Restraint and seclusion can cause students physical, mental, and emotional harm. Despite this, New Hampshire allows schools to use these practices in certain situations.

These practices can undermine a student’s sense of security in school or disrupt their ability to learn. Restraint and seclusion don’t address the underlying problems that can cause this behavior.

If your student attends a K-12 school in New Hampshire 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 New Hampshire

New Hampshire requires all covered schools to have a written policy on restraint and seclusion. Covered schools include public schools, charter schools, certain private schools, and any school that provides services under a student’s IEP.

That New Hampshire’s restraint and seclusion laws don’t cover a school doesn’t mean a school can do whatever it wants to students. All K-12 students have rights, and the Education Law Team at the LLF National Law Firm works with our clients to find grounds for legal action. Your student deserves to be able to attend school safely and free of fear.

What Is Restraint?

Restraint refers to limiting a student’s movements to control a student’s behavior in an emergency or with any involuntary medication. In New Hampshire, restraint can be mechanical, medical, or physical.

To qualify as restraint in New Hampshire, the individual restraining the student is a school staff member, contractor, or any individual who is under the control or direction of the school or district. This individual then immobilizes the student or restricts a student’s freedom of movement of their torso, head, arms, or legs.

Mechanical Restraint

Mechanical restraint occurs when a staff member uses a physical device or equipment to restrict a student’s movement.

Medical Restraint

Medication restraint refers to giving a student medication or drugs to control the child’s behavior. Providing a student with a properly prescribed medication is generally not considered a form of restraint.

Physical Restraint

Physical restraint involves manual methods to restrict a child’s freedom of movement or normal access to his or her body.

When New Hampshire Schools Can Use Restraint

Restraint should be used only in emergency situations and when a student’s behavior or actions put any member of the school community, including the student, at risk of substantial and imminent serious bodily harm.

Deciding to restrain a student should be made after considering all relevant details and the specifics of the situation. Only trained staff members should use restraint, and only after other interventions either failed or were inappropriate.

Banned Forms of Restraint

Schools should never use restraint to punish or discipline a student. Even in emergency situations, New Hampshire prohibits certain types of restraint. They cannot be used under any circumstances, even if the school staff is following all of the requirements for restraint.

Schools in New Hampshire cannot use the following types of restraint and behavior control techniques:

  • Prone, or facedown, restraint
  • Any type of physical restraint that blocks or limits a student’s ability to breathe
  • Any type of physical restraint that puts weight or pressure on or compresses a student’s chest, lungs, sternum, diaphragm, back, or abdomen
  • Any type of physical restraint that obstructs blood flow
  • Any type of physical restraint that pushes on or into any part of a child’s face, including their eyes, nose, and mouth
  • Any type of physical restraint that puts a student’s life in danger or significantly aggravates a student’s medical condition
  • Any intentional infliction of pain
  • Any intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a student in order to control that student, punish that student, or modify that student’s behavior
  • Any technique that unnecessarily subjects a student to ridicule, humiliation, or emotional trauma

For all restraints, the goal should be to prevent and minimize physical harm. Students should be continuously monitored during restraint to check their physical status, such as their ability to breathe.

School staff should discontinue restraint if a student demonstrates signs of any of the following:

  • Trouble breathing
  • Choking
  • Vomiting
  • Bleeding
  • Fainting
  • Loss of consciousness
  • Swelling at points of restraint

Any manifestation of physical distress should result in the end of the restraint.

What Is Seclusion?

Seclusion refers to involuntarily confining a student alone in any room or area. The student is unable to leave this space due to a lock, other mechanical device, barrier, or a person physically preventing a student from leaving or physically manipulating a door or exit, such as by holding a door shut. If a child reasonably believes they cannot leave, this also counts as a type of seclusion.

What seclusion is not:

  • Voluntarily separating a student from a stressful environment to give the student a chance to calm down and regain self-control
    • In this case, a student is generally able to leave the room or space
  • Involuntarily confining a student in a room or area with an adult for therapeutic intervention

When New Hampshire Schools Can Use Seclusion

Similar to restraint, school staff should never use seclusion to punish or discipline a student. The practice should also never be used to subject a student to ridicule, humiliation, or emotional or physical harm.

New Hampshire allows schools to use seclusion only when a student’s actions or behavior pose a substantial and imminent risk of physical harm to any member of the school community, including the student. Seclusion must end once the danger has passed.

Protect Your Student

Your student deserves to feel safe at school. Being subjected to seclusion or restraint not only damages their sense of safety, but it can also cause mental, physical, and emotional harm. They may struggle with learning.

If your child attends a K-12 school in New Hampshire 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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