Restraint and Seclusion Laws in Nevada

What are the restraint and seclusion rules in Nevada?

Nevada has a detailed law governing restraint and seclusion for students with disabilities under NRS 388.471-388.515. All aversive interventions are prohibited in Nevada schools (NRS 388.471 et seq.). Aversive intervention is defined broadly under NRS 388.471 to include the placement of a person alone in a room where release is prohibited by a lock, device, or object — meaning most forms of traditional seclusion are classified as prohibited aversive interventions. Physical restraint may only be used in genuine emergencies where the student poses an immediate threat of physical injury to themselves or others, or to prevent imminent severe property damage. When physical restraint is used, it must be reported in the student's cumulative record and confidential file within 1 working day, and a copy of the report must be provided to the school district board or its designee, the student's IEP team, and the parent or guardian (NRS 388.501). If a student with a disability has 3 reports of physical restraint in one school year, the IEP team must meet to review and potentially amend the IEP. If a student has 5 reports, the IEP must be formally reviewed and must include additional methods — including mentoring, training, a functional behavioral assessment, a positive behavior plan, and positive behavioral supports — to prevent continued use of restraint (NRS 388.501). School district boards must provide annual training to staff authorized to use physical restraint (NRS 388.511). Annual district reports on restraint use and violations must be submitted to NDE by August 15 of each year, and NDE compiles and submits a statewide report to the Legislature (NRS 388.515).

What Nevada Requires

All aversive interventions are prohibited in Nevada schools, including placement of a student alone in a room where exit is blocked by a lock, device, or object (NRS 388.471 et seq.).

Physical restraint may only be used in an emergency where the student poses an immediate threat of physical injury or imminent severe property damage (NRS 388.471).

Any use of physical restraint must be reported within 1 working day in the student's cumulative record and confidential file; copies must go to the school district board or designee, the IEP team, and the parent or guardian (NRS 388.501).

Three restraint reports in one school year: the IEP team must convene to discuss and potentially amend the IEP (NRS 388.501).

Five restraint reports in one school year: the IEP must be formally reviewed and must include additional strategies — FBA, positive behavior plan, positive behavioral supports, mentoring, and training — to prevent continued restraint (NRS 388.501).

School district boards must provide appropriate training to all staff authorized to carry out and monitor physical and mechanical restraint (NRS 388.511).

Annual reports on restraint use and violations must be submitted to NDE by August 15 each year; NDE compiles and submits a statewide report to the Legislature (NRS 388.515).

Key Timelines

Report of physical restraint use: must be entered in student records and provided to board, IEP team, and parent/guardian within 1 working day (NRS 388.501).

Three restraint incidents in one year: IEP team must convene (NRS 388.501).

Five restraint incidents in one year: IEP must be formally reviewed and updated with positive behavioral supports (NRS 388.501).

Annual district reports on restraint: due to NDE by August 15 each year (NRS 388.515).

Sources

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