Restraint and Seclusion
Limitations on the use of restraint and seclusion are critical in order to prevent harm, abuse, and reduction in the quality of life of students with or without disabilities. When employed, they must be only in situations to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive, and if other specified conditions are met. Additionally, they must be used only by well trained staff, using specified strategies authorized by the school system.
Originally, California law pertaining to the use of restraints and seclusion during behavioral emergencies (AB 86) applied only to students with individualized education programs ("IEPs").
Effective January 1, 2019, due to the passage of Assembly Bill 2657 ("AB 2657"), educational providers cannot use behavioral restraints or seclusion on any student unless “to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive” (Education CodeSection 49005.4. AB 2657 adds sections 49005-49006 to the Education Code.
California State law, AB 2657, requires districts to adopt policies limiting use of restraint and seclusion that include comprehensive student protections, including the provision of mandatory training for school personnel and collection and reporting of such data.
More information, definitions, documentation and reporting requirements, and additional resources can be found at CDE: Use of Restraint and Seclusion .