Described by advocates as necessary measures to protect school safety, restraint and seclusion have a long history of causing students physical, mental, and emotional injury. Rather than make schools safer, seclusion and restraint fail to address underlying behavioral issues or provide any sort of long-term improvement.
Ohio heavily restricts the use of seclusion and restraint. Schools should use seclusion and restraint only in certain, limited situations.
If you know or believe that your student has been secluded or restrained, contact the Education Law Team at the Lento 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 Ohio
One thing that sets Ohio apart from other states is how accessible the state's Department of Education makes resources on restraint, seclusion, and Positive Behavior Intervention and Supports (PBIS). The Ohio Department of Education has several guides on the state's laws and policies, making it easier for families to understand the law and their students' rights.
These resources include the state's model PBIS and restraint and seclusion policy. This model policy isn't binding on school districts. These guides can be useful for parents and guardians when they disagree with a school's decision to restrain or seclude their student.
Ohio limits the use of seclusion and restraint to emergency situations. The state also has specific guidelines for how a school staff member can use either practice.
The state explicitly bans certain types of restraint, anything that resembles corporal punishment or child abuse, and anything that restricts breathing. These restrictions include forbidding a school from using any item, substance, or activity that may cause a student physical pain or extreme discomfort.
What Is Restraint?
Restraint refers to limiting a student's movements, either by restricting all or part of their body. Ohio school districts can only use physical restraint, which is direct physical contact that restricts a student's movements.
Prohibited Restraint
Ohio bans chemical, mechanical, and prone restraint. A type of physical restraint, prone restraint refers to placing a student face down on the ground.
Chemical restraint involves giving a student a drug or medication to restrict their movements. It does not include giving a student a medication prescribed by a doctor or that is part of a student's medical care.
Mechanical restraint refers to using a device or equipment to limit a student's movements. Ohio requires direct physical contact for restraint, although items such as seatbelts in vehicles don't fall under this rule.
What Is Seclusion?
Ohio defines seclusion as involuntarily isolating a student in a room or space. The student is unable to leave the space.
Schools in Ohio can use seclusion in limited, emergency situations and when:
- The room or space a student is in remains unlocked at all times
- School staff continuously monitor the student
- The room or space is properly ventilated and has adequate space and lighting
Behavioral Supports and Interventions
Ohio encourages the use of PBIS and the related Multi-Tiered Systems of Support (MTSS) in all K-12 school districts. The goal of PBIS is to reinforce positive behavior throughout the school day and beyond the classroom. These evidence-based practices encourage improved outcomes for students.
MTSS uses a three-tiered system to provide students with differing levels of support. Ohio divides MTSS into three categories. Tier 1 is universal support, Tier 2 is targeted support, and Tier 3 is individualized support.
The Division of Early Childhood of the Council for Exceptional Children, which is part of the Ohio Department of Education, advocates for MTSS in early education. Numerous students have shown the importance of early intervention for students with disabilities or developmental delays, and restraint and seclusion can begin at the pre-kindergarten level.
PBIS and MTSS can play key roles in reducing seclusion and restraint. Students can benefit from the programs in a variety of ways, and families should ask school districts how they implement these programs to better support students.
Complaint Process and Contesting Seclusion and Restraint
Ohio has procedures in place for parents and guardians who disagree with the use of seclusion and restraint on their child. The Education Law Team at the Lento Law Firm can help families understand the different options and which is best for their situation.
In general, families should consider pursuing at least one of these options before filing a lawsuit. In some cases, families may first wish to schedule a meeting with school staff to address their concerns and find a resolution.
If a student is restrained or secluded more than three times, school staff must meet with the student. Ohio doesn't require either revisions to an existing IEP or a functional behavioral assessment (FBA) after an incident involving restraint or seclusion. Parents or guardians may, however, wish to request either.
Parents and guardians can:
- File a written complaint with the Superintendent of their student's school district.
- For students with disabilities, request an IEP meeting to either review a student's existing IEP or BIP or craft a new one.
- For students with disabilities, file a complaint with the Ohio Department of Education's Office for Exceptional Children.
- Report concerns to the relevant public agency, such as:
- Local law enforcement
- The local county's child protective services department
- This will generally be the county in which the school district is located.
- For example, a student lives in Blue Ash and attends the Sycamore Community School District. Their family would contact Hamilton County Job and Family Services.
- The Ohio Department of Education's Office of Professional Conduct
Contacting the correct department or filing a complaint with the correct office is crucial to addressing an illegal use of seclusion or restraint. If you have any questions, the Education Law Team at the Lento Law Firm can help.
Protect Your Student
Ohio emphasizes the use of proactive techniques to address behavioral issues and provide students with the support they need. The state limits the use of seclusion and restraint to emergency situations.
Schools may not always follow these policies. They may overstep their authority or even use seclusion or restraint as a way to punish a student. A student may suffer physical, mental, or emotional injuries.
If your child has been secluded or restrained in school, you have options to address the issue. The Education Law Team at the Lento Law Firm is here to guide you through the process and help you protect your student. Call us at 888-535-3686 or fill out an online form.
