Restraint and seclusion is a highly controversial practice in the special education system involving holding students down physically or involuntarily locking students in seclusion rooms. [1] In United States public schools, the practices of restraint and seclusion are not regulated on the federal level. All but four of the 50 U.S. states have regulations on portions of these practices. [2]
Seclusion and restraint are often misused in both public and private schools causing severe injury and trauma for students. restraint and seclusion are often used as punishment for minor behavioral problems. [3] [4] these issues have caused people to call the practices a human rights issue, disabled rights issue, and civil rights issue. There is a recorded surveillance video of an 8 year old being dragged by 3 staff members into a seclusion room/padded cell with no windows. after the door had been opened he was found laying in his own blood. his mother had called it a battle between adults and a child and said "I challenge the experts to show us anywhere how this helps the behavior. How this isn’t traumatizing. Because you can’t. There is no positive thing that comes from this," Linda said. "It doesn't change behavior. It re-traumatizes children. And it opens them up to injuries and all other kinds of things. Why are you continuing to do this?" [5]
Seclusion can occur in any room someone can be locked alone in. most fit the definition for padded cells. [6] While most seclusion rooms could be called padded cells not all are padded. [7]
Restraints are defined by the U.S. Department of Education as "a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely". [8]
Prone restraints are a practice where students are physically held, face-down, on the floor. [8]
Seclusion is defined by the Department of Education as "the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving". [8]
Although these practices are not regulated at the federal level, federal guidelines suggest these practices should never be used except if a student's behavior "poses imminent danger of serious physical harm to self or others". [8]
Restraint and seclusion are legal in Connecticut. The acts were recorded to have taken place tens of thousands of times per year for over a decade, especially to Black students and students with autism. A bill introduced in 2023, SB 1200, would replace seclusion with a time-out in an unlocked room and limit when restraint is allowed. [9] [10]
Prone restraints are permitted in Vermont, though strictly limited. In 2022, Harwood Union Unified School District put a temporary halt to the practice while a task force would examine the district's use of the tactics. [8]
State laws on seclusion and restraint: [11]
| State laws | Regulation against use | Seclusion ban | Prone restraint ban | Mechanical restraint ban | Chemical restraint ban |
|---|---|---|---|---|---|
Alabama |  Partial | Partial |  | | |
Alaska | Partial | Partial | | | |
Arizona | Partial | Partial | | Partial | Partial |
Arkansas | Partial | Partial | | | |
California | Partial | Partial | | Partial | Partial |
Colorado | Partial | Partial | [N 1] | | |
Connecticut | Partial | Partial | | Partial | Partial |
Delaware | Partial | | | Partial | |
District of Columbia | Partial | Partial | | Partial | Partial |
Florida | Partial | | Partial | | Partial |
Georgia | | | | | |
Hawaii | | | | | |
Idaho |  | | | | |
Illinois | Partial | Partial | | | |
Indiana | Partial | Partial | Partial | | |
Iowa | Partial | Partial | | | |
Kansas | Partial | Partial | | | |
Kentucky | Partial | Partial | | | |
Louisiana | Partial | Partial | Partial | | Partial |
Maine | Partial | Partial | | | |
Maryland | Partial | Partial [N 2] | | | Partial |
Massachusetts | | | | | |
Michigan | Partial | Partial | | | |
Minnesota | Partial | Partial | | Partial | Partial |
Mississippi | Partial | Partial | | | |
Missouri | Partial | Partial | | Partial | [N 3] |
Montana | Partial | Partial | Partial | | Partial |
Nebraska | | | | | |
Nevada | Partial | | Partial | Partial | Partial |
New Hampshire | Partial | Partial | | | |
New Jersey | Partial | Partial | Partial | Partial | Partial |
New Mexico | Partial | Partial | | Partial | Partial |
New York | Partial | | Partial | Partial | Partial |
North Carolina | Partial | Partial | Partial | Partial | Partial |
North Dakota [N 4] | | | | | |
Ohio | Partial | Partial | | | |
Oklahoma | Partial | Partial | | | |
Oregon | Partial | Partial | | | |
Pennsylvania | Partial | | | Partial | Partial |
Rhode Island | Partial | Partial | Partial | Partial | |
South Carolina | | | | | |
South Dakota | Partial | Partial | | Partial | Partial |
Tennessee | Partial | Partial | | | |
Texas | Partial | Partial | | Partial | |
Utah | Partial | Partial | | | |
Vermont | Partial | Partial | | | |
Virginia | Partial | Partial | | | |
Washington | Partial | Partial | | Partial | Partial |
West Virginia | Partial | | | | Partial |
Wisconsin | Partial | Partial | Partial | | |
Wyoming | Partial | Partial | | | Partial |
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Abuse in special education usually refers to the use of restraint and seclusion, but can also refer to students being threatened with violence or staff withholding food. This abuse often leaves students with trauma and can leave the parents feeling guilt for the abuse.
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