Restraint and Seclusion Laws in Kentucky
What are the restraint and seclusion rules in Kentucky?
Kentucky's restraint and seclusion regulations are governed by 704 KAR 7:160, which applies to all public schools and educational programs. Physical restraint is defined as a personal restriction that immobilizes or reduces movement of a student's torso, arms, legs, or head, excluding temporary touching to encourage voluntary movement to a safe location. Seclusion is defined as involuntary confinement of a student alone in a room or area from which the student is prevented from leaving, and explicitly excludes classroom timeouts, supervised in-school detentions, and out-of-school suspensions (704 KAR 7:160). Both restraint and seclusion are permitted only when the student's behavior poses an imminent danger of physical harm to self or others, less restrictive interventions have proved ineffective, and appropriately trained personnel implement the measure (704 KAR 7:160). Chemical restraint, mechanical restraint, aversive behavioral interventions, life-threatening restraint, and prone or supine restraint positions are all prohibited. Restraint and seclusion may not be used as punishment, discipline, retaliation, or for staff convenience. Parent notification must occur verbally or by electronic communication as soon as possible within 24 hours; if the parent cannot be reached, written notice by U.S. mail follows. If the parent or emancipated youth requests a debriefing session, it must occur within 5 school days of the request; appropriate supervisory and administrative personnel conduct it and IEP/504 team members may be included where applicable (704 KAR 7:160, Sections 5(6)-(7)). When a student without IEP/504 status is restrained or secluded, the LEA must either refer for IDEA or Section 504 evaluation or document the basis for declining to refer.
What Kentucky Requires
Physical restraint and seclusion may only be used when student behavior poses imminent danger of physical harm, less restrictive interventions have been tried, and trained personnel implement the measure (704 KAR 7:160).
Prohibited practices include mechanical restraint, chemical restraint, aversive behavioral interventions, life-threatening restraint, prone/supine positions, and use as punishment, discipline, or retaliation (704 KAR 7:160).
Parent must be notified verbally or by electronic communication as soon as possible within 24 hours of any restraint or seclusion incident (704 KAR 7:160).
If requested by the parent or emancipated youth, a debriefing session must be held within 5 school days of the request. Required attendees: the restraint implementer, at least two proximate school personnel, the parent, and appropriate administrative personnel. IEP/504 team members may be included where applicable (704 KAR 7:160, Sections 5(6)-(7)).
Students without current IEP or Section 504 eligibility who are restrained or secluded must be either referred for IDEA or 504 evaluation, or the LEA must document the basis for declining to refer (704 KAR 7:160).tion 504 evaluation (704 KAR 7:160).
Written documentation must be maintained for each incident, including: behavior description, timing, techniques used, prior de-escalation attempts, injuries, parent notification date, and planned future behavioral supports (704 KAR 7:160).
Key Timelines
Parent notification must occur within 24 hours of any restraint or seclusion incident, verbally or electronically (704 KAR 7:160).
If requested by parent or emancipated youth, debriefing must occur within 5 school days of the request (704 KAR 7:160, Section 5(7)).