Restraint and Seclusion in Idaho

Restraint and Seclusion in Idaho

As of April, 2023, Idaho has a new law in place that limits how restraint and seclusion is used, eliminating it as a form of discipline.  Restraint, the practice of reducing a student’s ability to move, and Seclusion, which places a student in isolation, may now only be used if a student or a staff member is in imminent danger.

USE OF RESTRAINT OR SECLUSION

PROHIBITED PRACTICES

Districts and charters SHALL NOT:
1. Use corporal punishment
2. Use chemical restraint
3. Use restraint or seclusion as a form of discipline
or punishment.

CONDITIONS FOR USE

Restraint and/or Seclusion may only be deployed
when:

A student’s behavior places the student, staff, or
others in imminent danger of serious bodily harm.

USE OF RESTRAINT OR SECLUSION FAQs

What constitutes imminent danger?
Imminent danger means that it is reasonably likely that serious bodily harm to self or others could occur immediately.

Can restraint or seclusion be used to avoid serious property destruction?
No. Restraint or seclusion can only be used when the student or others are in imminent danger of serious bodily harm.

Does this mean that we must wait until a student inflicts harm on self or others before restraint or seclusion can take place?
Less restrictive options such as removing staff and other students from the student’s proximity or utilizing de-escalation strategies are always an option for responding to escalating behavior. Restraint or seclusion may be used as a response to imminent danger of serious bodily harm when all other options have been exhausted. Imminent danger does not mean that staff must wait until serious bodily harm has already been inflicted.

Does restraint or seclusion have to be in a “plan” to use it?
No. Situations where imminent danger of serious bodily harm may occur are not always predictable. Restraint and seclusion should always be a last resort option and should only be listed in a student’s plan as a last resort option rather than as a go-to strategy for behavior management under any circumstances. Repeated use of restraint or seclusion should trigger further conversation and team planning related to the student’s behavioral support needs.

Are there time and duration limits on the use of restraint and seclusion?
Restraint or seclusion should not exceed 30 minutes except under extreme circumstances. In these cases, more than one staff member should be involved and contact with parent and administrator should be made immediately.

Is it considered seclusion if a student is placed in a room by themselves and not allowed to leave?
If the student is in the room alone and is not allowed to leave, or perceives that they aren’t allowed to leave, then it would be considered seclusion.

If a teacher refuses to allow a student into class because of behavior, is this  seclusion?
No. However, this is a type of “informal removal” and should be documented as a removal or suspension.

Does picking up and/or carrying a student count as restraint?  
Yes. Picking up and/or carrying a student is a type of restraint that is unsafe, poses unnecessary risk, and should not be used.  It is not a type of physical escort.  This does not include lifting and carrying students for disability-related transfers conducted as directed by a professional.

Taken from the Restraint & Seclusion Legislation Summary document from the Idaho State Department of Education. 

MENU
IPUL