Restraint and seclusion are practices that can cause serious physical, mental, and emotional harm to students subjected to these practices. Supporters of these techniques say they’re necessary to maintain school safety.

Alaska allows public schools to use seclusion and some types of physical restraint in certain situations. No school, however, has the right to injure a student or subject them to emotional distress.

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

Alaska’s seclusion and restraint laws cover public K-12 schools in the state. These practices fall under a school’s disciplinary and safety program, and schools must have a written report and review of every seclusion or restraint incident.

That a student attends a school that isn’t covered by Alaska’s laws doesn’t mean schools can do whatever they want to students. Students and their families can pursue legal action under other state laws and regulations.

The Education Law Team at the LLF National Law Firm works with our clients to find grounds to pursue legal action. No one has the right to interfere with your child’s right to an education.

What Is Restraint?

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

Chemical Restraint

Chemical restraint refers to any drug used on a student for discipline or convenience. The drug isn’t being used to treat a medical symptom.

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

Mechanical Restraint

Mechanical restraint involves using devices to restrict a student’s freedom of movement. Medical devices or protective equipment prescribed by qualified health care professionals aren’t considered a type of mechanical restraint.

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

Physical Restraint

Physical restraint means a personal restriction that immobilizes or reduces a student’s ability to freely move their arms, legs, or head.

Alaska allows certain types of physical restraint in certain circumstances. The state bans the following types of physical restraint:

  • Prone, or facedown, restraint
  • Supine, or face-up, restraint
  • Any type of restraint that interferes with a student’s ability to breathe

There are no exceptions that allow schools to use these types of physical restraint in Alaska.

What Is Seclusion?

Seclusion is the involuntary confinement of a student alone in a room or area, and the student is physically prevented from leaving the space. Seclusion is not:

  • Classroom time-outs
  • Supervised detention
  • Suspension from school

When Alaska K-12 Schools Can Use Seclusion and Physical Restraint

Alaska limits when school staff can use seclusion and physical restraint on students. Teachers, teacher’s assistants, and any other adult responsible for students may use these practices only when:

  • A student’s behavior poses an imminent danger of physical injury to any member of the school community, including the student
  • Less restrictive interventions would be ineffective given the situation.
  • During any restraint or seclusion incident, at least one staff member continuously monitors the student with direct face-to-face contact.
    • If face-to-face contact is unsafe, a staff member must maintain continuous direct visual contact with the student.
  • The staff member who uses physical restraint or seclusion has been trained in crisis intervention, de-escalation, and restraint techniques.
    • This training must be approved by the Alaska Department of Education.
    • The training requirement can be ignored if a trained staff member isn’t immediately available, and events present an unavoidable and unforeseen emergency.
  • Staff ends the restraint or seclusion as soon as the student no longer poses an imminent danger of physical injury to any member of the school community.
    • Staff may also end restraint or seclusion if a less restrictive intervention becomes an effective way to stop the danger of physical injury.

These requirements highlight one of the challenges of restraint and seclusion, namely, what is and isn’t an emergency. School staff may claim that an emergency required an untrained staff member to restrain a student, but additional evidence may show that there was no reason a trained staff member couldn’t have been involved.

In a similar vein, school staff may claim a less restrictive intervention would’ve been ineffective when other information or witness statements indicate such methods may have worked in the situation.

The Education Law Team at the LLF National Law Firm works with our clients to understand the specifics of each restraint and seclusion incident.

Incident Review

Alaska requires schools to have a process to review every incident of seclusion and restraint. Reviews should happen as soon as possible after each incident.

While each school district sets its review policy, Alaska does have some requirements for what these policies must include. Schools must have follow-up communication with students and their families.

Schools must consider whether it’s necessary to adjust or revise any procedures, strategies, or accommodations for future restraint and seclusion incidents. Schools may need to review or increase staff training on crisis intervention.

A review should also include information on the individual student. Parents or guardians can request a meeting with the school. Some of the questions that parents or guardians may want to ask during this meeting:

  • What is being done to prevent future restraint or seclusion incidents?
  • If a student has a disability and an IEP, does the IEP need revision? If a student doesn’t have a known disability, should the student be assessed for a potential disability?
  • If a student has a behavior plan, does that plan need revising? If a student doesn’t have a behavior plan, would it benefit the student to create one?

The Education Law Team at the LLF National Law Firm works with our clients to address not only previous incidents of seclusion and restraint but also to prevent future incidents.

Protect Your Student

Being subjected to seclusion or restraint can undermine a student’s ability to feel safe at school. It could interfere with their ability to learn. They may suffer from a range of injuries, including emotional scars that aren’t physically visible.

If your child attends a K-12 school in Alaska 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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