Every Child Deserves A Meaningful Education

Can school staff restrain or seclude a child with special needs?

On Behalf of | Jul 12, 2024 | Special Education Law |

Federal law and California state regulations protect the rights of people with special needs. Children with special needs have the right to attend public school with their peers in many cases. Whenever possible, keeping children in mainstream classroom environments is a priority.

School districts help create individualized educational programs (IEPs) as a way of helping children with special needs thrive. An IEP typically outlines the type of support that a school should provide, ranging from interventions during standardized testing to accommodations involving assistive technology.

Sometimes, schools fail to provide necessary support for children with special needs. Other times, schools engage in behavior that seems like a violation of a child’s rights or that may put them at risk of physical injury. Can school employees use restraints or move a child to an isolated space for a period of seclusion in California?

The law limits aggressive interventions

Under current California statutes, schools should do their best to reduce potentially harmful interventions. The law does permit the use of restraints or isolation in emergency situations. If staff members reasonably believe that a child poses the risk of harm to themselves, other students or school employees, then the emergency use of physical restraint techniques or isolation could be necessary. In cases involving a child who displays aggressive or unpredictable conduct, an IEP may include specific rules exploring the occasional need to restrain or seclude a child.

Unfortunately, those working at school sometimes lose their cool and act for their own convenience instead of in accordance with the law and an IEP. It is more common than many professionals readily admit for school workers to improperly restrain or seclude a child.

What happens after inappropriate school staff conduct?

Parents have a variety of options available when they learn that a school has improperly restrained or isolated a child with special needs. In some cases, reevaluating and adapting the IEP to limit or prohibit those practices is the right step to take. Other times, parents may need to make the difficult decision to move their child to a different school due to the inability of the current institution to meet the child’s needs. Other times, the issue may be so egregious that it warrants a lawsuit.

Reviewing a student’s IEP and the records of an unfortunate incident with the assistance of a skilled legal team could help parents determine their best path forward after the use of restraints or seclusion at a school. Parents often need to speak up, as they may be the only people advocating for the well-being and best interests of their children with special needs.