Restraint and Seclusion Laws in Florida
What are the restraint and seclusion rules in Florida?
Florida Statute §1003.573, enacted in 2012 and subsequently amended, governs the use of restraint and seclusion for students with disabilities in public schools. Seclusion — defined as the involuntary confinement of a student alone in a room or area that prevents the student from leaving — is prohibited for all school personnel (F.S. §1003.573(2)). Mechanical restraint is likewise prohibited for general school personnel; an exception applies only for school resource officers, school safety officers, school guardians, and school security guards acting under F.S. §1006.12, who may use mechanical restraint for students in grades 6-12 (F.S. §1003.573(3)). Physical restraint is permitted only when all positive behavior interventions and supports have been exhausted and there is an imminent risk of serious injury to the student or others; only minimally necessary force may be used, and restraint must cease once danger subsides (F.S. §1003.573(3)). Prone (face-down) physical restraint is prohibited under F.S. §1003.573(3) as a pain-inducing technique; the statute broadly prohibits pain-inducing restraint techniques. Restraint may never be used as a disciplinary measure or to induce compliance. Written parent notification is required before the end of the school day on which restraint occurs (F.S. §1003.573(6)). An incident report must be completed within 24 hours of the student's release and mailed to the parent within 3 school days; signed parental acknowledgment of receipt is required (F.S. §1003.573(7)). Upon a student's second restraint in a semester, the school must develop a crisis intervention plan with the parent, school personnel, and applicable health professionals (F.S. §1003.573(6)). Each district must adopt policies covering incident reporting, data collection, staff training, and a restraint reduction plan (F.S. §1003.573(4)). Annual training is required for authorized personnel on positive behavioral interventions, risk assessment, safe restraint techniques, CPR, and medical emergency procedures (F.S. §1003.573(5)). Incident documentation must be submitted electronically each month school is in session to the school principal, district ESE director, and FDOE bureau chief; aggregate de-identified data is made available on the FDOE website on an ongoing monthly basis (F.S. §1003.573(8)).
What Florida Requires
Seclusion (involuntary confinement alone in a room preventing departure) is prohibited for all school personnel (F.S. §1003.573(2))
Mechanical restraint is prohibited for general school personnel; permitted only for school resource officers, school safety officers, school guardians, and school security guards under F.S. §1006.12, and only for students in grades 6-12 (F.S. §1003.573(3))
Physical restraint permitted only after exhausting positive behavioral interventions and only to prevent imminent serious injury; force must be minimally necessary and must cease once the danger subsides (F.S. §1003.573(3))
Pain-inducing restraint techniques are prohibited; restraint may not serve a disciplinary purpose or be used to force compliance (F.S. §1003.573(3))
Written parent notification required before the end of the school day on which restraint or seclusion occurs (F.S. §1003.573(6))
Incident report must be completed within 24 hours of the student's release from restraint (F.S. §1003.573(7))
Written incident report must be mailed to the parent within 3 school days; signed acknowledgment must be obtained (F.S. §1003.573(7))
Upon the second restraint in a semester, the school must develop a crisis intervention plan with the parent, school personnel, and applicable health professionals (F.S. §1003.573(6))
Each district must adopt policies covering incident reporting, data collection, staff training, and a restraint reduction plan (F.S. §1003.573(4))
Annual training required for authorized personnel on positive behavioral interventions, risk assessment, safe restraint techniques, CPR, and medical emergency procedures (F.S. §1003.573(5))
Incident documentation must be submitted electronically each month school is in session to the school principal, district ESE director, and FDOE bureau chief; aggregate de-identified data published on FDOE website on an ongoing basis (F.S. §1003.573(8))
Key Timelines
Parent notification in writing must be provided before the end of the school day on which restraint occurs (F.S. §1003.573(6))
Incident report must be completed within 24 hours of the student's release; if release is before a school closure (weekend, holiday), report due by end of first day school reopens (F.S. §1003.573(7))
Written incident report must be mailed to parent within 3 school days; signed acknowledgment of receipt required (F.S. §1003.573(7))
Crisis intervention plan required after a student's second restraint in a semester (F.S. §1003.573(6))
Incident documentation submitted monthly to principal, district ESE director, and FDOE bureau chief during each month school is in session (F.S. §1003.573(8))