Restraint and Seclusion Laws in Arkansas
What are the restraint and seclusion rules in Arkansas?
Arkansas has enacted a statutory framework governing physical restraint in schools under Ark. Code Ann. §§ 6-18-2401 through 6-18-2409 (Subchapter 24 — Student Restraints in Public Schools or Educational Settings). This law establishes that all students must be protected from unnecessary or inappropriate restraint, and requires evidence-based strategies to underpin behavioral protocols. Physical restraint is defined as a personal restriction that immobilizes or reduces a student's ability to move torso, arm, leg, or head freely. Key prohibitions include: prone restraint (face-down position with pressure applied to maintain the prone position), and any restraint that restricts a student's breathing. Use of abusive techniques must be reported to the Child Abuse Hotline and law enforcement. A Functional Behavioral Assessment (FBA) must be conducted following the first incident of physical restraint, unless a prior FBA addressed the same behavior (§ 6-18-2405). School personnel must document each incident within 24 hours (§ 6-18-2407), notify the parent verbally or electronically by end of the school day (or in writing within 48 hours if unable to reach by phone/electronic), and mail a copy of the Debriefing Report to the parent within 2 days of the debriefing meeting (§ 6-18-2407). The special education rules add that time-out seclusion, when used, must be authorized in the student's IEP and paired with a positive behavioral plan (Ark. Admin. Code 005.18.10-001, §20.00).
What Arkansas Requires
Prone restraint (face-down with pressure applied to maintain position) and any restraint restricting a student's breathing are prohibited in Arkansas schools (Ark. Code Ann. § 6-18-2405).
Physical restraint may only be used by appropriately trained school personnel, except in clearly unavoidable emergency situations (Ark. Code Ann. § 6-18-2405).
An FBA must be conducted following the first incident of physical restraint, unless a prior FBA addressed the same behavior (Ark. Code Ann. § 6-18-2405).
Each incident must be documented in a written report within 24 hours (Ark. Code Ann. § 6-18-2407).
Parents must be notified verbally or electronically by end of the school day; if unreachable within 24 hours, written notification must be mailed within 48 hours (Ark. Code Ann. § 6-18-2407).
A copy of the Physical Restraint or Seclusion Incident Record and Debriefing Report must be mailed to the parent within 2 days of the debriefing meeting (Ark. Code Ann. § 6-18-2407).
Time-out seclusion must be explicitly authorized in the student's IEP, including the behaviors that will result in its use, and must be paired with a behavioral plan providing positive reinforcement (Ark. Admin. Code 005.18.10-001, §20.00).
Abusive restraint techniques must be reported to the Child Abuse Hotline and law enforcement (Ark. Code Ann. § 6-18-2405).
Key Timelines
Written incident documentation: within 24 hours of the restraint (Ark. Code Ann. § 6-18-2407).
Parent verbal/electronic notification: by end of the school day on which the incident occurred (§ 6-18-2407).
Written parental notification if phone/electronic contact fails: within 48 hours (§ 6-18-2407).
Debriefing Report mailed to parent: within 2 days of the debriefing meeting (§ 6-18-2407).
FBA: following the first physical restraint incident (§ 6-18-2405).