Restraint and Seclusion Laws in Virginia

What are the restraint and seclusion rules in Virginia?

Virginia has comprehensive restraint and seclusion regulations under 8VAC20-750, Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia, which apply to all students, not just those with disabilities. Physical restraint is defined as personal restriction that immobilizes or reduces the ability of a student to move freely (8VAC20-750-10). Seclusion is defined as involuntary confinement of a student alone in a room from which the student is physically prevented from leaving (8VAC20-750-10). Physical restraint or seclusion may only be used when other interventions are or would be ineffective and only to: prevent serious physical harm to self or others, quell a disturbance threatening injury, defend against serious harm, retrieve weapons or dangerous objects, or retrieve drugs or paraphernalia (8VAC20-750-40). Virginia explicitly prohibits: mechanical restraints (except prescribed medical devices), pharmacological restraints, aversive stimuli, prone (face-down) restraints, restraints restricting breathing, use as punishment or convenience, and corporal punishment (8VAC20-750-30). Parent notification must be attempted the same school day by phone, email, or in person, with a written incident report completed within two school days and provided to parents within seven calendar days (8VAC20-750-60). After a second school day in one school year on which a restraint or seclusion incident occurs, the team must convene within 10 school days to consider an FBA, BIP, additional evaluations, or disability evaluation referral (8VAC20-750-80). All school personnel must receive annual training on positive behavior support, de-escalation, and crisis response, with at least one administrator per building receiving advanced training (8VAC20-750-100).