Restraint and Seclusion Laws in Louisiana
What are the restraint and seclusion rules in Louisiana?
Louisiana's restraint and seclusion requirements are governed by La. R.S. 17:416.21 (enacted as Act 328 of 2011) and implemented through Bulletin 1706 (revised April 2012). Seclusion may only be used when a student's behavior presents an imminent risk of harm to self or others, as a last resort after other interventions fail. Physical restraint is limited to situations of imminent danger, must be applied only to the degree necessary, must not cause physical injury, and must not interfere with breathing or communication. Seclusion rooms must be safe, properly sized, observable, and have appropriate climate controls. The parent must be notified by phone call the same school day and in writing by the end of the next school day following the incident, including the reason, procedures used, duration, and names of staff involved. Incident reports must be submitted to the principal by the next school day. After three incidents in one school year, the IEP team must convene and revise the student's BIP (La. R.S. 17:416.21(E)). School boards must adopt written guidelines, post them publicly annually, and provide them to all parents of students with exceptionalities. The LDOE maintains a disaggregated incident database and publishes annual reports. Seclusion and restraint are prohibited as punishment, for noncompliance, self-stimulation, academic refusal, or for staff convenience.
What Louisiana Requires
Seclusion and physical restraint may only be used when a student's behavior presents an imminent risk of harm to self or others, only as a last resort, and only in a manner causing no physical injury or interference with breathing (La. R.S. 17:416.21(B)).
La. R.S. 17:416.21(B)
Seclusion and restraint are PROHIBITED as punishment, for noncompliance, self-stimulation, academic refusal, or for staff convenience (La. R.S. 17:416.21(B)).
La. R.S. 17:416.21(B)
Parents must be notified by phone the same school day and in writing by the end of the next school day after each seclusion or restraint incident, including reason, procedures, duration, and staff involved (La. R.S. 17:416.21(D)).
La. R.S. 17:416.21(D)
After three incidents of seclusion or restraint in one school year, the special education teacher must convene an IEP meeting to review and revise the student's BIP (La. R.S. 17:416.21(E)).
La. R.S. 17:416.21(E)
School boards must adopt written guidelines on seclusion and restraint use, post them on their websites annually, and provide them to all school employees and every parent of a student with an exceptionality (La. R.S. 17:416.21(F)).
La. R.S. 17:416.21(F)
Physical restraint must be performed by trained personnel except in true emergencies; school boards must meet minimum training specifications set by BESE (La. R.S. 17:416.21(C)).
La. R.S. 17:416.21(C)
Key Timelines
Phone notification to parent: same school day as incident (La. R.S. 17:416.21(D)).
Written notification to parent: by the end of the next school day following the incident (La. R.S. 17:416.21).
Incident report to principal: by next school day (La. R.S. 17:416.21(D)).
BIP review IEP meeting: required after third incident in one school year (La. R.S. 17:416.21(E)).
School board guidelines: posted publicly and provided to parents annually (La. R.S. 17:416.21(F)).