PFA Tips: Restraints and Seclusion at School
By Shelly McLaughlin, Pathfinders for Autism, the National Autism Association, and Leslie Margolis, Disability Rights Maryland
Download a printable version of “Restraints and Seclusion at School”
Restraint is physical force used to immobilize or reduce the ability of the individual to move their limbs. Seclusion is involuntary confinement alone in a space from which the individual is prevented from leaving. Exclusion is the removal of an individual to a separate space from which they can leave voluntarily. Maryland’s education regulations allow the use of exclusion, restraint, and seclusion only after less restrictive or alternative approaches have been attempted or determined not to be feasible.
P.O.S.I.T.I.V.E Tips for Parents
Federal law does not currently address restraint or seclusion in schools, so check your state’s policies and law. This fact sheet focuses on Maryland law. If you’re worried about your child’s safety, remember to stay P.O.S.I.T.I.V.E. by using these tips:
P. Prepare
Prepare to address safety concerns by documenting any known meltdown triggers in the classroom). Federal special education law requires the use of positive behavior strategies for students whose behavior interferes with their or others’ learning in the class. Positive behavior supports can be addressed in an IEP, a behavior intervention plan, or Section 504 plan.
O. Open the discussion
Seclusion is prohibited in Maryland’s public schools. Restraint in public and nonpublic schools and seclusion in nonpublic schools may only be used if the student poses a substantial likelihood of imminent serious physical harm. Maryland law allows parents to refuse to consent to the inclusion of restraint and seclusion on an IEP, although these interventions can be used if the “imminent serious physical harm” standard is met. Your child’s school must document each instance of restraint or seclusion and you must be notified of the incident.
S. Submit
Submit letters to your child’s school or in their IEP outlining any special safety requirements or requests. Include a “no restraint or seclusion” letter stating that your child is never to be secluded, and should only be restrained as a last-resort measure in the face of imminent danger. Be sure to note any medical contraindications (obesity asthma, GI, heart issues, etc.) to restraint.
I. Inform
Inform school personnel about your child’s meltdown triggers, calming methods, and de-escalation techniques by creating a student profile sheet. This one-sheeter is a basic “do’s and dont’s” guide, with a photo of your child and provides basic, yet critical, information including emergency contact numbers, and a reminder to call you instead of police in the event of a meltdown.
T. Team up
Rely on others by teaming up with a trusted teacher, parent volunteer, even student who can look out for your child. Keep an open dialogue so you know and understand what’s happening inside and outside of the classroom during your child’s school day. Continue to ask about your child’s mood, progress, social opportunities, peer interactions, and behaviors during non-classroom times, such as lunch and recess.
I. Invite
Invite feedback and recommendations from school staff, IEP team members, and therapists. While we tend to know our children best, behaviors may differ in the school setting. It’s a team effort, and both parties should be able to develop, agree upon, and incorporate strategies into both settings for maximum consistency.
V. Volunteer
Donate your time in the classroom, during field trips or fundraisers, and in the school’s PTO or PTA. Be an active participant and
supporter of your child’s teachers, and the rest of the school staff. The more positive participation you have within the school, the better the relationship will be among all of those caring for your child.
E. Educate
Educate your child about dangers, consequences, and ways to stay safe. While language deficits may make it difficult to gauge your child’s understanding of the information presented, continue to speak it, write it, and show it through a picture system, social story or other preferred method. The goal is for your child to know and understand dangers, how to communicate abuse, and most of all, self-protection.
Ask your child what happened
Ask your child for their account of the events surrounding the restraints or seclusion. Speak using your child’s preferred method of communication. Take written notes of your child’s explanation.
Speak to the school administration
Request to speak to the school’s principal or a building administrator for details of the incident. Ask what happened, what protocol was followed, who was involved, and request a written copy of the incident report.
If necessary, call 911
If you arrive at school and you believe your child has been injured, call 911 and file a police report.
Take pictures
Take pictures of any bruises, cuts, or markings on your child. If possible, take a picture of the restraints that were used, or photograph the seclusion room.
See your pediatrician
If your child has sustained any markings or injuries due to the restraints or seclusion, take your child to your pediatrician to document the injuries.
Call the Department of Social Services
If your child has been injured, or if a staff person has restrained your child in a way that does not comply with regulations, or has injured your child while implementing a restraint, contact your local Department of Social Services (DSS). The school is also obligated to call DSS whenever abuse is suspected. Find your local department.
Notify your county school system’s Director of Special Education
Call the Director of Special Education. Do not assume that the school will inform your county’s central administration about the incident. Follow-up with a written email so that you have a record of the conversation. You may also want to copy your county school’s Compliance Officer. To find the contact information for your county’s Director, Pathfinders’ online provider database, select County Public School Systems, choose your county, and locate the record labeled Special Education.
Call Disability Rights Maryland
Disability Rights Maryland is the protection and advocacy agency for Maryland, part of a national network of nonprofit organizations created by Congress to safeguards the legal rights of individuals with disabilities, including the right to be free from abuse or neglect based on disability. Limited staffing and resources preclude DRM from taking every request for representation or investigation, but the organization collects information about the use of restraint and seclusion in schools and may be able to represent or investigate. DRM’s Intake Department is open Monday through Friday from 9 AM to 5 PM. Call 410-727-6352 ext.0.
Call the Maryland State Department of Education (MSDE)
Call MSDE’s Division of Special Education/Early Intervention Services Family Support Services at 800-535-0182. At any time you can call to request assistance from a Family Support Program Specialist.
Seek the help of a psychologist
If your child is feeling trauma or anxiety from the experience, consult with a psychologist. Do not be afraid to see a therapist yourself if you are having a hard time coping with your child’s incident. To find psychologists, visit Pathfinders’ online provider database, select Medical, and choose Psychologist, Child or Adult.
Request in writing an IEP meeting
Review your child’s Individualized Education Program (IEP). Be aware if restraints, exclusion, or seclusion are included in your child’s behavior plan, which is a part of the IEP. If you need help understanding your IEP, contact MSDE’s Division of Special Education/Early Intervention Services Family Support Services at 800-535-0182.
The “P.O.S.I.T.I.V.E. Tips for Parents” is credited to “Restraint & Seclusion: A Guide for Autism” by the National Autism Association.
Special thanks to Leslie Margolis, Disability Rights Maryland, for reviewing and contributing to this article.
Additional Resources:
Student Behavior Interventions: Physical Restraint and Seclusion Date: July 2019 Supplement to the MSDE Division of Student Support, Academic Enrichment, and Education Policy Guidance Document for General Education: Student Behavior Interventions: Restraint & Seclusion Date: 7/22/2019
“Restraint and Seclusion: Resource Document” from the U.S. Department of Education
APRAIS – The Alliance to Prevent Restraint, Aversive Interventions and Seclusion
Wrightslaw – Abuse and Restraints in School
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