Restraint and Seclusion Laws in North Carolina
What are the restraint and seclusion rules in North Carolina?
North Carolina has a comprehensive statutory framework governing the use of restraint and seclusion in public schools under N.C.G.S. §115C-391.1. The statute applies to all students but has direct IEP implications for exceptional children: physical restraint or seclusion may be specified in a student's IEP, Section 504 plan, or behavior intervention plan, but only within the statutory limits. Aversive procedures — defined as systematic physical or sensory interventions that cause or may be expected to cause significant physical harm, serious long-term psychological impairment, or obvious repulsion on the part of observers who cannot reconcile extreme procedures with acceptable standard practice — are entirely prohibited in all NC public schools. Physical restraint is permitted only when reasonably necessary for safety (e.g., imminent threat, weapons, self-defense, or per an IEP/behavior plan), and mechanical restraint is prohibited except as an assistive technology device included in an IEP or Section 504 plan. Seclusion is permitted only in narrowly defined circumstances, including when specified in the student's IEP or behavior intervention plan, and always requires continuous adult monitoring within sight and sound of the student. Parents must be notified promptly — defined as by the end of the workday when reasonably possible, but no later than the following workday — for reportable incidents. A written incident report must be provided to parents within 30 days.
What North Carolina Requires
Aversive procedures are entirely prohibited in all NC public schools — no exceptions (N.C.G.S. §115C-391.1(h))
Physical restraint is permitted only when reasonably needed for safety purposes including imminent threat, weapons, self-defense, safe escort, preventing property destruction, or when specified in the exceptional child's IEP, Section 504 plan, or behavior intervention plan (N.C.G.S. §115C-391.1(c))
Mechanical restraint is prohibited except when used as an assistive technology device included in the exceptional child's IEP or Section 504 plan (N.C.G.S. §115C-391.1(d))
Seclusion is permitted only when responding to imminent safety threats or when specified in the exceptional child's IEP, Section 504 plan, or behavior intervention plan — and always requires continuous adult monitoring in close proximity with sight and sound (N.C.G.S. §115C-391.1(e))
Parent or guardian must be promptly notified (by end of workday, or no later than end of following workday) for reportable incidents including any use of aversive procedures, prohibited restraint, physical restraint causing observable injury, or seclusion exceeding 10 minutes or plan specifications (N.C.G.S. §115C-391.1(j)(2)-(3))
Local boards must maintain records of reported incidents and provide that information annually to the State Board of Education (N.C.G.S. §115C-47(45))
Local boards must include behavior management training in safe school plans covering positive behavior management, communication for de-escalation, and safe use of seclusion and restraint; lateral-entry teachers must receive preservice training in these areas (N.C.G.S. §115C-105.47(b)(9); §115C-296(c))
Key Timelines
By end of workday (or no later than end of following workday): principal must promptly notify parent/guardian of any reportable restraint or seclusion incident (N.C.G.S. §115C-391.1(j)(2)-(3))
Within 30 days after the incident: written incident report must be provided to parent or guardian, including date, time, location, duration, description, preceding events, nature of injury, and contact employee name (N.C.G.S. §115C-391.1(j)(4))
Annually: local boards must report restraint and seclusion incident data to the State Board of Education (N.C.G.S. §115C-47(45))