NRS388.5275. Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

      1.  Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

      (a) An emergency exists that necessitates the use of physical restraint;

      (b) The physical 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 the pupil or to others or causing severe property damage; and

      (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

      2.  Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

      (a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if the pupil’s resistance is minimal in intensity and duration;

      (b) Escort or carry the pupil to safety if the pupil is in danger in his or her present location; or

      (c) Conduct medical examinations or treatments on the pupil that are necessary.

      3.  If physical 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 and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.5315.

      4.  If a pupil with a disability has three reports of the use of physical restraint in his or her record pursuant subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report to the school district on its findings.

      5.  If a pupil with a disability has five reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program 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 physical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program 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.

      (Added to NRS by 1999, 3238; A 2009, 918)