Controversial and potentially dangerous to students, seclusion and restraint are practices schools use to control student behavior. Since 2023, New York has limited these practices to all schools within the state.
The New York State Education Department emphasizes the use of behavioral supports and interventions instead of seclusion and restraint. These evidence-based practices focus on addressing and improving student conduct.
Even with limiting the use of seclusion and restraint, schools may not follow the law. They may use seclusion or restraint, but call it by a different name, even though these practices can cause serious mental and physical injury to students.
If you know or believe 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, up to and including suing the school. Call us at 888-535-3686 or fill out an online form.
Restraint and Seclusion in New York
In 2023, revised Rule 19.5 of the Rules of the Board of Regents, as well as parts of the Regulations of the Commissioner of Education Relating to the Prohibition of Corporal Punishment, Aversive Interventions, Prone Restraint, and Seclusion. In the Empire State, restraint and seclusion are treated as similar to corporal punishment.
The two major changes to this rule were prohibiting prone restraint and seclusion. An analysis of the revised rule highlighted that even allowed practices should only be used in cases of imminent harm to the student or other members of the school community.
New York’s rules on seclusion and restraint apply to all K-12 schools within the state. The regulations cover both public and private schools. The 2023 changes also clarified that the laws on seclusion and restraint cover pre-kindergarten programs.
What Is Restraint?
Restraint occurs when a school staff member limits a student’s movements. Restraint can range from a full-body restriction to a single arm.
Mechanical restraint involves using a device or other equipment to limit a student’s freedom of movement. Physical restraint occurs when a personal restriction immobilizes a student or reduces a student’s ability to move any part of their body.
Restraint shouldn’t be used as a form of discipline. Schools in New York should be using it only when a student’s behavior puts them or other members of the school community in imminent danger of serious physical harm, and positive, proactive intervention options either aren’t effective or feasible at the moment.
School staff should use the least restrictive restraint technique. Restraint should be ended as soon as the imminent danger is over. Schools should inform parents of the restraint on the day it occurs.
Even if a school follows all of the rules, a student may still suffer an injury while being restrained.
Prohibited Restraint
As of 2023, New York bans prone restraint without exception. Prone restraint refers to placing a student facedown on the ground.
In addition, physical restraint can never be a planned intervention. This means that restraint is included on a student’s IEP, 504 Plan, Behavior Intervention Plan (BIP), or any other plan developed for a student by the school. Put another way, schools cannot arrange to intentionally use restraint to address a student’s behavioral issues.
While some states allow restraint to prevent property damage, New York doesn’t consider that a justified use of restraint. The exception is if property damage would put any member of the school community in imminent threat of physical harm.
What Is Seclusion?
A student is secluded when:
- They’re involuntarily confined to a space or room
- They’re alone in that space
- They’re physically prevented from leaving that space or believe they cannot leave it on their terms
As part of the 2023 revisions, the Board of Regents prohibited schools from using seclusion. There are no exceptions to this ban.
Timeouts are similar to seclusion but with some important differences. Also, unlike restraint, timeouts can be included in BIPs and other plans.
A behavior management technique, timeouts involve a student being placed in a non-locked space or room while a member of the school staff monitors them. The goal of a timeout is to de-escalate, regain control, and give a student a chance to decompress.
Schools may seclude a student but call it a time-out. They may ignore the law. The Education Law Team at the LLF National Law Firm can support families who are trying to determine if and when their student was potentially secluded.
When New York Allows Restraint and Timeouts
The Empire State encourages positive and proactive strategies to reduce challenging behavior. Schools are limited in how and when they can use these practices.
Timeout and physical restraint may be used only when:
- Less restrictive interventions would not prevent imminent harm
- School staff have been properly trained on how to safely and appropriately use a restraint or timeout on a student
At no point should either practice be used as a way to discipline or punish a student. Timeout and physical restraints also should not be used to retaliate against a student.
When restraint or a time-out is necessary, school staff should use it for the shortest amount of time necessary to de-escalate a situation.
Behavioral Supports and Interventions
New York emphasizes the use of behavioral supports and interventions. These programs, such as the multi-tiered system of supports (MTSS), take a proactive, preventative approach with a focus on addressing and improving a student’s behavior.
These programs tend to be evidence-based and work with all students, not just those with behavioral issues or disabilities. They provide varying levels of support that depend on an individual student’s needs.
The Warwick Valley Central School District uses Positive Behavior Interventions & Supports (PBIS), a type of behavioral support program. PBIS focuses on addressing student behaviors, providing proactive interventions, and defining and teaching appropriate behavior.
These programs don’t entirely replace the use of restraint in schools. The goal of programs like PBIS is to address the foundational issues that affect a student’s behavior while recognizing that, in cases of imminent threat, more serious action has to be taken immediately.
Protect Your Student
All students deserve to feel safe at school. Restraint and seclusion can undermine that sense of safety. Students may no longer want to attend school or struggle in school. These practices can cause mental, physical, and emotional injury that can last.
If your child has been secluded or restrained in school, the Education Law Team at the LLF National Law Firm is here to assist you and support your family. Call us at 888-535-3686 or fill out an online form.