Restraint and Seclusion Laws in Nebraska
What are the restraint and seclusion rules in Nebraska?
Nebraska has a comprehensive restraint and seclusion law codified in Neb. Rev. Stat. §§ 79-254 to 79-263 (the 'Physical Restraint and Seclusion Act'). Physical restraint means restricting a student's freedom of movement through physical contact or mechanical restraint (Neb. Rev. Stat. § 79-255). Seclusion means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving (Neb. Rev. Stat. § 79-255). Both are permitted only in emergency situations when a student is in imminent danger of harming themselves or others, and only when less restrictive behavioral interventions would be ineffective (Neb. Rev. Stat. § 79-256). Prone (face-down) mechanical restraints are explicitly prohibited in Nebraska (Neb. Rev. Stat. § 79-256). Schools must notify the student's parent or guardian on the same school day a restraint or seclusion is used, or as soon as practical (Neb. Rev. Stat. § 79-258). A written report must be provided to the parent within two school days (Neb. Rev. Stat. § 79-258). Staff who use restraint or seclusion must be trained in crisis intervention (Neb. Rev. Stat. § 79-261). Schools must report data on restraint and seclusion use to NDE annually (Neb. Rev. Stat. § 79-263).
What Nebraska Requires
Physical restraint and seclusion may only be used in emergencies when a student poses imminent danger to self or others, and only when less restrictive behavioral interventions are ineffective (Neb. Rev. Stat. § 79-256).
Prone (face-down) mechanical restraints are explicitly prohibited (Neb. Rev. Stat. § 79-256).
Restraint and seclusion may not be used as punishment or for convenience; they must not restrict breathing or communication (Neb. Rev. Stat. § 79-256).
Parents must be notified on the same school day restraint or seclusion is used, or as soon as practical (Neb. Rev. Stat. § 79-258).
A written report documenting the incident must be provided to the parent within two school days (Neb. Rev. Stat. § 79-258).
Staff who use or supervise restraint or seclusion must be trained in crisis intervention techniques (Neb. Rev. Stat. § 79-261).
Schools must report annual data on restraint and seclusion use to NDE (Neb. Rev. Stat. § 79-263).
Key Timelines
Parent notification: same school day as the incident, or as soon as practical (Neb. Rev. Stat. § 79-258).
Written incident report to parent: within two school days (Neb. Rev. Stat. § 79-258).
Annual reporting of restraint/seclusion data to NDE required (Neb. Rev. Stat. § 79-263).
Repeated incidents should trigger IEP team review of behavioral supports and BIP (92 NAC 51-007.08; 34 CFR 300.324(a)(2)(i)).