Restraint and Seclusion Laws in Hawaii
What are the restraint and seclusion rules in Hawaii?
Hawaii's restraint and seclusion policies for students in schools are governed by HAR Title 8, Chapter 19 (HAR § 8-19), which applies to all students including those with disabilities. Chapter 19 was significantly updated and establishes comprehensive requirements for the use of physical restraint and seclusion in Hawaii public schools. Key provisions include: physical restraint and seclusion may only be used in emergency situations when there is a risk of imminent serious bodily harm to the student or others and less restrictive interventions have been exhausted; written parental notification is required by the end of the school day when restraint or seclusion is used; if notification by end of day is not possible, notification must occur as soon as practicable; an incident report must be completed and submitted to HIDOE within one school day; cumulative use (three or more incidents in a school year) triggers a mandatory review; prone (face-down) restraints are prohibited unless one of very limited safety exceptions applies; and mechanical restraints that restrict breathing are prohibited. HIDOE must provide annual training for all school staff on de-escalation and less restrictive behavioral supports. HAR § 8-19 reflects Hawaii's commitment to reducing the use of restrictive interventions through positive behavior support frameworks.
What Hawaii Requires
Physical restraint and seclusion may only be used in emergency situations where there is imminent risk of serious bodily harm and less restrictive interventions have been exhausted or are not feasible (HAR § 8-19-6).
Written notification to parents/guardians is required by the end of the school day when physical restraint or seclusion is used; if end-of-day notification is not possible, it must occur as soon as practicable (HAR § 8-19-9).
An incident report must be completed and submitted to HIDOE within one school day of the incident (HAR § 8-19-9).
Prone (face-down) restraints are prohibited except in very limited safety situations; mechanical restraints that restrict breathing are absolutely prohibited (HAR § 8-19-5).
When three or more incidents of restraint or seclusion occur within a school year, a mandatory review of the student's behavior support plan must be conducted (HAR § 8-19-10).
All school staff must receive annual training on de-escalation techniques, positive behavioral supports, and the requirements of HAR § 8-19 (HAR § 8-19-12).
HIDOE must collect and report data on the use of restraint and seclusion, contributing to statewide monitoring of compliance with HAR § 8-19 (HAR § 8-19-11).
Key Timelines
Parent/guardian notification: by end of school day when restraint or seclusion is used, or as soon as practicable if end-of-day notification is not possible (HAR § 8-19-9).
Incident report: must be submitted to HIDOE within one school day of the incident (HAR § 8-19-9).
Three or more incidents in a school year: mandatory review of behavior support plan must be conducted (HAR § 8-19-10).
Annual training: all school staff must receive training in de-escalation and positive behavioral supports each school year (HAR § 8-19-12).