Restraint and Seclusion Laws in North Dakota

What are the restraint and seclusion rules in North Dakota?

North Dakota has specific statutes and administrative rules governing physical restraint and seclusion in schools under NDCC §§ 15.1-19-14 through 15.1-19-18 and NDAC 67-23-08 (Seclusion and Restraint). Physical restraint and seclusion may be used only in emergency situations where a student's behavior poses an immediate threat of serious physical harm to the student or others. Physical restraint must be the least restrictive intervention and must be discontinued as soon as the emergency situation ends. Prone restraint (face-down) is prohibited under NDAC 67-23-08. Mechanical restraint is also prohibited except for devices used voluntarily by the student, prescribed by a physician, or used by law enforcement. Districts must provide prior written notice to parents that the school may use seclusion or restraint as part of emergency safety procedures. School personnel who use restraint or seclusion must be trained in safe crisis management techniques. Parents must be notified on the day a restraint or seclusion incident occurs. Schools must maintain documentation of all incidents and report to NDDPI annually. The rules prohibit seclusion from being used as a punishment, for convenience, or to discipline students.

What North Dakota Requires

Physical restraint and seclusion may only be used in an emergency situation posing an immediate threat of serious physical harm to the student or others; they must be discontinued as soon as the emergency ends (NDCC § 15.1-19-14; NDAC 67-23-08).

Prone (face-down) restraint is explicitly prohibited in North Dakota (NDAC 67-23-08).

Mechanical restraint is prohibited except for devices used voluntarily by the student, prescribed by a physician, or used by law enforcement (NDAC 67-23-08).

Seclusion may not be used as a disciplinary measure, as a punishment, or as a convenience — only in genuine emergency situations (NDCC § 15.1-19-15; NDAC 67-23-08).

Staff using restraint or seclusion must have received training in safe crisis management; untrained personnel may not use physical restraint (NDAC 67-23-08).

Parents must be notified on the same day a restraint or seclusion incident occurs (NDCC § 15.1-19-16; NDAC 67-23-08).

Schools must document all incidents and report aggregate data to NDDPI annually (NDCC § 15.1-19-17; NDAC 67-23-08).

Key Timelines

Parent notification: same day the restraint or seclusion incident occurs (NDCC § 15.1-19-16; NDAC 67-23-08).

Annual reporting of aggregate restraint and seclusion data to NDDPI (NDCC § 15.1-19-17; NDAC 67-23-08).

School staff must receive training in safe crisis management before being authorized to use physical restraint (NDAC 67-23-08).

Sources

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