Restraint and Seclusion Laws in California
What are the restraint and seclusion rules in California?
California has among the nation's most restrictive laws governing the use of physical restraint and seclusion in schools, codified in Education Code §§ 49005–49006.4 (Article 5.2, enacted by AB 2657, effective January 1, 2019) and supplemented by EC §§ 56521.1–56521.2 (Hughes Bill framework). Seclusion and behavioral restraints may only be used when a pupil poses a clear and present danger of serious physical harm to themselves or others and no less restrictive alternative is available (EC 49005.4). Prone restraints, locked seclusion (except in licensed facilities), restraints that restrict breathing, and four-point restraints are categorically prohibited (EC 49005.8; EC 56521.2). For students with IEPs, EC 49006.4 cross-references EC 56521.1, which requires parent notification within one school day of any emergency intervention, an administrator review of all behavioral emergency reports, and—when the student does not have an existing Behavior Intervention Plan—an IEP team meeting scheduled within two days to determine whether a functional behavioral assessment or interim plan is needed.
What California Requires
Behavioral restraints and seclusion may only be used as a last resort when a pupil poses a clear and present danger of serious physical harm to self or others and no less restrictive alternative is available (EC 49005.4).
Prone restraints are categorically prohibited in all California schools (EC 49005.8; EC 56521.2).
Locked seclusion is prohibited except in facilities otherwise licensed or permitted by state law to use a locked room (EC 49005.8; EC 56521.2).
Restraints that obstruct breathing or apply pressure to the back or torso are prohibited; constant direct observation (not camera) is required for any pupil in seclusion (EC 49005.8).
Parent/guardian must be notified within one school day when an emergency intervention is used; a behavioral emergency report must be completed immediately documenting the incident, setting, staff involved, and any injuries (EC 56521.1(e)).
When an emergency report involves a student with an IEP who lacks an existing Behavior Intervention Plan, the administrator must schedule an IEP team meeting within two days to review the report and determine whether an FBA or interim plan is needed (EC 56521.1(g)).
Article 5.2 (EC 49005–49006.4) applies to all pupils including students with exceptional needs; for students with IEPs, the additional procedural protections of EC 56521.1(e)–(h) also apply (EC 49006.4).
Key Timelines
Parent/guardian notification: within one school day of any emergency intervention use (EC 56521.1(e)).
IEP team meeting (when student has no existing BIP): must be scheduled within two days of the behavioral emergency report (EC 56521.1(g)).
Annual reporting: LEAs must report restraint and seclusion data (disaggregated by race/ethnicity, gender, and IEP/504/neither status) no later than three months after the end of each school year (EC 49006).