Seclusion and restraint are controversial practices that can cause students who are subjected to them mental, physical, and emotional harm. Despite the risk of injury, Vermont allows both practices in limited situations.

If your student attends a K-12 school in Vermont 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 Vermont

State Board Rules 4500 governs restraint and seclusion in Vermont. K-12 schools in the state must abide by these rules if:

  • They receive public funding.
  • They fall under the Vermont Department of Education’s regulatory authority.

Covered schools may only use seclusion and certain types of restraint in certain situations.

If your student attends a school that isn’t covered by Vermont’s rules, the Education Law Team at the LLF National Law Firm can help you find other legal grounds for legal action against the school. We work with all of our clients to find the strongest legal grounds for their specific situation.

What Is Restraint?

Restraint refers to limiting a student’s ability to move. Vermont defines three types of restraint: chemical, mechanical, and physical.

Chemical Restraint

Chemical Restraint involves giving a student a drug, medication, or chemical to control their behavior or restrict their movement. Chemical restraint is not:

  • Any drug, medication, or chemical that has been prescribed by a student’s physician for the standard treatment of the student’s medical or psychiatric condition.
  • A licensed medical professional administers it to the student as prescribed.

Vermont bans the use of chemical restraint in K-12 schools.

Mechanical Restraint

Mechanical Restraint involves using any device or object to restrict a student’s movement or limit a student’s sensory or motor functions. One exception is if the restriction is done under the direction of a healthcare professional for medical or therapeutic purposes. In these situations, the restriction isn’t considered to be mechanical restraint.

Mechanical restraint does not refer to using devices for specific and approved therapeutic, medical, and safety purposes, and when those devices are used for their intended purpose. Seatbelts, orthopedic supports, and wheelchair harnesses are examples of devices that are generally not considered mechanical restraint.

Vermont bans the use of mechanical restraint in K-12 schools.

Physical Restraint

Physical Restraint means using physical force to restrict a student’s ability to move. Physical restraint does not include:

  • Brief periods of limited physical restriction by direct person-to-person contact with the goal of:
    • Preventing a student from completing an act that would result in potential physical self-harm or harm to any other person.
    • Removing a disruptive student who is unwilling to leave an area voluntarily.
  • Minimum contact necessary to escort a student between locations.
  • Assisting with completing a task or feeding.
  • Any prescribed techniques for therapeutic or medical treatment, when prescribed by a qualified medical professional.

When Vermont Schools Can Use Seclusion

Physical restraint is the one type of restraint that Vermont allows covered K-12 schools to use. Schools may use it only when a student presents an imminent and substantial risk of bodily harm to the student or others.

Other requirements for using physical restraint include:

  • Less restrictive interventions failed or would be ineffective given the circumstances.
  • Each physical restraint incident must be safe, proportionate to, and take into account a student’s:
    • Severity of behavior
    • Chronological and developmental age
    • Physical size
    • Gender
    • Communication ability and method of communication
    • Cognitive ability
    • Known medical, psychiatric, and physical condition
    • Any known history of physical, emotional, or sexual abuse or trauma

Vermont also has additional rules for prone, or facedown, restraint, and supine, or face-up, restraint. Schools may only use prone and supine restraint when a student’s size and severity of behavior make such a restraint necessary to prevent imminent harm to any member of the school community.

If you believe a school restrained your student in violation of Vermont’s rules, contact the Education Law Team at the LLF National Law Firm.

What Is Seclusion?

Seclusion refers to confining a student alone in a room or area, and the student is either prevented from leaving or reasonably believes they’re unable to leave the space. Seclusion is different than a time-out. During a time-out, a student isn’t left alone and remains under adult supervision.

When Vermont Schools Can Use Seclusion

Schools can use seclusion only when all of the following are met:

  • A student’s behavior poses an imminent and substantial risk of physical injury to any member of the school community, including themselves.
  • Less restrictive interventions failed or would be ineffective in the circumstances.
  • It’s intended as a temporary intervention.
  • Physical restraint is contraindicated.
  • A student has no known developmental, medical, psychological, or other medical issues that would contraindicate its use.
  • A staff member continuously monitors a student for the duration of the seclusion.
  • All seclusion rooms and areas must be:
  • Large enough to allow a student to move safely
  • Adequately lit, heated, or ventilated
  • Free of any sharp or dangerous objects
  • Meets all relevant fire and safety codes

When Physical Restraint and Seclusion Cannot Be Used

Vermont prohibits schools from using physical restraint and seclusion in the following situations:

  • When the physical restraint, escort, or seclusion restricts or limits a student’s ability to breathe or communicate, or causes pain
  • When school staff cannot maintain direct visual contact for the duration of the physical restraint, escort, or seclusion
  • For the school staff’s convenience
  • As a substitute for an educational program
  • To discipline or punish a student
  • In place of inadequate staffing or training
  • As a response to a student’s use of profanity or other disrespectful language or gestures
  • For a verbal threat alone, meaning a student shows no means or intent to carry out the threat or put anyone in an imminent risk of harm

Protect Your Student

Your child has the right to get an education free from fear. Being subjected to restraint or seclusion can affect your student’s ability to learn.

If your child attends a K-12 school in Vermont 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.

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