What Parents Need to Know About Restraint and Seclusion in Schools

What every parent needs to know about restraint and seclusion in schools. Understand your rights, legal limits in Georgia, and how to protect your child.

By Robyn Painter, Education Attorney | Painter Legal, LLC

Restraint and seclusion in schools is one of the most serious—and often misunderstood—issues facing families of children with disabilities.

WATCH MY YOUTUBE VIDEO ON THIS TOPIC NOW: https://youtu.be/PGPFND3Odwg

Many parents don’t even realize these practices are happening, let alone that there are strict legal limits on when and how they can be used.

I want to break this down clearly so you know what these terms mean, what the law requires, and what to do if you suspect something is wrong.

Why This Topic Matters

Before founding my firm, I served as a team leader at the U.S. Department of Education Office for Civil Rights, where I helped lead one of the first large-scale, district-wide audits of restraint and seclusion practices in a major urban school system.

What I saw—and what I continue to see in my legal practice—is this:

These practices are too often misunderstood, misused, and underreported.

In just the past week, I’ve had multiple cases come into my office involving children—many of them nonverbal—who were subjected to restraint without their families knowing.

What Is “Restraint” in a School Setting?

Under the law, restraint is only permitted in very limited circumstances.

A lawful restraint may occur only when a child poses an imminent danger to themselves or others. This could include situations where a child is:

• Hitting or kicking

• Throwing objects like chairs or desks

• Attempting to run into traffic (elopement)

Importantly:

• Property damage alone is NOT enough to justify restraint

• The danger must be to physical safety, not inconvenience or disruption

  
  

What Is “Seclusion”?

Seclusion involves placing a child in a secured room to prevent harm.

However, strict safeguards apply:

• The child must be continuously monitored

• A staff member must maintain line of sight at all times

• The child must never be left alone

This is about safety—not punishment or control.

What the Law Prohibits (Especially in Georgia)

In Georgia, there are clear legal limits on restraint:

❌ Prohibited Practices:

• Mechanical restraints (e.g., straps, zip ties, handcuffs)

• Strapping a child into a chair

• Prone restraints (forcing a child face-down)

Prone restraint is especially dangerous because it can lead to asphyxiation and death.

What Lawful Restraint Should Look Like

If restraint is used, it must follow strict protocols:

• Only trained and certified staff may perform it

• It must be used as a last resort

• It should involve:

  • Ideally two staff members for safety

  • A third staff member documenting the incident

• The school must document:

  • What led up to the restraint (antecedent behavior)

  • How long it lasted

  • Who was involved

Most importantly, restraint should never be a surprise. If a child has behavioral needs:

• This should be discussed in an IEP meeting

• Included in a Behavior Intervention Plan (BIP)

• Communicated clearly to parents in advance

  
  

What About Seclusion Protocols?

For seclusion:

• The child should be escorted safely by staff

• The room must be safe and appropriate

• The child must be continuously observed

• No force or unlawful restraint should be used to place the child in the room

Again, full documentation is required.

Your Rights as a Parent

Federal laws like:

• Section 504 of the Rehabilitation Act

• The Americans with Disabilities Act (ADA)

• IDEA (Individuals with Disabilities Education Act)

…all reinforce that restraint and seclusion should be avoided whenever possible and used only under strict conditions.

Additionally, under Family Educational Rights and Privacy Act:

• You have the right to request all records related to your child

• This includes video footage

⚠️ Important: Many schools overwrite video recordings within 2 weeks to 1 month.If you suspect something happened, request footage immediately to preserve it.

A Troubling Pattern: What I’m Seeing Right Now

Recently, I’ve seen multiple cases where:

• Nonverbal children were restrained

• There was no clear safety threat

• Staff appeared frustrated or undertrained

• Families were notified days or even months later

In some cases:

• Another staff member reported the incident

• Video evidence confirmed what happened

• Criminal investigations were initiated

These situations often point to:

• Under-resourced special education programs

• Lack of proper staff training

• Breakdowns in oversight and accountability

  
  

Warning Signs Parents Should Watch For

If your child is nonverbal, young, or has communication challenges, it’s especially important to stay alert.

Pay attention to:

• Sudden resistance or fear of going to school

• Behavioral changes

• Unexplained bruises or marks

• Vague or inconsistent explanations from staff

If something feels off—trust that instinct and investigate.

What To Do If You Suspect Restraint or Seclusion

1. Request records immediately (including video)

2. Ask for a written incident report

3. Request an IEP meeting

4. Document everything

5. Seek legal guidance if needed

   
   

Final Thoughts

No child should experience unlawful restraint or unsafe seclusion practices.

These interventions are meant to be rare, carefully controlled, and safety-driven—not reactions to frustration, lack of training, or inadequate resources.

If you have concerns, questions, or need support navigating this issue, my office is here to help.

Contact Painter Legal, LLC

If your child may have been subjected to restraint or seclusion—or if you simply want to better understand your rights—please reach out.

We are committed to protecting children and helping families advocate effectively.

👉 Schedule a consultation👉 Or contact us directly to discuss your situation