End Seclusion and Restraint - New Jersey
New Jersey State Law: Seclusion and Restraint in Schools
P.L. 2017, c. 291
Since 2016, there have been joint efforts to legislate the use of seclusion and restraint on students. Initially introduced by Senators Kristin Corrado and Stephen Sweeney, along with Assembly Members John J. Burzichelli, Angela V. McKnight, David C. Russo, and Andrew Zwicker, this bill saw its journey conclude in 2018 when Governor Chris Christie signed it into law before his term ended. Originally labeled S1163/A501, the bill underwent revisions and is now recognized as P.L. 2017, c. 291.
Currently, New Jersey's laws on seclusion and restraint are missing some crucial elements. They lack clear definitions, adequate parental notification for seclusion events, protections for students without disabilities, and sufficient oversight. This leaves a large number of students vulnerable to these potentially harmful practices, while parents often aren't properly informed when these practices are being used. Additionally, there's a concern that school districts may not be fully reporting all incidents. Below, you'll find an overview and links to the existing laws and guidance in New Jersey concerning the use of seclusion and restraint techniques in schools.
What the bill does
The purpose of this bill is to protect students with disabilities from unsafe or inappropriate restraint or seclusion and to ensure transparency, accountability, and parent involvement.
Who the bill applies to
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Disabled Students who attend:
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Public Schools - Elementary or secondary educational institution that provides tuition-free education to all students, are primarily funded by taxpayer/property tax and are governed by local school boards and state departments of education.
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Educational Service Commissions - Public educational agencies established under New Jersey law are designed to provide programs and shared services to school districts, approved private schools, and other public entities.
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Approved Private Schools - Specialized institutions that are authorized to provide education to public school students whose Individualized Education Program (IEP) teams have determined that their local public schools are unable to sufficiently meet their unique needs.
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Definitions:
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Physical Restraint - 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.
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Seclusion technique - The involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout.
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Timeout - A behavior management technique that involves the monitored separation of a student in a non-locked setting, and is implemented for the purpose of calming.
Read New Jersey's primary legislation governing the use of physical restraint and seclusion for students.
When Seclusion and Restraint Can Be Used
Seclusion and restraint is permitted only in an emergency when a student’s behavior poses immediate physical danger to themselves or others.
Safety Requirements
During incidents where seclusion and restraint techniques are used, schools must ensure that there is continuous visual monitoring of the student, only trained staff member may engage in using these techniques, and procedures must align with board policy developed with a qualified training entity.
After Seclusion and Restraint is Used
What happens after a restraint incident differs from what happens after a seclusion incident occurs.
Parent Notification and Reporting After Restraint:
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Immediate verbal or electronic notice to parents when restraint occurs.
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A detailed written report within 48 hours.
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Documentation detailed enough to inform or revise the student’s Behavior Intervention Plan (BIP) at the next IEP meeting.
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All incidents must be reported through the Student Safety Data System (SSDS).
Parent Notification and Reporting After Seclusion:
*School districts may have differing policies about parental notification after a seclusion incident.
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Written documentation detailed enough to inform or revise the student’s Behavior Intervention Plan (BIP) at the next IEP meeting.
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All incidents must be reported through the Student Safety Data System (SSDS).
Are There Review and Oversight Requirements?
Schools must maintain a review process for:
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Repeated restraint or seclusion of a single student
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Patterns within a classroom
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Patterns involving a single staff member
and
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The NJDOE must issue guidance and maintain oversight procedures.
New Jersey DOE Guidance
for Seclusion and Restraint
The New Jersey Department of Education has made it clear that restraint and seclusion should only be used as last resort measures, specifically when a student’s behavior presents an immediate threat of serious physical harm to themselves or others. These guidelines align with the regulations set forth by IDEA, Section 504, and P.L. 2017, c.291. Additionally, the department underscores the importance of thorough documentation, promptly notifying parents, and strictly following all legal protections.
What is a Guidance and How Does it Differ From Law?
Think of laws as legally binding rules crafted by a legislative body. In contrast, guidance acts much like recommendations put forth by specific agencies. Essentially, guidance is a statement of general importance issued by an agency to inform the public about its policies or legal interpretations. The main differences between the two revolve around enforce-ability, creation, and scope.
Read the New Jersey Office of Special Education Guidance
Definitions:
The guidance expands on the definitions in the New Jersey law to include mechanical restraint.
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Mechanical Restraint - 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.
Guidance Principles
The guide incorporates US Department of Education’s national principles:
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Prevention first; restraint and seclusion only used for incidents that pose an imminent danger.
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Never use for discipline, coercion, retaliation, or staff convenience.
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Never restrict breathing or use mechanical restraints.
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Annual training in alternatives (PBIS) and safe use of techniques.
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Review patterns of seclusion and restraint (multiple incidents for a student, classroom, or staff member).
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Document every incident in detail for BIP creation and improvement.
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Parental notification of district policies and following each incident
Guidance Recommendation on How to Prevent Seclusion and Restraint
The NJ DOE positions restraint and seclusion as extraordinary measures, not behavioral tools, and directs schools toward proactive, evidence-based supports.
The guide strongly promotes NJ PBSIS (New Jersey Positive Behavior Support in Schools), a statewide multi-tiered system of support that:
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Reduces behavioral incidents and suspensions.
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Emphasizes prevention, SEL, routines, and positive climate.
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Uses data-driven decision-making.
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Provides targeted and intensive interventions before behaviors escalate.
