Seclusion and restraint are supposedly used to keep the overall school community safe, but they instead undercut a student’s feeling of safety at school. That’s why these practices are limited and why Kentucky restricts their use.

Students subjected to seclusion and restraint can suffer mental, physical, and emotional harm. These practices don’t address why a student is acting out and can worsen behavioral issues.

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

Kentucky’s seclusion and restraint laws cover public K-12 schools. This doesn’t mean that private schools can do whatever they want to students, simply that Kentucky’s laws don’t cover them.

The Education Law Team at the LLF National Law Firm works with families throughout the state to find grounds to pursue legal action against schools that use seclusion and restraint against students. Schools may hedge a report to make it appear they followed state law, or other laws may apply. What matters is that your child has a right to feel safe at school.

What Is Restraint?

Restraint refers to limiting a student’s movements. Kentucky defines three types of restraint: chemical, mechanical, and physical. A fourth defined type, prone restraint, is a type of physical restraint.

Chemical Restraint

The Bluegrass State defines chemical restraint as any use of medication to control behavior or restrict a student’s ability to move. This doesn’t include any medication or drug prescribed by a doctor or licensed medical professional when the medication is given for its intended purpose.

Kentucky bans, without exception, any and all types of chemical restraint.

Mechanical Restraint

Mechanical restraint refers to using a device or equipment to limit a student’s movements. Mechanical restraint is not:

  • Any approved or prescribed medical or support device used for its intended purpose
  • Any equipment designed to help support a student’s body position, balance, or alignment that gives a student a greater range of movement
  • Any seatbelt or other restraint devices used in vehicles

Kentucky bans mechanical restraint.

Physical Restraint

A school staff member physically restrains a student when they use their body to reduce a student’s ability to move their torso, arms, legs, or head. Physical restraint is not:

  • Temporarily touching or holding a student’s hand, wrist, arm, shoulder, or back to help a student move voluntarily to a safe location
  • Using a behavioral intervention, such as verbal soothing, to calm and comfort a student
  • Using less restrictive physical contact or redirection for student safety
  • Physically guiding or prompting a student when teaching them a skill or redirecting their attention

Public K-12 schools may use certain types of physical restraint in limited situations.

What Is Seclusion?

Seclusion is the involuntary confinement of a student alone in a room or area. The student is prevented from leaving this space.

Seclusion is not classroom timeouts, supervised in-school detentions, or out-of-school suspensions.

What Is a Timeout?

Timeouts are a behavior management technique. They are part of an approved program, such as being included on a student’s IEP, and are monitored separations of students in an unlocked room or space. The purpose of a timeout is to allow a student to calm down.

What Are Aversive Behavioral Interventions?

In addition to seclusion and restraint, Kentucky’s laws also cover aversive behavioral interventions. These are physical or sensory intervention programs that are designed to modify behavior.

The key with aversive behavioral interventions is that they’re used because school staff know the technique will cause a student to suffer physical trauma, emotional trauma, or both. This is the case even in situations when the substance or stimulus appears pleasant or may seem neutral or pleasurable to others.

Examples include hitting, pinching, slapping, spraying with water, inhaling or exposing to noxious fumes, participating in extreme physical exercise, hearing loud noises, preventing a student from eating meals, or denying reasonable access to restrooms.

Kentucky bans the use of all aversive behavioral interventions. There are no exceptions to this prohibition.

When K-12 Schools Can Use Physical Restraint and Seclusion

In the Bluegrass State, public schools can use physical restraint and seclusion only when a student’s behavior poses an imminent danger of physical harm to any member of the school community, including the student. These practices should be used only after less restrictive behavioral interventions were ineffective, or if, in an unavoidable emergency situation, events don’t allow for using less restrictive behavioral interventions.

Only staff members trained on physical restraint or seclusion may restrain or seclude a student. These practices must stop as soon as a student no longer poses an imminent danger to the school community. Alternatively, a student must be released if a medical condition occurs that puts the student at risk of harm.

A student’s well-being must be monitored the entire time they are restrained or secluded. The student must be able to communicate while restrained. For example, a student who uses sign language as their primary mode of communication must be able to use their hands.

Physical restraint should use only the amount of force reasonably believed necessary to protect the student or others.

Any space used for seclusion must:

  • Be free of objects and fixtures that could harm a student
  • Allow school staff to continuously monitor the student, such as through a window
  • Have adequate lighting and ventilation
  • Have an unlocked and unobstructed door
  • Have at least an annual fire and safety inspection

When K-12 Schools Cannot Use Physical Restraint and Seclusion

In Kentucky, schools cannot use certain types of physical restraint and are prohibited from using restraint or seclusion in certain circumstances. The state bans all types of prone, or facedown, restraint as well as any type of life-threatening physical restraint.

Schools also cannot use any type of physical restraint or seclusion that would conflict with or put a student at risk because of a student’s disability, health care needs, or medical or psychiatric condition.

Public schools can also not use physical restraint or seclusion:

  • To punish or discipline a student
  • To force compliance or retaliate against a student
  • To prevent property damage
  • As a routine school safety measure
  • For the staff’s convenience
  • In place for a timeout or other appropriate educational or behavioral support

All Students Deserve to Feel Safe

Your child has a right to attend school free of fear. Seclusion and restraint can cause children to feel unsafe at school. These practices may interfere with their ability to learn. Seclusion and restraint don’t solve behavioral issues, but they can make them worse.

If your child attends a K-12 school in Kentucky 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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