Restraint and seclusion are controversial practices that Michigan has limited to emergency situations in recent years. The question often becomes, however, what is or is not an emergency situation.

Students subjected to restraint or seclusion are more likely to suffer from physical, emotional, and mental harm. Students with disabilities are also disproportionately likely to be subjected to these practices.

If your student 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 Michigan

Since 2016, Michigan has limited the use of seclusion and restraint to emergency situations. Part of this new law required the Michigan State Board of Education to adopt a policy on when and how seclusion and restraint can be used in emergency situations.

Schools may only use seclusion and restraint as a last resort and when a student’s behavior or actions put members of the school community in an imminent risk of harm. A student cannot be restrained or secluded due to property destruction unless that destruction puts someone in harm’s way.

Michigan states that even if a school staff member follows guidance from the state on emergency seclusion and restraint, they aren’t given immunity from liability. In other words, even if a staff member restrains or secludes a student while following state guidelines, families can still file a lawsuit against the school and the staff member.

What Is Restraint?

Schools may use physical restraint in emergency situations. Restraint refers to limiting a student’s movements. It may involve part or all of a student’s body.

Michigan limits emergency restraint to ten minutes. If a school believes it’s necessary to restrain a student for longer than ten minutes, school staff must:

  • Provide additional support, including bringing in more staff members, such as a nurse or other specialist
  • Document why restraint was necessary for longer than ten minutes

Restraint cannot restrict a student’s ability to communicate. For example, if a student is deaf and predominantly communicates through sign language, restraint should not impair their hands to the point that they cannot sign.

Prohibited Restraint

Schools are limited in what type of restraint they can use in emergency situations. Again, any non-emergency restraint is a violation of Michigan law.

The state also prohibits mechanical restraint, chemical restraint, prone restraint, and any restraint that limits breathing. Schools cannot rely on any restraint not allowed by Michigan law or policy.

Mechanical restraint refers to the use of devices to limit a student’s movement. Chemical restraint involves the use of drugs or medical interventions other than what’s prescribed by a doctor to restrict a student’s movement. Prone restraint is a type of physical restraint where students are placed face-down on the floor and restricted in their movements.

Michigan law allows restraint in a very limited set of circumstances and is used in a controlled manner. If you believe your child was restrained in a way that falls outside of allowable restraint, contact the Education Law Team at the LLF National Law Firm.

What Is Seclusion?

Michigan defines seclusion as confining a student in a room or other space, and the student is physically prevented from leaving. The state explicitly states that emergency lockdown drills and other emergency security procedures, such as in cases of inclement weather, aren’t seclusion.

The state limits seclusion to emergency situations and as a last resort. Schools may use seclusion when:

  • School staff continuously observe a student in seclusion
  • A student is secluded in a room or space that meets all relevant fire and building codes
  • The room or space cannot be locked
  • The student is not prevented from leaving the room if the staff is incapacitated or leaves the area
  • The space must provide adequate space, lighting, ventilation, and respect for a student’s safety and dignity

A school must follow all of these requirements in addition to using seclusion as a last resort in an ongoing emergency situation. In general, schools should not seclude an elementary student for longer than 15 minutes or a high school student for longer than 20 minutes.

When Schools Cannot Use Seclusion

School districts in Michigan cannot use seclusion in non-emergency situations. Students in preschool or students who are suicidal or likely to self-harm also shouldn’t be secluded. In a related vein, students cannot be secluded when a recorded disability, medical condition, or other health care need contraindicates the use of seclusion.

Schools cannot use seclusion:

  • As a form of discipline or punishment
  • In place of an educational program
  • For school staff’s convenience
  • In place of adequate staffing

Even if a school claims that your student was secluded for emergency reasons, the school may not have followed the law. If you believe your student was unlawfully secluded, contact the Education Law Team at the LLF National Law Firm.

Recurring Behavior

If a student has repeated incidents of poor behavior, schools should contact a functional behavior assessment (FBA). Once they have an FBA, a school should either create or revise a positive behavioral intervention and support plan. In some situations, schools may choose to develop an emergency intervention plan.

These behavior plans differ from IEPs. IEPs focus on support and services related to support for students with disabilities.

Positive Behavioral Interventions and Supports

As part of the changes to Michigan law and policy, the state adopted Positive Behavioral Interventions and Supports (PBIS). The goal of this evidence-based approach is to improve the academic and social behavior outcomes for all students.

PBIS focuses on proactive, rather than reactive, actions. Prevention and intervention are the focus to help improve school safety and reduce behavioral issues.

Districts should have information on how they implement PBIS in their schools. For example, Okemos Public Schools combined PBIS with communication and engagement.

Novi Community School District places PBIS under its Department of Student Support Services. The district also uses Multi-Tiered System of Supports (MTSS). While related and often used together, PBIS is a way to address behavior management. MTSS uses tiered support to support the whole student.

Each school district decides how to implement PBIS, MTSS, and related programs within their schools. These programs should help proactively address behavioral issues and prevent the use of restraint and seclusion.

Protect Your Student

Being restrained or secluded in school can have long-lasting effects on students. In an effort to address school safety, schools may end up making students feel less safe at school.

If your child has been secluded or restrained in school, the Education Law Team is 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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