Restraint and Seclusion Laws in New Hampshire
What are the restraint and seclusion rules in New Hampshire?
New Hampshire has robust state-law protections governing physical restraint and seclusion in schools, codified in RSA 126-U and implemented through Ed 1200 administrative rules. Both practices are permitted only in genuine emergencies when there is a substantial and imminent risk of serious bodily harm and all other interventions have failed or been deemed inappropriate. Mechanical and medication restraints are categorically prohibited in schools; only physical restraint is allowed. Schools must have written policies, provide parent notification as soon as practicable (no later than the child's return to the parent or end of business day, whichever is earlier), submit written incident reports within five business days, and review the IEP or 504 plan of any student with a disability following a first use of restraint or seclusion.
What New Hampshire Requires
Restraint and seclusion may only be used when there is a substantial and imminent risk of serious bodily harm to the student or others and all other interventions have failed or been deemed inappropriate (RSA 126-U:5; RSA 126-U:5-a).
Schools are limited to physical restraint only; medication restraint and mechanical restraint (e.g., zip-ties, handcuffs, straps) are expressly prohibited in school settings (RSA 126-U:6; Ed 1203.03(c)(1)).
Prohibited techniques include prone restraint, any technique that obstructs breathing, compresses the chest or abdomen, restricts blood circulation, covers the face, or causes intentional pain, humiliation, or emotional trauma (RSA 126-U:4).
Restraint may not continue beyond 15 minutes without supervisor approval; a face-to-face assessment of the student's wellbeing is required within 30 minutes and must be repeated at least every 30 minutes thereafter (RSA 126-U:11).
Seclusion rooms must have adequate heating, cooling, lighting, and ventilation; a designated co-regulator must monitor the student at regular intervals not to exceed 30 minutes; locked rooms must allow emergency exit (RSA 126-U:5-b).
Following the first use of restraint or seclusion on a student with an IEP or 504 plan, the school must review and, if necessary, adjust the plan to reduce future incidents; parents may request a review meeting after any subsequent incident (RSA 126-U:14; Ed 1202.01(d)).
Each school must adopt a written behavioral management policy consistent with RSA 126-U:2 and provide a copy to each student's parent or guardian (Ed 1202.01).
Key Timelines
Verbal notification to parent or guardian must occur as soon as practicable and no later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier (RSA 126-U:7, Para. I).
A written incident report must be submitted to the school director or designee within 5 business days of the incident (RSA 126-U:7, Para. II; Ed 1202.02(b)).
The director or designee must transmit the written report to the parent or guardian within 2 business days of receiving it (RSA 126-U:7, Para. III).
The NH State Board of Education reports aggregate data (number and location of incidents, status of investigations) annually by November 1 to the chairpersons of the education committees of the senate and house of representatives (RSA 126-U:8, Para. II).