Georgia severely limits the use of seclusion and restraint in Georgia public schools. These practices have been found to cause students physical, mental, and emotional injury.
Unfortunately, laws aren’t always followed. School districts may take advantage of the narrow, allowable uses of restraint.
If you live in Georgia and know or suspect that your student has been secluded or restrained, contact the Education Law Team at the LLF National Law Firm. You and your family have options, including the possibility of suing the school. Call us at 888-535-3686 or fill out an online form.
Restraint and Seclusion in Georgia
Georgia’s laws on seclusion and restraint apply to K-12 public schools and educational programs. This means that private schools set their policies on the use of seclusion and restraint.
Students who attend schools that don’t fall under the state’s laws on seclusion and restraint may still have the basis for a lawsuit. The Education Law Team at the LLF National Law Firm assists our clients in finding grounds for pursuing legal action and protecting their children.
Students with Disabilities
Georgia is unique in not having specific laws that apply to students with disabilities. This is partially because the state severely curtails the use of restraint and seclusion in schools. That your student has a disability may make them more likely to face restraint in school.
If your student has an IEP or 504 Plan, you may want to discuss with your student’s team how to proactively address behavioral issues.
What Is Restraint?
Restraint occurs when a student’s movements are limited. This can mean either a student’s whole body or part of their body.
Georgia defines three types of restraint: chemical, mechanical, and physical. Schools are only allowed to use certain types of physical restraint in limited circumstances.
Chemical Restraint
Chemical restraint means school staff use medication to control a student’s behavior or restrict their freedom of movement. To qualify as a chemical restraint, a medication or drug given to a student has not been prescribed for a medical or psychiatric condition.
Medication or drugs that are prescribed by medical professionals and used as directed don’t qualify as chemical restraint.
Georgia bans the use of chemical restraint in public schools.
Mechanical Restraint
Mechanical restraint involves school staff using a device or material attached to a student’s body. The purpose of this device is to restrict a student’s normal freedom of movement. In addition, a student cannot easily remove the device.
Adaptive or protective devices recommended by a medical professional and used as directed don’t fall under this category. Similarly, safety devices, such as seatbelts used during transportation or travel, aren’t considered mechanical restraints.
Georgia bans the use of mechanical restraint in public schools.
Physical Restraint
Certain types of physical restraint are the only allowed form of restraint in Georgia public schools. Physical restraint refers to direct physical contact by a staff member or other adults to prevent or significantly limit a student’s movement.
Georgia bans the use of prone, or facedown, restraint without exception. At no point can physical restraint be used:
- As a form of discipline or punishment
- If restraint cannot be done safely
- When a psychiatric, medical, or physical condition that is documented in a student’s files contraindicates the use of restraint
The following don’t qualify as physical restraint under Georgia law:
- Providing limited physical contact and/or redirection to promote student safety
- Providing physical guidance or prompting when teaching a skill, redirecting attention, giving instructions, or providing comfort
When Public Schools Can Use Physical Restraint in Georgia
In Georgia, physical restraint is a last resort option. Public schools and educational programs should use it only when students are an immediate danger to a member of the school community, including themselves.
Before resorting to physical restraint, school staff should attempt to use less intensive behavioral interventions. Only when a student isn’t responsive to these techniques should school staff opt for physical restraint.
Physical restraint must end as soon as a student no longer presents an immediate danger to members of the school community. In addition, physical restraint must be discontinued if a student is in severe distress.
What Is Seclusion?
Without exception, Georgia bans the use of seclusion in any public school or educational program. The practice may also be referred to as monitored seclusion, seclusion timeout, or isolated timeout. Whatever the term, public schools cannot use any practice that meets the state’s definition of seclusion.
The Peach State defines seclusion as isolating and confining a student in a separate room or area until they’re no longer an immediate danger to members of the school community. Students are physically prevented from leaving the room or area.
What is not seclusion in Georgia:
- Situations when a staff member who is trained in de-escalation techniques or restraint is physically present in the same unlocked room as the student
- A time-out (see below)
- In-school suspension
- Detention
- Student-requested breaks in a different room or space
Schools may use a different term and claim a student was not subject to seclusion. If you have questions about whether your student was secluded, contact the Education Law Team at the LLF National Law Firm.
What is a Time-Out?
Georgia does allow schools to place students in a time-out. A timeout is a behavioral intervention. School staff temporarily remove a student from the classroom or a learning activity.
In a time-out, a student is not confined or physically prevented from leaving a room or area. Students must still be monitored.
Behavioral Supports and Interventions
The Georgia Department of Education’s Office of Whole Child Supports oversees the Georgia Multi-Tiered System of Supports (GaMTSS). GaMTSS is a system that provides students with different levels of support to help them succeed. GaMTSS doesn’t replace a school curriculum but integrates it into an existing curriculum.
Georgia public schools may have different programs to help support students and minimize behavioral issues. For example, the Newton County School System uses the MindSet curriculum, which focuses on fostering a “culture of prevention.”
For parents and guardians, the question to ask schools is what programs they have in place to help prevent and manage behavioral issues. These types of programs not only reduce physical restraint but may also reduce disciplinary issues.
Protect Your Student
Georgia law protects K-12 students in public schools by banning seclusion and limiting restraint to physical restrictions as a last resort. Even with these safeguards, students may still be subjected to banned practices or face mental, physical, or emotional harm.
All children deserve to feel safe in school. If your child 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.