Restraint and Seclusion Laws in Pennsylvania

What are the restraint and seclusion rules in Pennsylvania?

Pennsylvania's restraint and seclusion rules for students with disabilities are governed primarily by 22 Pa. Code §14.133, which goes beyond federal minimums by requiring positive behavior support as the foundation of all behavioral interventions and by explicitly prohibiting prone restraints. Prone restraints — in which a student is held face down on the floor — are categorically banned in all educational programs, including those serving students with disabilities (22 Pa. Code §14.133(c)(3)). Physical restraint may only be used when a student poses a clear and present danger to themselves, to other students, or to employees, and only when less restrictive measures and de-escalation techniques have proven ineffective (22 Pa. Code §14.133(c)). Pennsylvania does not permit locked seclusion in educational settings; isolating a student in a locked room constitutes an aversive technique prohibited under §14.133(e)(3). Following any use of restraint, the school must notify the parent and convene an IEP team meeting within 10 school days to review the behavior support plan and consider whether an updated FBA, revised positive behavior support plan, reevaluation, or change of placement is needed, unless the parent, after written notice, agrees in writing to waive the meeting (22 Pa. Code §14.133(c)(1)).

What Pennsylvania Requires

Prone restraints — holding a student face down on the floor — are categorically prohibited in all educational programs (22 Pa. Code §14.133(c)(3))

Restraints may only be used when the student poses a clear and present danger to self, other students, or staff, and only after less restrictive measures have failed (22 Pa. Code §14.133(c))

Restraints may not be used as punishment, for the convenience of staff, or as a substitute for an educational program (22 Pa. Code §14.133(c))

Locked confinement of students is prohibited as an aversive technique (22 Pa. Code §14.133(e)(3))

All positive behavior support plans must be based on a functional behavioral assessment (FBA) and utilize positive behavior techniques (22 Pa. Code §14.133(a))

When restraint is included in an IEP, the IEP must include positive behavior support components, teaching of replacement skills, authorized and trained staff, and a plan for eliminating the need for restraint (22 Pa. Code §14.133(c)(2))

Serious injuries resulting from restraint must be reported to the Bureau of Special Education within 48 hours; all restraints must be reported to the Restraint Information System of Collection (RISC) within 30 days (PDE guidance)

School entities must maintain and report data on restraint use as prescribed by the Secretary (22 Pa. Code §14.133)

Key Timelines

IEP team meeting must be convened within 10 school days of any restraint use to review behavior support plan, unless the parent, after written notice, agrees in writing to waive the meeting (22 Pa. Code §14.133(c)(1))

Serious injuries from restraint must be reported to PDE Bureau of Special Education within 48 hours (PDE guidance)

All restraint incidents must be reported to the RISC system within 30 days (PDE guidance)

Sources

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