Restraint and seclusion are controversial practices that can leave students with lasting mental, physical, and emotional scars. While West Virginia is moving towards positive behavior interventions that can help prevent and reduce restraint and seclusion incidents, schools in West Virginia can still restrain and seclude students.

If your student attends a K-12 school in West Virginia 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 West Virginia

West Virginia’s policies on seclusion and restraint are located in Expected Behavior in Safe and Supportive Schools. A Board of Education legislative rule, Expected Behavior in Safe and Supportive Schools applies to all schools and facilities, such as public K-12 school districts, that fall under the West Virginia Board of Education’s supervision.

In addition, West Virginia expects school districts to make training available to teachers’ aides that includes prevention and de-escalation techniques as an alternative to restraint. This training focuses on becoming a mentor to students with autism.

If your student attends a school that isn’t covered by the state’s restraint and seclusion rules, the Education Law Team at the LLF National Law Firm can work with you and your student to find grounds to file a lawsuit. Every student, regardless of the school they attend, has the right to get an education free of fear.

What is Restraint?

Restraint refers to restricting a student’s ability to move all or part of their body. Physical restraint refers to using physical force to limit a student’s movements. Mechanical restraint involves the use of devices or equipment to limit a student’s movements.

The state doesn’t define a third type of restraint, chemical. In chemical restraint, a student is given drugs or medication to restrict their mobility. These are drugs or medications that are not prescribed by a qualified medical professional.

West Virginia allows schools to use physical restraint in certain circumstances. The state bans mechanical restraint.

When devices or equipment are used for their intended or prescribed purpose, mechanical restraint doesn’t apply. For example, seatbelts are generally not considered a mechanical restraint.

When Schools May Use Physical Restraint in West Virginia

School staff may use restraint to prevent a student from hurting any member of the school community or property. Staff must use reasonable force when restraining a student.

The goal with restraint is to protect the health and safety of the student being restrained as well as others. Schools must follow these guidelines when physically restraining a student:

  • The restraint is limited to the amount of reasonable force that’s necessary to address the emergency.
  • Restraint should at no point cause any sort of physical harm. This includes no restraint that:
    • Restricts breathing.
    • Prone, or facedown, restraint is generally considered to always restrict breathing
    • Placing pressure or weight on the chest, lungs, sternum, diaphragm, back, neck, or throat
  • School staff must discontinue the restraint as soon as the emergency that required the restraint no longer exists.
  • Students should at no point be deprived of basic human necessities.

While school districts must have staff who are trained on proper restraint, the West Virginia Board of Education states that, in the case of an emergency, any staff member may restrain a student.

What is Seclusion?

Seclusion refers to removing a student from a classroom or school activity as an intervention or as a consequence for inappropriate behavior. School staff leaves the student unsupervised in a room or space.

Beyond this definition in Expected Behavior in Safe and Supportive Schools, West Virginia doesn’t have any statewide laws or policies on seclusion. This means that each school district is responsible for setting its policies and determining when and how it will use seclusion. This can include banning seclusion.

Whatever your school district’s policy on seclusion, if you suspect your student has been secluded, contact the Education Law Team at the LLF National Law Firm.

Positive Behavior Supports

West Virginia is one of several states that has adopted preventative measures to address behavioral issues, with the goal of reducing the need for practices such as restraint and seclusion. The West Virginia Tiered System of Support (WVTSS) is a statewide framework to help support students’ academic, behavioral, and mental health needs. It isn’t a special education program, although it may work in partnership with a student’s special education accommodations, but it is a program that supports all students.

WVTSS uses a three-tier system to help provide all students with different levels of support. Tier 1 is the universal tier, while Tier 3 provides the most intensive support.

For students subjected to repeated restraint and seclusion incidents, one question is how and when the student’s school is using WVTSS and other preventative resources.

The WVTSS Problem-Solving Process

Schools are expected to have procedures for identifying students’ needs. By understanding what a student needs and where they require support, schools can help reduce the number of seclusion and restraint incidents as well as disciplinary action. The Department of Education recommends following a five-step process:

  • Identify and define needs
  • Gather and analyze data to define issues
  • Develop a plan
  • Implement and monitor the plan
  • Evaluate and adjust the plan

The final step is important. Initial support methods may not be effective. What sounds good on paper may not work in reality, and parents and guardians should be prepared to push for adjustments and revisions to better support a student’s success in school.

The Education Law Team at the LLF National Law Firm advocates for our clients to ensure their students get the support they require to succeed and to minimize restraint and seclusion incidents.

Protect Your Student

Your student has the right to an education, and they should be able to get that education free of fear. Restraint and seclusion undermine these goals and don’t solve the underlying behavioral problem.

If your child attends a K-12 school in West Virginia 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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