Seclusion and Restraint
When can a school use seclusion and/or restraint?
In North Carolina, schools may only use seclusion and/or restraint in limited circumstances. Specifically, a school can use seclusion and/or restraint when necessary for safety or self-defense, and when a student’s education plan (e.g. IEP, Section 504 Plan, or Behavior Intervention Plan) provide that these measures may be used.
When a school secludes a student, the space they use for the seclusion must be approved by the school district. While the student is in the seclusion space, the space must be monitored by an adult who can see and hear the student at all times, be equipped with appropriate lighting, ventilation, heating, and air conditioning, and be free of objects that unreasonably expose the student or other individuals to harm.
Does the school have to notify me if seclusion and/or restraint is used on my child?
Yes. If a student is secluded or restrained at school, the school must notify the principal if the actions resulted in physical injury to the student, if the seclusion was more than 10 minutes (or the time provided for on the student’s BIP). The principal must then notify the students’ parents. Additionally, the parents must receive a written incident report for the use of seclusion or restraint on a student.
The Law Office of Neubia L. Harris, PLLC represents parents/students in seclusion and restraint matters. Contact us today.