Restraint and Seclusion Laws in West Virginia
What are the restraint and seclusion rules in West Virginia?
West Virginia enacted specific legislation governing the use of physical restraint and seclusion in schools under W. Va. Code § 18-5-17a, 'Student Behavior Policy.' This statute prohibits the use of mechanical restraint, chemical restraint, and prone (face-down) physical restraint. Physical restraint may only be used when a student's behavior presents an imminent danger of serious physical harm to the student or others, when less restrictive interventions would be ineffective, and when the restraint is limited to the duration of the emergency (W. Va. Code § 18-5-17a(b)). Seclusion, defined as the involuntary confinement of a student in a room or space from which the student is physically prevented from leaving, is prohibited in West Virginia public schools (W. Va. Code § 18-5-17a(c)). Schools must notify parents on the same day any physical restraint is used, or as soon as practicable. Schools must also maintain data on the use of restraint and report to the WVDE. Staff who use restraint must be trained in approved, non-harmful restraint techniques. Each use of restraint must be documented and reviewed by school administration.
What West Virginia Requires
Mechanical restraint, chemical restraint, and prone (face-down) physical restraint are absolutely prohibited in West Virginia schools (W. Va. Code § 18-5-17a(b)).
Seclusion — the involuntary confinement of a student in a room or space from which the student is physically prevented from leaving — is prohibited in West Virginia public schools (W. Va. Code § 18-5-17a(c)).
Physical restraint may only be used in an emergency when a student's behavior presents an imminent danger of serious physical harm to the student or others, and only for the duration of the emergency (W. Va. Code § 18-5-17a(b)).
Staff must be trained in approved, non-harmful physical restraint techniques before using restraint; untrained staff may not use physical restraint except in emergencies (W. Va. Code § 18-5-17a(d)).
Parents must be notified on the same day as any use of physical restraint, or as soon as practicable if same-day notification is not feasible (W. Va. Code § 18-5-17a(e)).
Each incident of restraint must be documented and data must be reported to WVDE; schools must review restraint use to identify patterns and develop positive behavioral supports (W. Va. Code § 18-5-17a(f)).
Key Timelines
Parent notification of restraint use must occur on the same day as the incident, or as soon as practicable (W. Va. Code § 18-5-17a(e)).
Each incident of restraint must be documented and data reported to WVDE as required by agency reporting requirements (W. Va. Code § 18-5-17a(f)).