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 State Board of Education Rule 4500. Rule 4500 governs the operational use of restraint and seclusion in all Vermont schools — both public and approved independent 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 (Rule 4500, Section 4502). Prone (face-down) restraints are classified as more restrictive under Rule 4500; they are not categorically prohibited but are permitted only when less restrictive methods have failed and the student's size and behavior severity require it (Rule 4500, Section 4502.1.1). Schools must attempt verbal or electronic notice to parents by end of school day and provide written notice within 24 hours of any restraint or seclusion incident (Rule 4500, Section 4503.2(a)-(b)). Vermont requires annual reporting of all restraint and seclusion incidents to the AOE, and the AOE publishes this data (16 V.S.A. § 1161a; Rule 4500, Section 4506). Restraint and seclusion may not be used as punishment, as disciplinary measures, or out of convenience. Schools must implement positive behavioral interventions and supports as the primary approach. After a restraint or seclusion incident involving a student with a disability, the IEP team should convene to review and revise the BIP as appropriate.
What Vermont Requires
Restraint and seclusion may only be used when there is imminent and substantial risk of physical injury to the student or others and less restrictive interventions would be ineffective (Rule 4500, Section 4502; 16 V.S.A. § 1161a).
Prone (face-down) restraints are more restrictive and permitted only when less restrictive methods have failed and the student's size and behavior severity require it; they are not categorically prohibited (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 (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 (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; Rule 4500, Section 4506).
Restraint and seclusion may not be used as punishment, disciplinary measures, or out of convenience; schools must implement positive behavioral interventions and supports as the primary approach (Rule 4500).
After a restraint or seclusion incident involving a student with a disability, the IEP team should convene to review the student's BIP and consider whether revision is needed (VT AOE Guidance; Rule 2363.6).
Key Timelines
Parental verbal/electronic notification must occur as soon as practical, no later than end of school day of the incident (Rule 4500, Section 4503.2(a)).
Written incident report must be provided to parents within 24 hours of the incident (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; Rule 4500, Section 4506).
The IEP team should convene to review the BIP following restraint or seclusion incidents as needed (VT AOE Guidance; Rule 2363.6).
Sources
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