RSA 126-U:8 · Review of Restraint Records by Department of Education

126-U:8 Review of Restraint Records by Department of Education. –

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I.

The state board of education shall adopt rules, pursuant to RSA 541-A, relative to:

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(a)

Periodic, regular review by the department of education of records maintained by schools relative to the use of seclusion and restraint.

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(b)

A process for the department of education's receipt of complaints and its conduct of investigations of improper use of seclusion and restraint in schools. The process shall provide for:

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(1)

Investigation of complaints regarding any violation of this chapter, regardless of whether injury results.

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(2)

Investigation by persons not affiliated with the school district which is the subject of the complaint.

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(3)

Resolution of complaints and completion of investigations within 30 days, with provision for limited extensions for good cause.

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(4)

Protection of children before and after completion of the investigation.

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(5)

Appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of this chapter.

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II.

Beginning November 1, 2010, and each November 1 thereafter, the state board of education shall provide an annual report to the chairpersons of the education committees of the senate and house of representatives regarding the use of seclusion and restraint in schools. The annual report shall be prepared from the periodic, regular review of such records, and shall include the number and location of reported incidents and the status of any outstanding investigations. Source. 2010, 375:2. 2014, 324:8, eff. Sept. 30, 2014.

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