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Restraint and seclusion: documentation and notification

By the IEP Atlas editorial teamLast updated

Short answer

There is no single federal law that sets restraint and seclusion notification rules for schools. States set them, and districts add policy. Most state rules require that parents be told the same day or soon after, that staff write a report within a set time, and that the team debrief and review the student's plan after repeated use. Check your state law and district policy.

This page is general information about how documentation and notification usually work. It is not guidance on any specific incident, and it does not describe what any one state requires. Rules on restraint and seclusion differ a great deal from state to state, and districts often add their own policy on top. Your state education agency's regulations and your district's written policy are the documents that apply.

The safest use of restraint and seclusion is the least use. Schools that invest in behavior assessment, de-escalation and crisis prevention plans need these responses rarely. For that work, see the FBA and BIP guide and the behavior crisis plan template.

Where the rules come from

IDEA. The federal special education law does not contain a rule on restraint or seclusion. It does require the IEP team to consider positive behavioral interventions and supports when a student's behavior impedes learning.[1] Repeated use of restraint or seclusion is strong evidence that the behavior impedes learning, and that the IEP needs review.

Civil rights laws. Section 504 and Title II of the ADA prohibit discrimination on the basis of disability in public schools.[2][3] The U.S. Department of Education's Office for Civil Rights enforces these laws, and the use of restraint or seclusion can raise civil rights questions, for example when it is used differently for students with disabilities. The Department's 2012 resource document sets out 15 principles, including that restraint and seclusion be used only when behavior poses imminent danger of serious physical harm, never as punishment, and that parents be told promptly after each use.[6]

State law and regulation. Most states have statutes, regulations or binding policy on restraint and seclusion in schools. These set the definitions, when the practices are allowed or banned, training requirements, and the documentation and notification steps.

District policy. Districts write procedures and forms to carry out state rules. They often add details such as who completes the report, internal timelines and the approved training program.

Records. Incident documentation about a student is generally part of the student's education records, and FERPA gives parents the right to inspect and review those records.[4]

Common terms

States define these terms in their own words, and the definitions control what must be reported. The general meanings below are for orientation only.

TermGeneral meaningWhat to check in your state's rules
Physical restraintStaff restrict a student's ability to move freely, using their bodiesWhat counts as a brief hold or escort that is not reportable
Mechanical restraintA device used to restrict movementWhether it is banned, and exceptions such as seat belts on buses
Chemical restraintA drug used to control behavior, not prescribed treatmentUsually banned in schools
SeclusionA student is confined alone in a room or area they cannot leaveHow it differs from a break or a timeout the student can leave
Imminent dangerThe threshold for using restraint or seclusionThe exact words and examples

The glossary entry on restraint and seclusion gives a short definition.

Scenario: one incident and what follows it

The student, school and policy details below are fictional. The timelines are an example of one district's policy, not a statement of any state's law.

Tuesday, February 4, 1:12 p.m. Kayla, a 5th grader with an IEP and a crisis plan, runs from the classroom toward the parking lot exit. Two staff follow, keeping her in sight. At the door to the lot, she turns and begins hitting a staff member with a metal water bottle. A trained staff member uses a district-approved standing hold for 2 minutes and 10 seconds, ending it as soon as she drops the bottle and stops hitting.

1:20 p.m. The nurse checks Kayla and the staff member. No injuries.

1:45 p.m. The principal calls Kayla's mother and tells her what happened, how long the hold lasted, how it ended, and that Kayla is calm and back in class. In this district, policy requires a verbal notice the same day.

Wednesday, February 5. The staff member who used the hold completes the district's restraint report form. It records the antecedent, the behavior, de-escalation steps tried first, the type and length of the hold, who was present, injuries, and the time the parent was told. A copy goes to the parent. District policy here requires the written report within 1 school day and a copy to the parent within 3.

Friday, February 7. The staff involved debrief with the case manager and school psychologist. They review the early warning signs, which steps were used, and what could prevent a repeat. They note this is Kayla's second restraint in 6 weeks.

