End Seclusion and Restraint - New Jersey
The 5 W’s of Seclusion and Restraint
Seclusion
Who can be secluded in New Jersey? New Jersey law, NJSA 18A:46-13.6 , only specifically applies to students with disabilities. The title of the section states “Use of seclusion techniques on students with disabilities.” Some believe that this is discriminatory and that only students with disabilities can be secluded. Others note that these techniques are used on students without disabilities and merely aren’t reported. In July of 2018 the NJ Department of Education adopted federal guidance regarding seclusion which includes 15 guiding principles. Principle 4 of the guidance states that the principles should apply to all students with or without disabilities.
What is seclusion? New Jersey law, NJSA 18A:46-13.4, defines seclusion as “the involuntary confinement of a student alone or area from which the student is physically prevented from leaving, but does not include time out.” As a practical matter seclusion can look like a child locked in a room or closet (with or without an adult present). It can include a child placed in a room where the door is blocked with mats. It can also include a child being surrounded with mats against a wall.
What seclusion can look like:
When can seclusion be used on a student? New Jersey law, NJSA 18A:46-13.6(1) states that seclusion is “used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger.” The USDOE guidance principle 3 further provides that the risk should be of “imminent danger of serious physical harm” and “where other interventions are ineffective.” The reality is that these tactics are often used punitively, for compliance, or before all possible accommodations and interventions are attempted. Like, one New Jersey first grader who was struggling in school one day. He begged to call his mom and dad, but his teachers would not let him. He got so upset that he began to throw papers which resulted in him being secluded by being surrounded by mats from which he desperately wanted to escape but wasn't able to.
New Jersey law states that seclusion is only legal after other interventions were ineffective. Ask yourself, if this child was denied access to a phone call home, was it a legal use of seclusion?
Where does seclusion happen? Seclusion is used in private special education schools, educational services commissions and even public schools! Many parents don’t realize that some schools build padded rooms right in general education classrooms. In practice, students are sometimes surrounded by mats in their classrooms or hallways, placed in un-padded rooms or placed in make shift spaces (such as boxes). Often times where their peers can view or hear them in distress.
Why is seclusion harmful? Seclusion poses significant risks and can be traumatic. It's physically dangerous for both students and teachers. This practice often results in trauma for students and secondary trauma for staff. Children subjected to seclusion may face mental health challenges like shutting down, regression, and increased behavioral issues. Teachers and paraprofessionals might experience guilt, depression, and burnout. Being isolated, trapped, and unable to escape is a devastating experience. Forced, involuntary seclusion is harmful to our students and should not be part of our schools.
Restraint
Who can be restrained in New Jersey? New Jersey law, NJSA 18A:46-13.5 , only specifically applies to students with disabilities. The title of the section states “Use of physical restraint on students with disabilities.” Just like with seclusion, some believe that this is discriminatory and that only students with disabilities can be secluded. Others note that these techniques are used on students without disabilities and merely aren’t reported. The NJ Department of Education's federal guidance regarding restraint which includes 15 guiding principles states that the principles should apply to all students with or without disabilities.
What is restraint? New Jersey law, NJSA 18A:46-13.4, defines physical restraint as "the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body." As a practical matter restraint can look like the examples depicted below. It can also include mechanical restraints (handcuffs and zip ties ) or chemical restraints (when medication is used to control a students behavior).
What restraint can look like:
Prone hold: refers to holding a student face-down on the floor or another surface while applying physical pressure to maintain that position. Typically multiple adults perform this hold on a student at a time.
Supine hold: refers to holding a student face-up on their back, either on the floor or another surface, while applying physical pressure to maintain this position.Typically multiple adults perform this hold on a student at a time.
Basket hold: refers to crossing a student's arms over their upper body. A staff member remains behind the client, securely holding their wrists.
When can restraint be used on a student? New Jersey law, NJSA 18A:46-13.5(1) states that physical restraint is “used only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger.” The USDOE guidance principle 3 further provides that the risk should be of “imminent danger of serious physical harm” and “where other interventions are ineffective.” The reality is that these tactics are often used punitively, for compliance, or in response to perceived disrespect and undesired behavior. Like, one New Jersey student who did not comply with school staffs orders to hand over a piece of paper. When the student verbally, they were put into a physical restraint.
New Jersey law states that restraint is only legal when the student is an "immediate danger" to themselves or others. Ask yourself, if this child only verbally refused to comply with an order, was it a legal use of restraint?
Where does restraint happen? Restraint is used in private special education schools, educational services commissions and even public schools! The most common techniques staff are trained in—such as supine and prone holds, standing holds, and escort restraints—are often taught through commercial crisis‑management programs. In practice, students may be held on the floor, pinned against walls, or physically blocked with staff bodies or portable mats, sometimes in full view of their peers.
Why is restraint harmful? Restraint is traumatic and potentially deadly. Not only for the student but for everyone involved. Children who experience restraint may isolate themselves, experience regression and are more likely to have increased behaviors. Teachers and paraprofessionals experience trauma as well, that can manifest as flashbacks or hypervigilance. It is a dehumanizing experience to be trapped, and unable to freely move your body. Schools are not supposed to feel like prisons and school staff shouldn't have to feel like sergeants or wardens. There are better ways to handle a student in crisis than restraint.
