Administrative Rule Review Report  #AR11-064

Legislative Service Office

15-Nov-11

 

AGENCY:                                       Department of Education – State Superintendent

 

DATE SUBMITTED:                      11/10/2011

 

SUBJECT:                                        Chapter 42, Seclusion and Restraint.

 

NATURE OF RULES:                      Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 21-2-202(a)(xxxii) and 21-3-110(a)(xxx).

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of the new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date. 

 

SUMMARY OF RULES: The 61st Legislature enacted 2011 Wyo. Sess. Laws, Ch. 67, which created W.S. 21-2-202(a)(xxxii) and W.S. 21-3-110(a)(xxxi).  This provision requires the State Superintendent of Public Instruction ("State Superintendent") establish requirements for school district policies and training regarding the use of seclusion and restraint in schools and requires Wyoming School Districts ("districts") adopt policies and procedures in compliance with the requirements established by the State Superintendent.  The Chapter 42 rules and regulations are enacted in response to this legislation and govern the use of seclusion and restraint by all Wyoming school districts.        

 

The rules outline the necessary contents of the policies and procedures to be adopted by school districts and provide minimum requirements for such policies. The rules require schools to submit policies which mandate only trained, certified staff be permitted to engage in restraint of a student and require adoption of duration limits for restraint and isolation or seclusion from the learning environment.  In the case of restraint or isolation, the rules also require the policies enacted by districts include a provision for mandatory documentation of an incident and notification of the parents of the student involved.  In addition, the rules require that polices adopted provide for the training and professional development of staff in evidence-based techniques shown to be effective in the prevention of physical restraint and seclusion.  Lastly, there permanent rules require publication in some form to be addressed by the district and allows the Wyoming Department Education to collect information related to the use of seclusion and restraint on an incident and individual student basis.    

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                                        _______________________

                                                                        Tania Hytrek

                                                                        Staff Attorney

 

 

 

                                                                        _______________________

                                                                        Lynda G. Cook

                                                                        Staff Attorney

TSH/cj