Restraint and Seclusion Laws in Vermont
What are the restraint and seclusion rules in Vermont?
Vermont has a specific statutory framework for restraint and seclusion at 16 V.S.A. § 1161a and Vermont State Board of Education Rule 4500. Rule 4500 governs the operational use of restraint and seclusion in Vermont schools. Restraint and seclusion may only be used when there is an imminent and substantial risk of physical injury to the student or others and less restrictive measures would be ineffective. Vermont does not have a blanket prohibition on prone (face-down) restraint under Rule 4500; prone restraints are classified as more restrictive and are permitted only when less restrictive methods have failed and the student's size and behavior severity require it. Schools must attempt verbal/electronic notice to parents by end of school day and provide written notice within 24 hours of any restraint or seclusion incident. Vermont requires annual reporting of restraint and seclusion incidents to the AOE. The statute requires that schools implement positive behavioral interventions before using restraint or seclusion.
What Vermont Requires
Restraint and seclusion may only be used when there is imminent and substantial risk of physical injury and less restrictive interventions would be ineffective — Vermont Rule 4500, Section 4502 threshold (VT AOE Rule 4500; 16 V.S.A. § 1161a).
Vermont does not have a blanket prohibition on prone restraint; prone restraints are more restrictive and permitted only when student size and behavior severity require it after less restrictive methods fail (VT AOE Rule 4500, Section 4502.1.1).
Schools must make a documented attempt to provide verbal or electronic notice of any incident to parents as soon as practical but no later than end of the school day (VT AOE Rule 4500, Section 4503.2(a)).
A written report of each restraint or seclusion incident must be provided to parents within 24 hours of each use (VT AOE Rule 4500, Section 4503.2(b)).
Schools must report all restraint and seclusion incidents to the Vermont AOE annually; the AOE publishes this data (16 V.S.A. § 1161a; VT AOE Rule 4500, Section 4506).
Schools must implement positive behavioral interventions and supports; restraint and seclusion may not be used as punishment, disciplinary measures, or out of convenience (VT AOE Rule 4500).
After a restraint or seclusion incident, the IEP team should review the student's BIP and consider whether revision is needed (VT AOE Guidance).
Key Timelines
Parental verbal/electronic notification must occur as soon as practical, no later than end of school day of the incident (VT AOE Rule 4500, Section 4503.2(a)).
Written incident report must be provided to parents within 24 hours of the incident (VT AOE Rule 4500, Section 4503.2(b)).
Annual reporting of all restraint and seclusion incidents to the VT AOE is required (16 V.S.A. § 1161a; VT AOE Rule 4500, Section 4506).
The IEP team should convene to review the BIP following restraint or seclusion incidents as needed (VT AOE Guidance).