Keeping Students Safe: Understanding Florida’s Laws on Restraint and Seclusion in Schools

February 25, 2023 - As a parent, you want your child to be safe and protected while at school. For students with disabilities, it is important to understand the laws governing the use of restraint and seclusion in Florida schools.

What is Restraint and Seclusion? Restraint refers to physically holding a student in order to control their behavior or movement, while seclusion is the involuntary confinement of a student in a room or area where they are unable to leave. These methods are sometimes used in schools to manage student behavior.

Florida's Regulations for the Use of Restraint and Seclusion In Florida, schools must follow strict guidelines when using restraint and seclusion on students with disabilities.

These guidelines include:

• Documenting and reporting any incident of restraint or seclusion within 24 hours

• Notifying the parents or guardians of the student in writing each time restraint or seclusion is used, and providing them with a copy of the incident report

• Prohibiting the use of mechanical restraint or manual or physical restraint that restricts a student's breathing

• Developing policies and procedures for incident-reporting, data collection and monitoring, training, and reducing the use of restraint and seclusion

What Should Be Included in the Incident Report? The incident report must include the following:

• The name, age, and disability of the student

• The duration and location of the restraint or seclusion

• The date and time of the event

• A description of the incident, including the context in which the restraint or seclusion occurred and the student's behavior leading up to it

• The name of the person using or assisting in the restraint or seclusion of the student

• The name of any nonstudent who was present to witness the restraint or seclusion

• Any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint or seclusion, documented according to district policies

• Evidence of steps taken to notify the student's parent or guardian

What Can Parents Do to Keep Their Children Safe?

As a parent, it is important to be informed and proactive when it comes to your child's safety. Here are some tips to keep in mind:

• Stay informed about your child's education rights and the laws governing special education in Florida

• Educate yourself on the school's policies and procedures for the use of restraint and seclusion

• If you have concerns or questions about the use of restraint and seclusion, discuss them with school staff and administrators

• Keep records of any incidents involving the use of restraint or seclusion on your child

• Contact an education lawyer who specializes in special education law if you need assistance navigating the complex world of special education

EducationLawyers.com

By understanding Florida's laws on restraint and seclusion in schools and taking an active role in your child's education, you can help ensure that your child stays safe and protected while at school. If you're facing issues with your child's education, including the use of restraint and seclusion, don't wait. Contact an education lawyer from EducationLawyers.com for assistance. Our attorneys practice in special education law and can provide guidance and representation to families who need help navigating the complex world of special education. Don't hesitate to get the help you need to ensure that your child's education is protected.