NEW ZEALAND GAZETTE, No. 89 — 1 SEPTEMBER 2017

Information for the Ministry of Education and the employer form

Appendix 3: Staff reflection form

Appendix 4: Debriefing form for staff involved in physical restraint incident

Appendix 5: Physical restraint debriefing form – parents or caregivers, student

Foreword

The Guidelines for Registered Schools in New Zealand on the use of Physical Restraint ("guidelines") are issued by the Secretary for Education under section 139AE of the Education Act 1989 ("Act"). They supplement the legislation relating to limits on the use of physical restraint and the prohibition of seclusion. They explain the legislation (sections 139AB to 139AE of the Act) and the associated Education (Physical Restraint) Rules 2017 ("rules").

Student and staff wellbeing is at the heart of these guidelines. Inclusive practices and a safe physical and emotional environment are of greatest importance for all students.

The guidelines have been issued under the legislation to help schools understand the legislation and follow it. They address the uncertainty staff experience when faced with a student exhibiting difficult behaviour that may escalate into a dangerous situation. The legislation requires all schools to have regard to these guidelines.

Information is provided on how to incorporate physical restraint into an Individual Behaviour Plan if necessary, and who to involve in the decision-making process, including parents and caregivers.

The guidelines direct staff to training in techniques for managing potentially dangerous situations and applying physical restraint safely, and describe how to debrief and report a situation involving physical restraint.

The guidelines also make it clear that under the legislation seclusion is prohibited and must not be used in New Zealand schools.

Developing the guidelines: expertise from throughout the sector

An advisory group from across the sector contributed to the development of the guidelines. The group included representatives from the Special Education Principals’ Association of New Zealand, New Zealand Principals’ Federation, New Zealand Educational Institute Te Riu Roa, New Zealand School Trustees Association, Secondary Principals’ Association of New Zealand, New Zealand Post Primary Teachers’ Association, Ministry of Health, High and Complex Needs Unit and the Ministry of Education.

The guidelines take into account current international research and directions, and relevant legislation and international conventions including the New Zealand Bill of Rights Act 1990, Education Act 1989, United Nations Convention on the Rights of the Child, United Nations Convention on the Rights of Persons with Disabilities, Vulnerable Children Act 2014, Health and Safety at Work Act 2015, and the Crimes Act 1961.

Guiding principles

These guidelines supplement the Act and rules and provide a resource to assist principals and boards, sponsors of partnership schools kura hourua, and managers of private schools understand their responsibilities under the legislation, and to support staff to safely manage potentially dangerous behaviour where the safety of students, staff, or any other person is threatened.

There are some fundamental principles on which the guidelines are built.

Principle 1: Physical restraint is a serious intervention. These guidelines aim to minimise the use of physical restraint.

Principle 2: If there is an alternative to physically restraining a student, use the alternative.

Principle 3: All schools are required to provide a safe physical and emotional environment for students and staff. Parents, students and the public have a legitimate expectation that the school environment will be a safe environment that supports learning.

Principle 4: The Education Act 1989 provides for the circumstances when teachers and authorised staff members may physically restrain a student. In exercising these powers, teachers and authorised staff members must act reasonably and proportionately in the circumstances to achieve a safe environment for students and staff.

Principle 5: Students’ rights are protected under the Bill of Rights Act 1990.

Legislation

What is physical restraint?

The Act defines physical restraint as using physical force to prevent, restrict, or subdue the movement of a student’s body or part of the student’s body.

Who can use physical restraint in schools?

Physical restraint can only be used by teachers or authorised staff members. Teachers are people employed in a