In United States public schools, the practices of restraint and seclusion are not regulated on the federal level. All but four of the 50 U.S. states have regulations on portions of these practices.

Practices

Poster protesting the school practices, relating to the death of Max Benson

Retraints are defined by the U.S. Department of Education as "a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely".[1]

Prone restraints are a practice where students are physically held, face-down, on the floor.[1]

Seclusion is defined by the Department of Education as "the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving".[1]

Legality by state

Although these practices are not regulated at the federal level, federal guidelines suggest these practices should never be used except if a student's behavior "poses imminent danger of serious physical harm to self or others".[1]

Connecticut

Restraint and seclusion are legal in Connecticut. The acts were recorded to have taken place tens of thousands of times per year for over a decade, especially to Black students and students with autism. A bill introduced in 2023, SB 1200, would replace seclusion with a time-out in an unlocked room and limit when restraint is allowed.[2][3]

Vermont

Prone restraints are permitted in Vermont, though strictly limited. In 2022, Harwood Union Unified School District put a temporary halt to the practice while a task force would examine the district's use of the tactics.[1]

Summary of state laws

State laws on seclusion and restraint:[4]

State laws Regulation against use Seclusion ban Prone restraint ban Mechanical restraint ban Chemical restraint ban
Alabama
 checkY Partial checkY Partial checkY checkY checkY
Alaska
 checkY Partial checkY Partial checkY checkY checkY
Arizona
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
Arkansas
 checkY Partial checkY Partial checkY checkY checkY
California
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
Colorado
 checkY Partial checkY Partial checkY[N 1] checkY checkY
Connecticut
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
Delaware
 checkY Partial checkY checkY checkY Partial checkY
District of Columbia
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
Florida
 checkY Partial checkY checkY Partial checkY checkY Partial
Georgia
 checkY checkY checkY checkY checkY
Hawaii
 checkY checkY checkY checkY checkY
Idaho
 ☒N ☒N ☒N ☒N ☒N
Illinois
 checkY Partial checkY Partial checkY checkY checkY
Indiana
 checkY Partial checkY Partial checkY Partial checkY checkY
Iowa
 checkY Partial checkY Partial checkY checkY checkY
Kansas
 checkY Partial checkY Partial checkY checkY checkY
Kentucky
 checkY Partial checkY Partial checkY checkY checkY
Louisiana
 checkY Partial checkY Partial checkY Partial checkY checkY Partial
Maine
 checkY Partial checkY Partial checkY checkY checkY
Maryland
 checkY Partial checkY Partial[N 2] checkY checkY checkY Partial
Massachusetts
 checkY checkY checkY checkY checkY
Michigan
 checkY Partial checkY Partial checkY checkY checkY
Minnesota
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
Mississippi
 checkY Partial checkY Partial checkY checkY checkY
Missouri
 checkY Partial checkY Partial checkY checkY Partial ☒N[N 3]
Montana
 checkY Partial checkY Partial checkY Partial checkY checkY Partial
Nebraska
 ☒N ☒N ☒N ☒N ☒N
Nevada
 checkY Partial checkY checkY Partial checkY Partial checkY Partial
New Hampshire
 checkY Partial checkY Partial checkY checkY checkY
New Jersey
 checkY Partial checkY Partial checkY Partial checkY Partial checkY Partial
New Mexico
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
New York
 checkY Partial checkY checkY Partial checkY Partial checkY Partial
North Carolina
 checkY Partial checkY Partial checkY Partial checkY Partial checkY Partial
North Dakota
[N 4] 		☒N ☒N ☒N ☒N ☒N
Ohio
 checkY Partial checkY Partial checkY checkY checkY
Oklahoma
 checkY Partial checkY Partial checkY checkY checkY
Oregon
 checkY Partial checkY Partial checkY checkY checkY
Pennsylvania
 checkY Partial checkY checkY checkY Partial checkY Partial
Rhode Island
 checkY Partial checkY Partial checkY Partial checkY Partial checkY
South Carolina
 ☒N ☒N ☒N ☒N ☒N
South Dakota
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
Tennessee
 checkY Partial checkY Partial checkY checkY checkY
Texas
 checkY Partial checkY Partial checkY checkY Partial checkY
Utah
 checkY Partial checkY Partial checkY checkY checkY
Vermont
 checkY Partial checkY Partial checkY checkY checkY
Virginia
 checkY Partial checkY Partial checkY checkY checkY
Washington
 checkY Partial checkY Partial checkY checkY Partial checkY Partial
West Virginia
 checkY Partial checkY checkY checkY checkY Partial
Wisconsin
 checkY Partial checkY Partial checkY Partial checkY checkY
Wyoming
 checkY Partial checkY Partial checkY checkY checkY Partial

References

Explanatory notes

  1. ^ Colorado is unique among states in defining prone restrains as lasting more than five minutes, unless it is in the prone position.[4]
  2. ^ Banned in public schools and limited in non-public schools.[4]
  3. ^ State officials "would not recommend" the use of chemical restraints, but have not banned the practice.[4]
  4. ^ A spokesperson for the North Dakota Department of Public Instruction stated: "North Dakota has no state laws or regulations about the use of restraint or seclusion in schools. The North Dakota Legislature has [repeatedly] declined to approve bills on this subject. ... [There is] a North Dakota School Boards Association suggested policy on restraint and seclusion which many of our school districts have adopted. The existence of the School Boards Association’s suggested policy on seclusion and restraint, and the fact that many districts have adopted it, has been used in the Legislature as a reason not to adopt a state law on the same subject. A School Boards Association manual that includes the suggested policy raises this point. 'One way to preserve local control of the restraint or seclusion policy is to demonstrate to lawmakers that North Dakota schools have, on their own, adopted restraint and seclusion policies that contain reasonable and practical protections for students and staff,' the statement says."[4]

Citations

  1. ^ a b c d e D'Auria, Peter (2022-09-19). "In one Vermont school district, the practice of physically restraining students has drawn scrutiny". VTDigger. Retrieved 2023-03-20.
  2. ^ Putterman, Alex (2023-03-15). "Parents, advocates speak against restraint, seclusion in CT". CT Insider. Retrieved 2023-03-20.
  3. ^ Putterman, Alex (2022-10-27). "'Major red flag': CT students restrained, secluded thousands of times". CT Insider. Retrieved 2023-03-20.
  4. ^ a b c d e "How often schools in your state reported restraint, seclusion use". Times Union. Retrieved 2023-03-20.
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