Seclusion and restraint are controversial practices used in schools to address student misconduct. Schools aren’t supposed to use them for disciplinary purposes, but instead when a student’s behavior poses a threat to the school community’s safety.
California first limited the use of restraint and seclusion in 2018 and 2025. Under the law, schools cannot use the practice for discipline. The Golden State restricts these practices to situations when it’s necessary to control and limit behavior that poses a clear and present danger to the school community.
Schools may not follow the laws. A school may claim a clear and present danger when that wasn’t the case. If your student was restrained or secluded in a California school, you have legal options, including using the school.
All students deserve to feel safe at school. Using restraint or seclusion on a student can undermine their sense of safety and their education.
If your student has been secluded or restrained, the Education Law Team at the LLF National Law Firm can help protect your student’s rights. Call us at 888-535-3686 or fill out an online form.
Restraint and Seclusion in California
California allows schools to use both restraint and seclusion on students in limited situations. The use of either must be for the least amount of time necessary.
Schools cannot use restraint or seclusion to:
- Coerce a student
- Discipline a student
- Retaliate against a student
- Make a situation more convenient for the staff
The only time school staff may use restraint or seclusion is when:
A student’s behavior poses a clear and present danger to the safety of the student or other members of the school community
- The danger should be serious physical harm
- Less restrictive responses cannot immediately prevent the student’s behavior
What Is Restraint?
Restraint refers to limiting a student’s movements. Restraint can involve restricting a student’s entire body from moving or just part of their body, such as an arm.
In its education code, the state uses the term behavioral restraint techniques when talking about restraint. Behavioral restraint techniques can be mechanical or physical.
With mechanical restraint, a student’s movements are restricted through the use of a device or other equipment. Physical restraint means that a student’s movements are reduced, usually through another person holding them.
Schools must provide students with the maximum possible freedom of movement during restraint. They must also use the least restrictive means necessary to protect the safety of the restrained student and the school community.
California doesn’t allow the use of chemical restraint. The exception is in situations when a drug is already part of a student’s treatment plan for a medical or psychiatric condition.
What Isn’t Restraint
California exempts law enforcement, peace officers, and security personnel who, as part of their job, restrain a student. Any devices used by these groups aren’t considered mechanical restraints.
These groups may use force as part of their jobs and for public safety purposes. In these situations, any restraint on a student doesn’t fall under the category of physical restraint.
Escorting a student is also not restraint, even if a staff member touches a student who is acting out, to assist or guide them to a safe location.
Banned Restraint
As of 2025, California has banned the use of prone restraint in schools. Prone restraint refers to any type of face-down restraint. Known as Max Benson’s Law, the law bans prone restraint in all schools in California.
California bans all forms of prone restraint without exception. When passing the law, the governor’s office highlighted that prone restraint has been shown to cause severe injuries and death.
If you believe your student has been subject to prone restraint, contact the Education Law Team at the LLF National Law Firm. Schools have no reason to be using such a dangerous technique.
What Is Seclusion?
Seclusion refers to confining a student in a room or space and preventing them from leaving. It’s considered an involuntary confinement. California recommends that school staff avoid seclusion, although the state hasn’t banned the practice.
In general, schools cannot place a student in seclusion in a locked room. Students in seclusion must be monitored at all times. A staff member doesn’t have to be in a room with a student and can look at them through a window as long as it is direct. Schools cannot, for example, monitor a secluded student via a camera.
Seclusion is different from timeouts. Timeouts are part of an approved program, such as being included on a student’s IEP, and are considered a behavior management technique. Timeouts are different from seclusion because they:
- Involve a monitored separation, meaning a student is supervised during the timeout
- Occur in an unlocked room or space
- Are intended to help calm a student
Given the similarities between seclusion and timeouts, one potential concern is that a school may be claiming a student is being placed in a timeout while actually being secluded. If you have concerns that your student is being placed in seclusion inappropriately, contact the Education Law Team at the LLF National Law Firm.
School Policies on Restraint and Seclusion in California
School districts may craft policies above and beyond what state law requires. As long as a district follows state law, it can create whatever policies it chooses.
For example, Lynwood Unified School District has a dedicated Special Education Handbook. This includes a section on emergency interventions.
This handbook’s section on emergency interventions is largely similar to California law, with some additions. Lynwood states that emergency interventions should be used only for controlling unpredictable and spontaneous behavior.
The district also emphasizes that emergency interventions aren’t a substitute for a student having a Behavior Intervention Plan (BIP) that addresses a student’s behavioral issues and has a plan to help a student improve.
Lynwood’s policy highlights an important point. Seclusion and restraint are temporary, short-term measures that don’t address the root problem of a student’s struggles. If a student is secluded or restrained, the next step should be determining how to provide the student with the support and guidance needed to prevent future use of these practices.
Families should check for their school’s specific policies on seclusion and restraint. If a student has disabilities, districts may have additional policies to address seclusion, restraint, and behavioral issues.
Your Student Deserves to Feel Safe at School
Students subjected to restraint or seclusion can have serious, long-term injuries. They may have increased behavioral issues and no longer feel safe going to school.
Schools do have a duty to protect their communities. Doing that duty shouldn’t come at the expense of undermining a student’s ability to feel safe.
Your student should feel safe at school. If your child has been secluded or restrained in school, the Education Law Team at the LLF National Law Firm can help address the issue and protect your student. Call us at 888-535-3686 or fill out an online form.