Restraint and Seclusion Laws in New Jersey
What are the restraint and seclusion rules in New Jersey?
New Jersey has specific statutory protections regarding the use of physical restraint and seclusion on students with disabilities, codified in N.J.S.A. 18A:46-13.4 through 18A:46-13.7 (P.L. 2017, c.291, expanded by P.L. 2021, c.387). Physical restraint is defined as the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of their body (N.J.S.A. 18A:46-13.4). Seclusion is defined as the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, excluding timeouts. Physical restraint may only be used in an emergency where the student is exhibiting behavior that places the student or others in immediate physical danger (N.J.S.A. 18A:46-13.5). Prone restraint is prohibited unless the student's primary care physician authorizes it in writing. Districts must ensure that staff involved in restraint receive annual training in safe techniques from a qualified entity. The parent or guardian must be immediately notified (verbally or electronically) when restraint or seclusion is used, and a written report must be provided within 48 hours. All incidents must be reported through the Student Safety Data System (SSDS). Districts must attempt to minimize the use of physical restraints through positive behavior supports in the student's BIP (N.J.S.A. 18A:46-13.5). A review process must be in place for repeated use of restraint or seclusion for an individual child, within a classroom, or by a single staff member (N.J.S.A. 18A:46-13.7).
What New Jersey Requires
Physical restraint may only be used in an emergency where the student places themselves or others in immediate physical danger (N.J.S.A. 18A:46-13.5).
Prone restraint is prohibited unless the student's primary care physician authorizes it in writing (N.J.S.A. 18A:46-13.5).
Staff involved in restraint must receive annual training in safe techniques from a qualified entity (N.J.S.A. 18A:46-13.5).
Parents must be immediately notified (verbally or electronically) when restraint or seclusion is used (N.J.S.A. 18A:46-13.5).
Districts must minimize restraint use through positive behavior supports in the student's BIP (N.J.S.A. 18A:46-13.5).
A review process must examine repeated use of restraint/seclusion for an individual child, within a classroom, or by a single staff member (N.J.S.A. 18A:46-13.7).
Key Timelines
Parents must be immediately notified (verbally or electronically) when physical restraint or seclusion is used (N.J.S.A. 18A:46-13.5).
A written report must be provided to parents within 48 hours of the restraint or seclusion incident (N.J.S.A. 18A:46-13.5).
Staff training in safe restraint techniques must be updated at least annually (N.J.S.A. 18A:46-13.5).
All restraint and seclusion incidents must be reported through the Student Safety Data System (SSDS) (P.L. 2021, c.387).