Restraint and seclusion can cause serious physical, mental, and emotional damage to students subjected to these practices. While Hawaiʻi has banned the use of seclusion in public schools, schools may still use certain types of restraint.

If your student attends a K-12 school in Hawaiʻi and has been secluded or restrained, contact the Education Law Team at the LLF National Law Firm. You and your family have options, up to and including suing the school. Call us at 888-535-3686 or fill out an online form.

Restraint and Seclusion in Hawaiʻi

Hawaiʻi laws and restrictions on seclusion and restraint apply to public K-12 schools and to all students enrolled in those schools. The Aloha State requires the State Board of Education to have a policy for restraint available on its website. Both the state board and schools must have requirements for written notification to parents or guardians after a restraint incident.

If the board’s policy changes during a school year, the change must be immediately posted on the Hawaiʻi Department of Education’s website.

All students have the right to be and feel safe at school. That a student attends a private school doesn’t mean that school staff can do whatever they want to a student. Even if a school doesn’t fall under the state’s seclusion or restraint laws, there may be other grounds for legal action against a school.

The Education Law Team at the LLF National Law Firm works with our clients to protect their students and find legal grounds to pursue action against schools. Your student has the right to an education free from fear.

What is Restraint?

Restraint refers to limiting a student’s ability to move. Hawaiʻi defines three types of restraint: mechanical, chemical, and physical.

Mechanical Restraint

Mechanical restraint occurs when school staff use devices to limit a student’s freedom of movement. It can also apply to any device that interferes with a student’s ability to communicate in their primary language or mode of communication.

For example, a student’s primary mode of communication is sign language. If school staff uses a device to immobilize a student’s hands, this may count as a mechanical restraint.

Hawaiʻi bans the use of mechanical restraint in all public K-12 schools.

Chemical Restraint

Chemical restraint refers to administering a drug or medication to a student to control their behavior or restrict freedom of movement. Chemical restraint is not:

  • Any drug or medication prescribed by a licensed medical professional who provided the prescription under the scope of their professional authority, and when the drug or medication is a standard treatment for a student’s medical or psychiatric condition
  • Administering that drug or medication as prescribed and by a qualified health professional

Hawaiʻi bans the use of chemical restraint in all public K-12 schools.

Physical Restraint

Hawaiʻi defines physical restraint as a personal restriction that isn’t a chemical or mechanical restraint. This type of restraint immobilizes or reduces a student’s ability to move their arms, legs, or head freely.

Public K-12 schools may use some types of physical restraint in emergency situations.

What is Seclusion?

Seclusion refers to confining a student alone in a room or other area. While secluded, the student is physically unable to exit the space.

Hawaiʻi bans seclusion in all K-12 public schools. If you believe your student has been secluded at school, contact the Education Law Team at the LLF National Law Firm.

When Hawaiʻi Public Schools Can Use Physical Restraint

Hawaiʻi restricts the use of physical restraint to emergency situations. The Aloha State defines an emergency situation as occurring when a student’s behavior poses an imminent danger of substantial property damage or physical injury to any member of the school community, including the student. The emergency continues as long as the danger exists.

Before resorting to physical restraint, school staff should first attempt less intrusive interventions. Only when less intrusive interventions have failed or would be ineffective in the specific circumstances should school staff rely on physical restraint.

Schools can at no point use any type of physical restraint that restricts a student’s ability to breathe or could be considered life-threatening. Physical restraint also cannot be used to punish or discipline a student.

Physical restraint is not a teaching procedure or behavioral intervention. It should at no point be used to address a student’s noncompliance, disrespect, disobedience, or misuse or destruction of property. Disrupting a classroom or school activity, on its own, is not enough to physically restrain a student.

Positive Behavioral Interventions and Supports

Positive behavioral supports and interventions (PBIS) is a systematic approach to use evidence-based practices and data-driven decision-making to better support students. PBIS uses a range of systemic and individualized strategies to reinforce desired behaviors and diminish the recurrence of problem behaviors.

The goal is to see school-wide improvements in academic and social outcomes. These programs don’t replace the standard curriculum but can help improve learning outcomes for all students.

The Hawaiʻi Department of Education defines PBIS as a three-tier system that provides different levels of support to students. Ideally, PBIS is a proactive framework that helps prevent incidents.

Restraint and IEPs and BIPs

For students with disabilities, another possibility after a restraint incident is for parents to request a meeting with school staff. During this meeting, they may wish to review a student’s IEP, check that the IEP is being fully implemented, and discuss any changes to the IEP to reduce the likelihood of future incidents.

Beyond the IEP, parents and guardians may wish to inquire about the possibility of a functional behavior assessment (FBA), which examines a student’s life to understand the ‘why’ of a student’s behavior, and a behavior intervention plan (BIP).

BIPs are proactive plans designed to address a student’s problem behaviors through the use of positive behavioral supports and interventions. They’re similar to an IEP but focus on behavior rather than disability support and accommodations.

Protect Your Student

Being subject to restraint or seclusion in school can interfere with a student’s education. These practices don’t address the underlying behavioral issues or provide a solution.

If your child attends a K-12 school in Hawaiʻi and has been secluded or restrained, contact the Education Law Team at the LLF National Law Firm. We’re here to assist you and support your family. Call us at 888-535-3686 or fill out an online form.

Restraint and Seclusion

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