Seclusion and restraint are controversial practices that balance the safety of the overall school community with the health of individual students. Supporters of these practices say they’re necessary to help maintain a safe school environment.

Those opposed to seclusion and restraint point to the mental, physical, and emotional injuries, sometimes severe, that these practices can cause. These interventions don’t address a student’s underlying behavioral issues that are causing a student’s misconduct but can worsen them.

If your student attends a K-12 school in Kansas 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 Kansas

Kansas uses the term emergency safety interventions (ESI) to cover both seclusion and restraint. Any K-12 school, public or private, that receives funding from the state must follow Kansas’s ESI rules. The

What is Restraint?

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

Chemical Restraint

Chemical restraint is the use of medication or drugs to control a student’s violent physical behavior or restrict a student’s freedom of movement.

Kansas prohibits chemical restraint. The exception is prescribed treatments by a licensed medical professional for a student’s medical or psychiatric condition.

Mechanical Restraint

Mechanical restraint refers to using a device or other equipment to limit a student’s freedom of movement. Kansas bans most forms of mechanical restraint.

The following are either not considered mechanical restraint or not banned:

  • Any protective or stabilizing devices that is either ordered by a licensed professional or required by law
  • Law enforcement officers using devices to carry out their duties
  • Seatbelts or any similar safety equipment to secure students while in a vehicle

Physical Restraint

Physical restraint means a school staff member uses bodily force to substantially limit a student’s movement. Physical restraint isn’t any physical contact that is consensual, solicited, or unintentional. In addition, physical contact provided to comfort, assist, or instruct a student isn’t considered a restraint.

Kansas allows physical restraint in certain situations. The following types of physical restraint, however, are never allowed:

  • Prone, or face-down, restraint
  • Supine, or face-up, restraint
  • Any restraint that obstructs a student’s airway or impedes their breathing
  • Any restraint that impacts a student’s primary mode of communication

For example, if a student primarily communicates through sign language, restraint of their hands should be limited.

What is Seclusion?

Seclusion refers to placing a student in a room or area where the student is purposely isolated and prevented from leaving. In addition, a student having a reason to believe they are prevented from leaving the seclusion area, even if they aren’t actually prevented from leaving, qualifies as a form of restraint.

For the length of seclusion, a school staff member must be able to hear and see the student at all times. Even if a staff member is in the same room or area as the student, this is still considered to be seclusion.

If the room where a student is secluded has a locking door, that lock must automatically disengage in emergency situations, including weather-related incidents. If a staff member has to step away from the room and cannot observe the student, the door must be unlocked during their absence.

Any space used for seclusion must be similar to other rooms in the school. It must meet any relevant building or safety codes and be well-ventilated, sufficiently lit, and free from dangers to the student.

Seclusion, Time-Outs, and Discipline

Students shouldn’t be placed in seclusion as a type of discipline. In-school suspensions, detentions, or other forms of disciplinary measures aren’t seclusion.

Time-outs are also different from seclusion and discipline. A time-out is a behavioral intervention. School staff temporarily remove a student from a learning activity often to help them calm down.

Seclusion, discipline, and time-outs all have distinct purposes but can seem similar. Parents and guardians should confirm that a school isn’t omitting any information. For example, saying that a student was in a time-out when they were actually in seclusion.

If you have any concerns about how a school is handling your child’s behavioral issues and believe their conduct is harming your child, contact the Education Law Team at the LLF National Law Firm.

When Schools Can Use Emergency Safety Interventions

Just as the term suggests, emergency safety interventions can only be used in emergencies. Students should never be placed in restraint or seclusion to discipline or punish a student or for the staff’s convenience.

Schools may use emergency safety interventions when:

  • A student presents a reasonable and immediate danger of physical harm to any member of the school community
  • Given the circumstances, less restrictive alternatives would be inappropriate or ineffective
  • The intervention ends as soon as the immediate danger of physical harm ceases to exist.

While most interventions focus on physical danger, certain violent actions that are destructive of property may also require school staff to use seclusion or restraint.

Medical Exemption

Some students have medical conditions that mean an emergency safety intervention would put the student in mental or physical danger. In addition, if a student begins to suffer mental or physical distress or injury during seclusion or restraint, the intervention should be discontinued. The exception is if ending the seclusion or restraint would put a student or others in worse mental or physical danger.

For students with existing medical conditions that contraindicate the use of seclusion or restraint, the student’s file should contain this information. The student’s licensed health care provider should supply a written statement that explains the student’s diagnosis and why an emergency safety intervention would put the student in mental or physical danger. This statement should include suggested alternatives.

Protect Your Student

Seclusion and restraint can cause a student mental, physical, and emotional injury. It can negatively impact their ability to learn. It does nothing to address the underlying behavioral issues.

If your child attends a K-12 school in Kansas 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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