February 14. Under district policy, a second restraint within 30 days triggers an IEP team meeting. The team reviews the FBA, updates the BIP to add a planned movement break before the last block of the day, and adds a goal for using the calm space. The parent attends and adds information about sleep problems at home.

March to May. Data show 0 further restraints. Elopement attempts drop from 4 in January to 1 in March.

Typical parts of a documentation and notification process

The table lists the parts most state rules and district policies address. The right column flags what varies.

PartWhat it usually involvesWhere states and districts differ
Permitted useOnly when there is imminent risk of serious physical harm, and less restrictive steps have failed or are not possibleSome states ban seclusion entirely; some ban certain holds, such as prone holds
Trained staffUse only by staff trained in an approved programRequired training hours, refresher intervals and approved programs
Ending the interventionEnd as soon as the danger has passedSome states set maximum durations or require continuous monitoring
Verbal or electronic notice to parentsPrompt notice after the incidentSame day, within 24 hours, or within another set time
Written reportA written account of the incidentRequired contents, who writes it, deadline, and whether parents get a copy
DebriefStaff, and sometimes the parent and student, review what happenedWhether a debrief is required, and who attends
IEP or 504 team reviewReview of plans after use, or after repeated useNumber of incidents or days that triggers review
Data reportingThe district tracks incidents and reports themState reporting requirements; federal civil rights data collection

What a debrief usually covers

A debrief is a structured look back, not a disciplinary meeting. Teams that use them well keep the focus on prevention.

  • What were the early warning signs, and when did they start?
  • Which de-escalation steps were tried, and how did the student respond?
  • Was the crisis plan followed? Is it still accurate?
  • What could change before the next time: the schedule, the task, the setting, the staff plan?
  • Does the FBA still describe the behavior? Does the BIP need review?
  • How is the student doing now, and is any follow-up needed for the student or staff?

The behavior incident report template covers objective wording for the written record, and the crisis plan template shows where notification and debrief steps fit in a student's plan.

Connecting it back to the IEP

Each use of restraint or seclusion is information for the IEP team. When the behavior behind it is part of a student's disability, the team should look at present levels, goals, supports and the behavior plan. Goals that build safe alternatives, such as asking for a break or using a calm space, live on the safety behavior goals page, and the behavior IEP goals hub has more. The explainer on behavior that impedes learning covers the IEP team's duty in detail.

Tier 3 supports in a PBIS framework are built on functional assessment and individualized plans.[5] Those plans are what reduce the need for emergency responses over time.

Frequently asked questions

Is there a federal law on restraint and seclusion in schools?

No single federal law sets restraint and seclusion rules for all public schools. States set most of the rules, and districts add policy. Federal civil rights laws such as Section 504 and the ADA still apply, and IDEA requires teams to consider positive behavior supports.

How soon must parents be told after a restraint?

It depends on state law and district policy. Many rules require notice the same day or within 24 hours, followed by a written report. Check your state's regulations and your district's policy for the exact timeline.

Does restraint have to be written into the IEP?

Rules differ. Some states restrict planning restraint as a routine intervention, while others allow it to be referenced in a crisis plan. The IEP team should review the behavior plan after any use, and especially after repeated use.

Can parents ask for a meeting after a restraint?

Yes. Parents can ask for an IEP meeting at any time to review the behavior plan, the crisis plan and the data. Some states require the school to hold a meeting after a set number of incidents.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.324: Development, review, and revision of IEP, Legal Information Institute, Cornell Law School
  2. 29 U.S.C. §794: Nondiscrimination under Federal grants and programs (Section 504), Legal Information Institute, Cornell Law School
  3. State and Local Governments (ADA Title II), ADA.gov, U.S. Department of Justice
  4. FERPA, Protecting Student Privacy, U.S. Department of Education
  5. Tier 3, Center on Positive Behavioral Interventions and Supports
  6. Restraint and Seclusion: Resource Document (2012), U.S. Department of Education

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.

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