Restraint and Seclusion Laws in South Dakota
What are the restraint and seclusion rules in South Dakota?
South Dakota's restraint and seclusion law results from Senate Bill 46, passed in 2018 and signed by Governor Daugaard, effective July 1, 2018. The law requires every school district to adopt a written policy limiting the use of physical restraint and seclusion. The policy must contain three mandatory elements: (1) a procedure for notifying the parent or guardian of the student—unless the student is emancipated—on the same business day of any incident requiring the use of restraint or seclusion; (2) a prohibition on prone restraint (physical pressure applied to any part of the student's body to keep the student in a face-down position on the floor or other surface), except when the use is necessary and reasonable in manner and moderate in degree; and (3) a prohibition on involuntary confinement of a student locked alone in a room, unless there is a clear and present danger. The law maintains local control, allowing districts to craft their own policies around these minimum requirements. The Associated School Boards of South Dakota (ASBSD) provides a model policy (JGB) including definitions, incident reporting forms, and debriefing forms. Beyond state law, IDEA prohibits using restraint or seclusion as a disciplinary consequence and requires that IEPs address behavior proactively through positive behavioral interventions (34 CFR 300.324(a)(2)(i)). Chemical and mechanical restraint are prohibited under SDDOE's broader DOE Title 24 rules. Annual staff training on prevention and de-escalation is encouraged in the ASBSD model policy.
What South Dakota Requires
Every South Dakota school district must adopt a written policy on restraint and seclusion containing the three required elements established by Senate Bill 46 (2018), effective July 1, 2018.
The policy must include a procedure for same-business-day parent notification of any restraint or seclusion incident (SB 46, 2018).
Prone restraint (face-down physical pressure) is prohibited unless the use is necessary and reasonable in manner and moderate in degree (SB 46, 2018).
Involuntary confinement of a student locked alone in a room is prohibited unless there is a clear and present danger (SB 46, 2018).
Restraint and seclusion may not be used as punishment or disciplinary consequences; their use must be a last resort when a student poses an imminent danger to themselves or others.
IDEA requires that IEPs address behavior proactively through positive behavioral interventions and supports rather than relying on reactive measures such as restraint (34 CFR 300.324(a)(2)(i)).
Key Timelines
Parent notification of a restraint or seclusion incident must occur on the same business day (SB 46, 2018).
Incident documentation using district forms (based on ASBSD model JGB-E(1)) must be completed following each restraint or seclusion incident.
Debriefing following an incident should occur as soon as practicable per model policy JGB-E(2).