State Laws on Restraint & Behavior Intervention in Schools

This section is still a work in progress. It contains some state laws that appear to specifically address issues of restraints or behavior intervention of students in schools. There are other laws out there as well, so do not assume that if your state is not listed it does not have a law. Be sure to check with your state department of education to see if there are any laws in your state if they are not listed below.

The laws are state statutes or state regulations or both. The legal citation for the statute or regulations varies by state and is provided by section number along with an internet link to ones found on the internet. The laws should be available at any law library, state library, or perhaps through your state department of education.

Ø      California Statute, Behavior Interventions, Ca. Educ. Code § 56520.

Ø      Colorado Statute, Protection of Persons from Restraint, Colorado Revised Statutes § 26-20-102, et. seq.

Ø      Connecticut Statute, Physical Restraint, Connecticut General Statutes § 46a-150-154.

Ø      Hawaii Statute, Punishment of Pupils Limited, Hawaii Revised Statutes, § 302A-114.

Ø      Illinois, Compiled Statutes, Time Outs and Physical Restraint Rules, 105 § 5/2-3.130; 5/10-20.33; 5/34-18.20.

Ø      Illinois, Compiled Statutes, Behavior Intervention, 105 § 5/14-8.05.

Ø      Illinois Regulations on the Requirements for the Use of Isolated Time Out and Physical Restraint, 23 Illinois Administrative Code § 1.285.

Ø      Memo from the Illinois Dept. of Education on the Use of Restraints in Schools.

Ø      Maryland Statute, Student Behavior Intervention, Maryland Code Education, § 7-1101, et seq.

Ø      Maryland Regulations on Student Behavior Interventions and Restraints, 2003 COMAR § 13A.05.01.13 – 16; 13A.08.04.01-06.

Ø      Massachusetts Statute on Corporal Punishment and Physical Restraints in Public Schools, 71 § 37(G)–(H). 

Ø      Massachusetts Regulations on Restraints in Public Schools, 603 CMR § 46.01 – 46.07.

Ø      PowerPoint Presentation explaining Massachusetts legal requirements for restraints.

Ø      Minnesota Student Discipline and Reasonable Force Statute, Minnesota Education Code § 121A.582.

Ø      Minnesota Aversive and Deprivation Procedures Statute, Minnesota Education Code § 121A.67.

Ø      Minnesota Regulations on Aversives and Restraints: Education Regulation § 3525.0200; § 525.2900.

Ø      Montana Statute on Discipline and Punishment of Pupils, Montana Education Code § 20-4-302.

Ø      Nevada, Use of Aversive Intervention, Physical Restraint and Mechanical Restraint on Pupils with Disabilities, Nevada Revised Statutes, § 388.527, 527.5, 528, 528.5.

Ø      Rhode Island Statute, Children’s Right to Freedom from Restraint Act (applies to residential facilities, but not public schools), General Laws of Rhode Island §42-72.9-2 et seq.

Ø      Texas Statute on Use of Confinement, Restraint, Seclusion and Time Out, Texas Education Code § 37.0021.

Ø      Information about Texas Laws on restraint.

Ø      Utah statute Use of Reasonable and Necessary Physical Restraint or Force, Utah Code § 53A-11-802.

Ø      Washington State Education Regulations regarding Aversives, WAC § 392-172-388-398.