Restraint and Seclusion Laws in Missouri
What are the restraint and seclusion rules in Missouri?
Missouri's restraint and seclusion laws for students are governed by RSMo 160.263, effective for all school years beginning on or after July 1, 2022. The statute applies to school districts, charter schools, and publicly contracted private providers. Missouri defines three types of restraint: mechanical restraint (use of devices to restrict movement), physical restraint (physical contact restricting movement), and prone restraint (face-down positioning). Seclusion is defined as involuntary confinement of a student alone in a room or area the student is physically prevented from leaving; the definition excludes timeouts, in-school suspension, and detention. Seclusion may only be used when there is imminent danger of physical harm to self or others; the student must be released immediately when the danger ceases. Missouri prohibits restraint techniques that: obstruct the student's airway or facial view; apply pressure to chest, abdomen, or back that restricts breathing; cover the face; impede blood circulation; restrict the ability to communicate; or intentionally cause pain. Parents must be notified within one hour after the school day ends, and a written incident report must be provided within five school days. The incident report must be submitted to DESE within 30 days. Personnel who use seclusion or restraint must complete annual mandatory training in the specific techniques used.
What Missouri Requires
Seclusion may only be used when there is imminent danger of physical harm to self or others; the student must be released immediately when danger ceases (RSMo 160.263).
Prohibited restraint techniques include: obstructing airway or facial view, applying pressure to chest/abdomen/back that restricts breathing, covering the face, impeding blood circulation, restricting ability to communicate, and intentionally causing pain (RSMo 160.263).
Parents must be notified within one hour after the school day ends following any use of seclusion or restraint (RSMo 160.263).
A written incident report must be provided to parents within five school days containing the date, time, location, duration, description, methods used, reason, interventions tried, and any injuries (RSMo 160.263).
Incident reports must be submitted to DESE within 30 days (RSMo 160.263).
Personnel who use seclusion or restraint must complete annual mandatory training in the specific techniques the district uses (RSMo 160.263).
Districts have been required to adopt written seclusion and restraint policies since July 1, 2011; policies were required to be updated before July 1, 2022 to incorporate newly prohibited restraint techniques (RSMo 160.263).
Key Timelines
Parent notification within one hour after the school day ends following any seclusion or restraint incident (RSMo 160.263).
Written incident report to parents within five school days (RSMo 160.263).
Incident report submitted to DESE within 30 days (RSMo 160.263).
Annual mandatory training for personnel who use seclusion or restraint (RSMo 160.263).
Written seclusion and restraint policies required effective July 1, 2022 (RSMo 160.263).