(1) The use of the following types of restraint on a student in a public education program is prohibited:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(a) Chemical restraint.

(b) Mechanical restraint.

(c) Prone restraint.

(d) Supine restraint.

(e) Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a student’s movement, unless the restraint is necessary to prevent an imminent life-threatening injury or to gain control of a weapon.

(f) Any restraint that places, or creates a risk of placing, pressure on a student’s neck or throat.

(g) Any restraint that places, or creates a risk of placing, pressure on a student’s mouth, unless the restraint is necessary for the purpose of extracting a body part from a bite.

(h) Any restraint that impedes, or creates a risk of impeding, breathing.

(i) Any restraint that involves the intentional placement of the hands, feet, elbow, knee or any object on a student’s neck, throat, genitals or other intimate parts.

(j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on the stomach or back by a knee, foot or elbow bone.

(k) Any action designed for the primary purpose of inflicting pain.

(2) As used in this section:

(a) ‘Chemical restraint’ means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not:

(A) Prescribed by a licensed physician or other qualified health professional acting under the professional’s scope of practice for standard treatment of the student’s medical or psychiatric condition; and

(B) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional’s scope of practice.

(b)(A) ‘Mechanical restraint’ means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student.

(B) ‘Mechanical restraint’ does not include:

(i) A protective or stabilizing device ordered by a licensed physician; or

(ii) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.

(c) ‘Prone restraint’ means a restraint in which a student is held face down on the floor.

(d) ‘Supine restraint’ means a restraint in which a student is held face up on the floor. [2011 c.665 § 2; 2019 c.267 § 2]