About Restraint and Seclusion

This FAQ provides a general overview about restraint and seclusion practices in schools. The use of restraint and seclusion as well as monitoring, review, documentation, and parental notification regarding restraint and seclusion are governed by Virginia regulations.

What is Restraint and Seclusion?

Restraint is defined as: a mechanical restraint, physical restraint, or pharmacological restraint.

Seclusion is defined as: the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. This includes rooms or spaces that are locked.

The use of restraint and seclusion in schools is considered a measure of “last resort” to address and mitigate a student’s behavior(s).

Does Virginia prohibit the use of Restraint and Seclusion in schools?

Virginia law prohibits school divisions from using many types of restraint and seclusion. For example, schools may not use:

1. Mechanical restraints (ex: straps, belts, or other devices to restrict a student’s movement);
2. Pharmacological restraints or medication to control a student’s behavior that is not prescribed or administered as instructed by a qualified health professional;
3. Aversive or painful stimuli to cause pain or discomfort to a student (ex: deprivation of food, water, or use of the restroom);
4. Prone restraints (ex: lying face down) or any other restraints that restrict a student’s breathing or harm the student;
5. Seclusion that restricts a student’s breathing or harms the student;
6. Physical restraint or seclusion as: a) punishment or discipline; b) a means of coercion or retaliation; c) a convenience; or d) to prevent property damage;
7. Corporal punishment (ex: causing pain as a form of discipline);
8. Seclusion rooms or freestanding units that do not meet Virginia’s safety requirements; or
9. Restraint or seclusion if a student’s medical or psychological condition makes it unsafe, as documented by the student’s IEP Team, Section 504 Team, school professionals, or a qualified healthcare provider.

Each school division will have its own policy and may include additional limitations. This will be a policy document available via the school division’s website.

Are there situations in which school may use Restraint or Seclusion?

Yes. Virginia law permits the use of restraint or seclusion in limited circumstances. Restraint or seclusion may only be used in emergency situations where a student’s behavior presents an imminent danger of serious physical harm to the student or to others. Restraint or seclusion may also be used to obtain possession of any paraphernalia or dangerous weapons that the student may have.  

The use of restraint or seclusion must be reasonable, necessary, and proportionate to the circumstances. The use of restraint and seclusion must be discontinued as soon as the risk of harm has ended.

What happens if a school uses Restraint and Seclusion with a student?

Virginia law requires that school divisions must document the use of restraint and seclusion. This documentation typically includes some of the following information:

1. The behavior that necessitated restraint and seclusion;
2. Location of the restraint or intervention;
3. Less restrictive means of intervention used;
4. Details about the type of restraint or seclusion used;
5. The duration of the restraint or seclusion;
6. The staff members involved in the incident;
7. Any resulting injuries or medical concerns to the student and/or staff;
8. Whether the student has an IEP, Section 504 Plan, and/or a Behavior Intervention Plan (“BIP”);
9. The date, time, and method of notification to the parent.

Parents must also be promptly notified following each incident involving restraint and seclusion. Additionally, each incident must be reviewed by the school division to confirm that the use of restraint and seclusion was consistent with Virginia law and any applicable local policies. In the event that a student’s behaviors necessitated the repeated use of restraint and seclusion, a school division must promptly review whether the student’s educational program, including the IEP and any BIP, is appropriate to meet a student’s needs.

Does the IDEA prohibit the use of Restraint and Seclusion?

The IDEA mandates that students with disabilities receive a free appropriate public education (“FAPE”) in the student’s least restrictive environment. The IDEA also requires that any behavioral interventions be documented in the student’s IEP. However, the IDEA does not explicitly prohibit restraint or seclusion.

Can the use of Restraint or Seclusion deny the student a FAPE under the IDEA?

It can. A school division’s failure to provide a safe and secure environment for students to learn can result in a denial of a FAPE. Similarly, a school division’s failure to adhere to Virginia’s restraint and seclusion requirements may constitute a denial of FAPE and therefore, a violation of the IDEA. Instances in which a school division failed to implement a student’s IEP, Section 504 Plan and/or BIP and did not provide the student with appropriate supports and services, may also give rise to a FAPE claim.

Last Updated: August 13, 2026