Unsettled Standards: Examining State Laws on Restraint and Seclusion

Restraint and seclusion are practices used by educators to intervene when a student is in imminent danger of hurting themselves or others. These practices are often misused, resulting in negative long-term emotional, behavioral, and academic impacts on students and families. Although restraint and seclusion practices are recognized as dangerous and abusive, there is no U.S. federal legislation restricting their use, and states are tasked with developing their own protections for students. The United States Department of Education issued 15 guiding principles to assist states when developing laws governing the use of restraint and seclusion. The current study extends previous research by using micro-coding to analyze and compare how states address each of the 15 guiding principles. Across states, there were considerable inconsistencies in the number of principles covered in state laws and in how each principle was addressed. Recommendations are provided for policymakers at the district and state levels as they review and revise policies and laws to more consistently address the 15 guiding principles and better protect students from the misuse of restraint and seclusion practices.