CLIENT ALERT

JANUARY 25, 2018

USE OF RESTRAINT AND SECLUSION ON STUDENTS WITH DISABILITIES

 
 
On or about January 15, 2018, former Governor Chris Christie signed Senate Bill 1163 into law. The new statute, effective immediately, supplements N.J.S.A. 18A:46 et seq. and “[e]stablishes certain requirements for use of restraint and seclusion on students with disabilities in school districts, educational services commissions, and approved private schools for students with disabilities.”
 
The new statute initially defines the following terms:
Physical restraint – the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body.
 
Seclusion technique – the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout.
 
Timeout – a behavior management technique that involves the monitored separation of a student in a non-locked setting, and is implemented for the purpose of calming.
 
The new statute then details the appropriate use of physical restraint and seclusion, and also provides procedures for staff members after restraining a student with disabilities:
Physical restraint:
o  May only be used in an “emergency,” when the student acts in a way that places the student or others in immediate physical danger.
 
o  Students should not be restrained in the “prone position,” lying flat with their chest facing the ground, unless the student’s primary care physician authorizes the use of such restraint in writing.
 
o  Staff members must receive annual training in safe techniques for physical restraint from an entity qualified to provide such training, as determined by the local board of education.
 
o  Staff must notify a parent or guardian of the student, by telephone or electronic communication, immediately after using physical restraint.
 
o  The school must provide parents with a full written report detailing the incident within 48 hours of the incident. This report should be utilized to develop or improve the student’s behavior intervention plan.
 
o  The school should minimize the use of physical restraints by using positive behavior supports suggested in the student’s behavior intervention plans.
 
Seclusion:
o  May only be used in an “emergency,” when the student acts in a way that places the student or others in immediate physical danger.
 
o  The school must document in writing the details of the incident. This report should be utilized to develop or improve the student’s behavior intervention plan.
 
o  The school should minimize the use of seclusion by using positive behavior supports suggested in the student’s behavior intervention plans.
 
The new statute also requires the Department of Education (“DOE”) to collect data regarding schools’ use of restraints and seclusions. Each school should record the number of times a physical restraint and/or seclusion technique was utilized; the type and duration of the restraint and seclusion; and the number of students on which a restraint or seclusion was used. This information should also include the student’s race, gender, and age. The DOE will review the collected data in order to provide assistance to schools with a high incidence of use of restraints or seclusions. The DOE will also provide guidelines on the review process that schools should use for examining the use of restraints or seclusions on students with disabilities.
 
Our firm is available to provide additional guidance and support regarding the use of restraint and seclusion on students with disabilities. Please feel free to contact our office if you have any questions or concerns implementing these new requirements.