Restraint and Seclusion Laws in Georgia
What are the restraint and seclusion rules in Georgia?
Georgia prohibits seclusion outright in all public schools and educational programs under Ga. Comp. R. & Regs. 160-5-1-.35 (effective July 29, 2010), adopted under authority of O.C.G.A. §20-2-240. Prone restraint, mechanical restraint, and chemical restraint are also categorically prohibited. Physical restraint is permitted only when a student is an immediate danger to himself or others and is not responsive to less intensive behavioral interventions including verbal directives or other de-escalation techniques. Physical restraint is expressly prohibited as a form of discipline or punishment, when the student cannot be safely restrained, or when contraindicated by the student's psychiatric, medical, or physical conditions as documented in educational records. Schools using physical restraint must maintain written policies, provide staff training as part of a program addressing a full continuum of positive behavioral intervention strategies and de-escalation techniques, and document each use of restraint per incident per student. Parents must receive written notification within one school day of each use of restraint.
What Georgia Requires
Seclusion is prohibited in all Georgia public schools and educational programs (Ga. Comp. R. & Regs. 160-5-1-.35(2)(a)).
Prone restraint, mechanical restraint, and chemical restraint are categorically prohibited (Ga. Comp. R. & Regs. 160-5-1-.35(2)(b)-(d)).
Physical restraint is permitted only when the student poses an immediate danger to himself or others and is unresponsive to less intensive interventions including verbal directives or de-escalation techniques (Ga. Comp. R. & Regs. 160-5-1-.35(2)(e)).
Physical restraint is prohibited as punishment, when the student cannot be safely restrained, or when contraindicated by the student's documented psychiatric, medical, or physical conditions (Ga. Comp. R. & Regs. 160-5-1-.35(2)(e)(1)(i)-(iii)).
Physical restraint must be immediately terminated when the student is no longer an immediate danger or is observed in severe distress (Ga. Comp. R. & Regs. 160-5-1-.35(2)(f)).
Schools must develop written policies governing physical restraint, provide staff training covering positive behavioral intervention strategies and de-escalation, and document each incident of restraint per student (Ga. Comp. R. & Regs. 160-5-1-.35(2)(g)-(h)).
Parents must receive written notification within a reasonable time not to exceed one school day of each use of physical restraint (Ga. Comp. R. & Regs. 160-5-1-.35(2)(g)(2)).
Training records must be maintained and made available to GaDOE or any member of the public upon request (Ga. Comp. R. & Regs. 160-5-1-.35(2)(h)).
Key Timelines
Parent notification must occur within one school day of each use of physical restraint (Ga. Comp. R. & Regs. 160-5-1-.35(2)(g)(2)).
Restraint must be immediately terminated when the student is no longer an immediate danger or shows severe distress — no minimum duration authorized (Ga. Comp. R. & Regs. 160-5-1-.35(2)(f)).
Periodic review procedures for restraint use and documentation must be established in written school policies (Ga. Comp. R. & Regs. 160-5-1-.35(2)(g)(5)).
Sources
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