Restraint and Seclusion Laws in Alabama
What are the restraint and seclusion rules in Alabama?
Alabama regulates restraint and seclusion in schools primarily through Ala. Code § 16-28B and Ala. Admin. Code r. 290-3-1-.02(1)(f) (effective December 11, 2011). Seclusion — defined as isolating and confining a student in a separately locked area from which the student is physically prevented from leaving — is PROHIBITED in Alabama public schools and educational programs. Physical restraint is permitted only when a student is an immediate danger to themselves or others AND the student is unresponsive to less intensive behavioral interventions; restraint must be immediately discontinued when the student is no longer dangerous or shows severe distress. Any physical restraint that restricts the flow of air to the student's lungs is PROHIBITED regardless of position (face-down, face-up, or on side). Time-out (non-locked supervised separation) is distinguishable from seclusion and is permitted under specific conditions including a 45-minute maximum duration. Written parental notification of physical restraint must be provided within one school day of the incident. Alabama's 2023 law (Ala. Code § 16-39-13) requires local boards to install video cameras in self-contained special education classrooms when funding is available.
What Alabama Requires
Seclusion — isolation in a locked, physically separate area from which the student is physically prevented from leaving — is PROHIBITED in Alabama public schools (Ala. Code § 16-28B; Ala. Admin. Code r. 290-3-1-.02(1)(f)).
Physical restraint that restricts the flow of air to the student's lungs is PROHIBITED by any method including face-down, face-up, or on side (Ala. Admin. Code r. 290-3-1-.02(1)(f)).
Physical restraint may be used ONLY when a student is an immediate danger to themselves or others AND is unresponsive to less intensive behavioral interventions; restraint must cease immediately when danger ends or student shows severe distress (Ala. Admin. Code r. 290-3-1-.02(1)(f)).
Time-out (non-locked supervised separation) is permitted only with: proper lighting/ventilation/temperature; duration reasonable in light of purpose and age, not exceeding 45 minutes; adult monitoring in reasonable physical proximity with sight of the student; and space free of harmful objects (Ala. Admin. Code r. 290-3-1-.02(1)(f)).
Written parental notification of any physical restraint incident must be provided within one school day of the incident (Ala. Code § 16-28B).
Staff must be trained in prevention, de-escalation techniques, positive behavioral intervention strategies, and safe physical restraint use (Ala. Code § 16-28B; Ala. Admin. Code r. 290-3-1-.02(1)(f)).
Documentation of all physical restraint incidents must be submitted to ALSDE annually; written policies must be included in the LEA's code of conduct and/or student handbook (Ala. Code § 16-28B).
Ala. Code § 16-39-13 (enacted 2023) requires local boards of education to install video cameras in self-contained special education classrooms (where at least half of students receive special education) when funding is available (Ala. Code § 16-39-13).
Key Timelines
Written parental notification of physical restraint: within one school day of the incident (Ala. Code § 16-28B).
Documentation submitted to ALSDE: annually (Ala. Code § 16-28B).
Time-out duration: reasonable in light of purpose and age, not to exceed 45 minutes (Ala. Admin. Code r. 290-3-1-.02(1)(f)).