State law prohibits the use of physical restraint on public school students receiving or being evaluated for special education services unless used in emergency situations to avoid imminent injury to the student or to others. State law also prohibits seclusion on public school special education students unless used in emergency situations or if it is specified as an option in a student’s special education individualized education program.
The law requires districts to inform parents of their rights and the student’s rights under state law regarding restraint and seclusion, and to notify a special education student’s parents or guardian each time a student is placed in physical restraint or seclusion. The boards are also required to keep records and compile annual reports of each instance and the nature of the emergency. Public Act 07-147 extended to all special education students the limits on restraint and seclusion that existed for special education students at regional educational service centers and private institutions that provide special education under contract with school boards.
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If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.