Restraint and Seclusion Laws in Utah

What are the restraint and seclusion rules in Utah?

Utah has a specific statutory and regulatory framework governing restraint and seclusion of students in educational settings. Utah Code § 53G-8-302 (Safe Schools Amendments, enacted 2023) and Utah Admin. Code R277-609 govern the use of physical restraint and seclusion. Utah law prohibits prone (face-down) restraint, mechanical restraint used as a behavioral intervention, and the use of restraint or seclusion as a punishment, convenience, or response to minor behavioral infractions. Restraint and seclusion may only be used in situations constituting an emergency threat of imminent danger of serious physical harm to the student or others, and when less restrictive interventions have been ineffective or are not feasible. Schools must notify parents on the same day a restraint or seclusion event occurs; if same-day notice is not possible, notice must be provided as soon as practicable. Written incident reports must be completed within 24 hours of any restraint or seclusion event and provided to parents. If a student is restrained or secluded three or more times within 30 school days, the IEP team must convene within 10 school days to review the student's behavior intervention plan and consider additional supports. Staff who use restraint must receive training in approved, evidence-based techniques. Data must be reported to USBE annually.

What Utah Requires

Physical restraint and seclusion may only be used in genuine emergency situations involving imminent danger of serious physical harm, and only when less restrictive interventions are ineffective or not feasible (Utah Code § 53G-8-302; Utah Admin. Code R277-609).

Prone (face-down) restraint, mechanical restraint as a behavioral intervention, and any restraint restricting breathing are prohibited (Utah Code § 53G-8-302; Utah Admin. Code R277-609).

Restraint or seclusion may not be used as punishment, as a substitute for adequate staffing, for the convenience of staff, or in response to minor behavioral infractions (Utah Code § 53G-8-302; Utah Admin. Code R277-609).

Parents must be notified on the same day a restraint or seclusion event occurs; written incident reports must be provided to parents within 24 hours (Utah Code § 53G-8-302; Utah Admin. Code R277-609).

If a student experiences three or more restraint or seclusion events within 30 school days, the IEP team must convene within 10 school days to review the BIP and consider additional supports (Utah Admin. Code R277-609).

Staff who use restraint or seclusion must be trained in approved, evidence-based techniques; districts must submit annual restraint and seclusion data to USBE (Utah Code § 53G-8-302; Utah Admin. Code R277-609).

Key Timelines

Same-day parent notification required after any restraint or seclusion event; written report must be provided within 24 hours (Utah Code § 53G-8-302; Utah Admin. Code R277-609).

Three or more events within 30 school days: IEP team must convene within 10 school days (Utah Admin. Code R277-609).

Annual restraint and seclusion data must be reported to USBE (Utah Code § 53G-8-302; Utah Admin. Code R277-609).

Staff training in approved restraint techniques must be completed before staff are authorized to use physical restraint (Utah Admin. Code R277-609).

Sources

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