Restraint and Seclusion Laws in Michigan
What are the restraint and seclusion rules in Michigan?
Michigan has comprehensive legislation governing restraint and seclusion in schools enacted as a package of Public Acts in 2016 (PA 394) and codified in MCL 380.1307a through MCL 380.1307h of the Revised School Code. Emergency seclusion and emergency physical restraint may only be used if a student presents a danger to themselves or others and only if essential to provide for physical safety — they may not be used in place of less restrictive interventions, as punishment, or for staff convenience (MCL 380.1307c). Prone restraint (face-down physical restraint) is not explicitly prohibited by the statute's text but MDE strongly discourages it and ISDs/districts adopt policies prohibiting it. Seclusion is defined as involuntary confinement of a student alone in an area from which they are physically prevented from leaving. Restraint includes physical restraint (restricting torso, arms, legs, or head movement) and mechanical restraint (using devices to limit movement) — but not physical guidance or prompting, therapeutic holding, or proper use of safety equipment. Corporal punishment is prohibited under all circumstances (MCL 380.1307b). Each use of seclusion or restraint must be reported to building administration and the parent/guardian on the same school day — orally or in writing — and a written report must be provided to the parent within the earlier of 1 school day or 7 calendar days (MCL 380.1307d). If a student exhibits a pattern of behavior that could result in future emergency seclusion or restraint, school personnel shall develop a written emergency intervention plan in partnership with the parent (MCL 380.1307e). All districts and ISDs were required to adopt local policies consistent with state law by the 2017–2018 school year (MCL 380.1307a).
What Michigan Requires
Emergency seclusion and physical restraint may only be used when a student presents an imminent danger to themselves or others, and only if essential for physical safety — not as punishment or in place of less restrictive interventions (MCL 380.1307c).
Corporal punishment is prohibited under all circumstances in Michigan schools (MCL 380.1307b).
Each use must be reported to building administration and to the parent/guardian on the same school day (orally or in writing), with a written report to the parent within the earlier of 1 school day or 7 calendar days (MCL 380.1307d).
If a student exhibits a pattern of behavior that could result in future restraint/seclusion, a written emergency intervention plan must be developed in partnership with the parent — this plan must be incorporated into the IEP or behavior support plan (MCL 380.1307e).
All districts and ISDs must have local policies consistent with MCL 380.1307a–h — these policies must have been in effect by the 2017–2018 school year (MCL 380.1307a).
MCL 380.1307b also requires schools to adopt positive behavioral support systems — proactive supports are legally required, not optional.
Key Timelines
Each use must be reported to building administration and parent/guardian on the same school day — orally or in writing (MCL 380.1307d).
A written report must be provided to the parent within the earlier of 1 school day or 7 calendar days after each use (MCL 380.1307d).
School personnel must make reasonable efforts to consult with the parent following any use to discuss the incident and review whether the emergency intervention plan should be updated (MCL 380.1307d; MCL 380.1307e).
Districts were required to adopt local policies by the 2017–2018 school year (MCL 380.1307a).