- A record for each student showing the date and time of each use of the time out room;
- A detailed account of the antecedent conditions/specific behavior that led to the use of the time out room;
- The amount of time that the student was in the time out room; and
- Information to monitor the effectiveness of the use of the time out room to decrease specified behaviors which resulted in the student being placed in the room.
- Information to be provided to parents.
Additionally, parents should be notified if their child was placed in a time out room. Minimally, whenever a time out room is used as an emergency intervention pursuant to Commissioner's Regulations Section 200.22(d), the parent shall be notified of the emergency intervention. Such notification will be provided the same day whenever possible.
The parent is a member of the CSE and the use of a time out room must be included on the student's IEP. The parent receives prior notice as to the recommendations on a student's IEP and may request due process in the event the parent does not agree with the CSE recommendations.
Parent reports of alleged inappropriate interventions used in a time out room should be directed to school administrators.
Physical Space Used as a Time Out Room
The physical space used as a time out room must meet certain standards.
- The room shall provide a means for continuous visual and auditory monitoring of the student.
- The room shall be of adequate width, length and height to allow the student to move about and recline comfortably.
- Wall and floor coverings should be designed to prevent injury to the student, and there shall be adequate lighting and ventilation.
- The temperature of the room shall be within the normal comfort range and consistent with the rest of the building.
- The room shall be clean and free of objects and fixtures that could be potentially dangerous to a student and shall meet all local fire and safety codes.
8 New York Code of Rules and Regulations (NYCRR) Sections 19.5, 200.1, 200.4, 200.7, 200.22, and 201.2
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