Restraint and Seclusion Laws in New York
What are the restraint and seclusion rules in New York?
New York prohibits seclusion in all public schools and restricts physical restraint to situations of imminent danger of serious physical harm under 8 NYCRR §19.5, adopted in 2022. Physical restraint may only be used when less restrictive interventions and de-escalation have been or would be ineffective and there is no known medical contraindication. Prone (face-down) restraint and any restraint that restricts a student's ability to breathe or communicate are explicitly prohibited. Timeout — defined as monitored separation in a non-locked setting for de-escalation — is permitted under narrow conditions and may only be included in a student's behavioral intervention plan (BIP) per 8 NYCRR §200.22(c); it may never be used as punishment or discipline. Neither physical restraint nor timeout may appear as a planned intervention in an IEP, BIP, or Section 504 plan.
What New York Requires
Seclusion — defined as involuntary confinement of a student alone in a room or space from which the student is physically prevented from leaving or may perceive they cannot leave at will — is prohibited in all public schools (8 NYCRR §19.5(c)(1)(iii))
Physical restraint is permitted only when immediate intervention is necessary to prevent imminent danger of serious physical harm to the student or others, and less restrictive measures would not be effective (8 NYCRR §19.5(c)(1))
Prone (face-down) restraint is prohibited (8 NYCRR §19.5(d)(2)(iii)); mechanical restraint is prohibited as an aversive intervention (8 NYCRR §19.5(c)(1)(ii)); any restraint restricting breathing or communication is also prohibited (8 NYCRR §19.5(d)(2))
Neither restraint nor timeout may be used as discipline, punishment, retaliation, or as a substitute for positive behavioral intervention strategies (8 NYCRR §19.5(d)(2))
Physical restraint may not be listed as a planned intervention in an IEP, BIP, or Section 504 plan; timeout may only be authorized in a student's BIP per 8 NYCRR §200.22(c) and may not be used as a planned intervention outside a BIP (8 NYCRR §19.5(d)(2)(iv))
Timeout rooms must be unlocked, continuously monitored visually and auditorily, of adequate size, free of hazards, and safe; timeout is only permitted if authorized in the student's BIP under 8 NYCRR §200.22(c), or when there is an immediate concern for physical safety (8 NYCRR §19.5(d)(1)(i))
All staff must receive annual training on school policies, positive behavioral strategies, crisis prevention, and de-escalation (8 NYCRR §19.5(d)(7)(i)); staff who implement restraint or timeout must receive additional annual evidence-based training in safe procedures (8 NYCRR §19.5(d)(7)(ii))
Parent or guardian must be notified the same school day following any use of physical restraint or timeout; a copy of written incident documentation must be provided within three school days (8 NYCRR §19.5(d)(3)(i)-(ii))
Beginning with the 2024-25 school year, districts, BOCES, charter schools, and specified private schools must submit an annual report to NYSED on all restraint and timeout incidents and allegations of prohibited interventions (8 NYCRR §19.5(e))
Key Timelines
Parent notification required the same school day following any restraint or timeout incident (8 NYCRR §19.5(d)(3)(i))
Written incident documentation must be provided to parents within three school days of the incident (8 NYCRR §19.5(d)(3)(ii))
Annual staff training required each school year for all staff and for implementing staff (8 NYCRR §19.5(d)(7))
Annual district reports on restraint/timeout use required to NYSED beginning with the 2024-25 school year (8 NYCRR §19.5(e))