Restraint and seclusion are controversial practices that have drawn increasing scrutiny in recent years. Supporters say they’re necessary to keep schools safe. Opponents point to evidence that these practices may cause students mental, physical, and emotional harm and don’t increase school safety.
North Dakota is one of the few states that lacks statewide laws on these practices. That means families need to know their district’s policies on these practices.
If your student attends a K-12 school in North Dakota 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 North Dakota
North Dakota is one of the few states that doesn’t have statewide laws or regulations on restraint and seclusion in K-12 schools. This means that each school and school district is responsible for setting its policies on these practices.
That the state lacks a law on these policies doesn’t mean that schools can do whatever they want to students. Students still have rights, and other laws may apply.
Without a statewide law, parents and guardians should pay attention to their student’s school’s specific policies on seclusion and restraint. While all schools are expected to provide students with a duty of care, a student being secluded in a school that bans the practice versus one that allows it creates two different situations.
The Education Law Team at the LLF National Law Firm works with our clients to find grounds for taking legal action against schools. Your child has the right to attend school and get an education free of fear.
What is Restraint?
Restraint refers to limiting a student’s ability to move. There are three types of restraint: chemical, mechanical, and physical.
Chemical restraint refers to using drugs or medication to limit a student’s movement. Mechanical restraint refers to using equipment or devices to restrict a student’s ability to move. These two types of restraint are often banned or allowed only in narrow circumstances.
Physical restraint refers to using physical force to reduce a student’s ability to move. Most states and schools allow physical restraint in situations when a student’s behavior or actions pose an imminent risk of harm to anyone.
Prone, or facedown, restraint is a type of physical restraint. Along with any restraint that limits a student’s ability to breathe or harms a student, these types of physical restraint are generally not allowed.
What is Seclusion?
Seclusion refers to involuntarily placing a student alone in a room or area, and the student is unable to leave. Schools may or may not be able to physically lock the student in the space, and school staff are generally required to monitor a student during a seclusion incident.
Seclusion is different from timeouts or detentions. Timeouts are a behavior management technique, and detentions are a disciplinary action.
Similar to physical restraint, schools are generally limited as to when they can use seclusion. The general rule is that school staff can use seclusion only in situations when students pose an imminent threat of harm to any member of the school community.
Restraint and Seclusion Policy Examples
Without statewide laws, parents and guardians need to focus on their school’s specific policies on seclusion and restraint. While general knowledge can be useful, students benefit from parents and guardians knowing the specifics of what their school does and doesn’t allow.
The North Dakota School Boards Association (NDBSA) has model policy templates for registered members. This includes a seclusion and restraint police that many school districts in the state have adopted. While not official, many school districts have adopted the NDBSA model.
What follows are examples of restraint and seclusion policies from some North Dakota school districts.
Billings County School District
The Billings County School Board established the district’s seclusion and restraint policy, which is based on the NDSBA’s template. The district establishes training requirements and bans both chemical and mechanical restraint, as well as any type of restraint that affects a student’s breathing. Schools in the district are also banned from using these practices as a form of discipline.
The district lists factors, such as age, that determine what would be an appropriate use of seclusion and restraint. Schools are limited to using physical restraint and seclusion in situations when a student engages in unforeseen dangerous behavior.
Trained school staff must first try other behavioral intervention strategies before resorting to seclusion or restraint. Both seclusion and restraint should be ended as soon as the student no longer poses a threat or danger.
Bismarck Public Schools District No. 1
Similar to Billings, Bismarck’s school board set the district’s restraint and seclusion policy and used the NDSBA template. Bismarck also bans chemical and mechanical restraints and prohibits the use of physical restraints and seclusion to discipline students.
Grand Forks Public Schools
The Grand Forks School Board also used the NDSBA model for its seclusion and restraint policy. Similar to Billings and Bismarck, Grand Forks defines behavioral intervention strategies, which are different from a student needing a behavior intervention plan.
In general, schools are expected or required to attempt to use behavior intervention strategies before resorting to physical restraint or seclusion. Grand Forks defines timeouts as one example of a behavior intervention strategy and provides guidance on how and when schools should use behavior intervention strategies.
Protect Your Student
Your child has the right to an education. Being subjected to restraint and seclusion doesn’t make your student safer or end behavioral issues. These practices instead fail to address the foundational reasons that are causing behavioral issues and can worsen them.
Schools may fail to report a seclusion or restraint incident. They may change details, such as stating that a student was in a timeout rather than seclusion. Schools may follow policy but still cause a student harm. Whatever the reason, the Education Law Team at the LLF National Law Firm can help.
If your child attends a K-12 school in North Dakota 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.