Nevada § 394.369 - Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use in 1 school year

§ 394.369. Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use in 1 school year

1. Except as otherwise provided in subsection 2, mechanical restraint may be used

on a pupil with a disability only if: (a) An emergency exists that necessitates the use of mechanical restraint; (b) A medical order authorizing the use of mechanical restraint from the pupil's treating

physician or advanced practice registered nurse is included in the pupil's services

plan developed pursuant to 34 C.F.R. § 300.138 or the pupil's individualized education program, whichever is appropriate, before

the application of the mechanical restraint; (c) The physician or advanced practice registered nurse who signed the order required

pursuant to paragraph (b) or the attending physician or attending advanced practice

registered nurse examines the pupil as soon as practicable after the application of

the mechanical restraint; (d) The mechanical restraint is applied by a member of the staff of the private school

who is trained and qualified to apply mechanical restraint; (e) The pupil is given the opportunity to move and exercise the parts of his or her

body that are restrained at least 10 minutes per every 60 minutes of restraint, unless

otherwise prescribed by the physician or advanced practice registered nurse who signed

the order; (f) A member of the staff of the private school lessens or discontinues the restraint

every 15 minutes to determine whether the pupil will stop injury to himself or herself

without the use of the restraint; (g) The record of the pupil contains a notation that includes the time of day that

the restraint was lessened or discontinued pursuant to paragraph (f), the response

of the pupil and the response of the member of the staff of the private school who

applied the mechanical restraint; (h) A member of the staff of the private school continuously monitors the pupil during

the time that mechanical restraint is used on the pupil; and (i) The mechanical restraint is used only for the period that is necessary to contain

the behavior of the pupil so that the pupil is no longer an immediate threat of causing

physical injury to himself or herself. 2. Mechanical restraint may be used on a pupil with a disability and the provisions

of subsection 1 do not apply if the mechanical restraint is used to: (a) Treat the medical needs of the pupil; (b) Protect a pupil who is known to be at risk of injury to himself or herself because

he or she lacks coordination or suffers from frequent loss of consciousness; (c) Provide proper body alignment to a pupil; or (d) Position a pupil who has physical disabilities in a manner prescribed in the pupil's

service plan developed pursuant to 34 C.F.R. § 300.138 or the pupil's individualized education program, whichever is appropriate. 3. If mechanical restraint is used on a pupil with a disability in an emergency, the

use of the procedure must be reported in the pupil's cumulative record not later than

1 working day after the procedure is used. A copy of the report must be provided to the Superintendent, the administrator of

the private school, the pupil's individualized education program team, if applicable,

and the parent or guardian of the pupil. If the administrator of the private school determines that a denial of the pupil's

rights has occurred, the administrator shall submit a report to the Superintendent

in accordance with NRS 394.378 . 4. If a pupil with a disability has three reports of the use of mechanical restraint

in his or her record pursuant to subsection 3 in 1 school year, the private school

in which the pupil is enrolled shall review the circumstances of the use of the restraint

on the pupil and provide a report to the Superintendent on its findings. 5. If a pupil with a disability has five reports of the use of mechanical restraint

in his or her record pursuant to subsection 3 in 1 school year, the pupil's individualized

education program or the pupil's services plan, as applicable, must be reviewed in

accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil's individualized education program

or services plan has been reviewed, the private school and the parent or legal guardian

of the pupil shall include in the pupil's individualized education program or services

plan, as applicable, additional methods that are appropriate for the pupil to ensure

that the restraint does not continue, including, without limitation, mentoring, training,

a functional behavioral assessment, a positive behavior plan and positive behavioral

supports. 6. As used in this section, “individualized education program” has the meaning ascribed

to it in 20 U.S.C. § 1414(d)(1)(A) .