Seclusion+&+Restraint

HB 1032
Since 2005, House Bill 1032--also known as the Deborah Greenblatt Act--has established the legal guidelines for seclusion and restraint in schools. While this law is neither new nor specific to students with disabilities, school administrators should remain vigilant in maintaining compliance with HB 1032. Since students with disabilities tend to disproportionately receive seclusion and restraint by school personnel, principals and assistant principals should pay special attention to this law in the context of programs for exceptional children.

In particular, schools should attend more carefully to these two areas in the law: the training requirements and the definition of seclusion. Many schools and school systems initially responded to the passage of the law by commencing training on de-escalation and crisis intervention. However, as schools experience turnover, it is important to continually ensure that crisis intervention teams consist of an adequate number of staff members with current certifications.

With regard to seclusion, school staff members may need to be reminded of the distinctions between seclusion, isolation and time-out. While the law does not prohibit time-out, it is possible that some teachers’ “time-out” practices actually fit the definition of seclusion. Consider reviewing these definitions with your staff members.

Also, the law’s requirement for documentation and notification primarily focuses on incidents of prohibited acts, physical injury, or seclusion in excess of 10 minutes (or the length of time specified in the student’s behavior management plan). However, in most cases, a good practice is to include routine documentation and regular parent notification even for the permitted uses of seclusion and restraint. Even when clearly beyond the requirements of the law, such documentation can be helpful for revising behavior intervention plans, adjusting crisis response protocols, and fostering a collaboration with families and systems of support.