Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

A1317

ASSEMBLY, No. 1317

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Co-Sponsored by:

Assemblywoman Dunn and Assemblyman Hutchison

SYNOPSIS

���� Extends requirements on use of restraint and
seclusion to all students; requires immediate parental notification; requires
DOE to collect and report data regarding use of restraint and seclusion on
students.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the use of physical restraint and
seclusion in public schools, amending and supplementing P.L.2017, c.291, and
supplementing chapter 37 of Title 18A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.2017,
c.291 (C.18A:46-13.5) is amended to read as follows:

���� 2.� a.� A school district, an
educational services commission, or an approved private school for students
with disabilities that utilizes physical restraint on students with
disabilities shall ensure that:

���� (1)�� physical restraint is
used only in an emergency in which the student is exhibiting behavior that
places the student or others in immediate physical danger;

���� (2)�� a student is not
restrained in the prone position, unless the student's primary care physician
authorizes, in writing, the use of this restraint technique;

���� (3)�� staff members who are
involved in the restraint of a student receive training in safe techniques for
physical restraint from an entity determined by the board of education to be
qualified to provide such training, and that the training is updated at least
annually;

���� (4)�� the parent or guardian
of a student is immediately notified when physical restraint is used on that
student, which notification may be by telephone or electronic communication.� A
full written report of the incident of physical restraint shall be provided to
the parent or guardian within 48 hours of the occurrence of the incident
.�
The school district, educational services commission, or private school for
students with disabilities shall request a meeting with the parent or guardian
of a student who has been subjected to physical restraint on more than one
occasion to discuss a plan for improving the student�s behavior
;

���� (5)�� each incident in which a
physical restraint is used is carefully and continuously visually monitored to
ensure that it was used in accordance with established procedures set forth in
a board policy developed in conjunction with the entity that trains staff in
safe techniques for physical restraint, in order to protect the safety of the
child and others; and

���� (6)�� each incident in which
physical restraint is used is documented in writing in sufficient detail to
enable the staff to use this information to develop or improve the behavior
intervention plan at the next individualized education plan meeting.

���� b.��� A school district, an
educational services commission, and an approved private school for students
with disabilities shall attempt to minimize the use of physical restraints
through inclusion of positive behavior supports in the student's behavior
intervention plans developed by the individualized education plan team.

(cf: P.L.2017, c.291, s.2)

���� 2.��� Section 3 of P.L.2017,
c.291 (C.18A:46-13.6) is amended to read as follows:

���� 3.� a.� A school district, an
educational services commission, or an approved private school for students
with disabilities that utilizes seclusion techniques on students with
disabilities shall ensure that:

���� (1)�� a seclusion technique is
used on a student with disabilities only in an emergency in which the student
is exhibiting behavior that places the student or others in immediate physical
danger;

���� (2)�� each incident in which a
seclusion technique is used is carefully and continuously visually monitored to
ensure that it was used in accordance with established procedures set forth in
a board policy developed in conjunction with the entity that trains staff in
safe techniques for physical restraint, in order to protect the safety of the
child and others;
[
and
]

���� (3)�� each incident in which a
seclusion technique is used is documented in writing in sufficient detail to
enable the staff to use this information to develop or improve the behavior
intervention plan at the next individualized education plan meeting
; and

����
(4) �the parent or guardian
of a student is immediately notified when that student is subject to seclusion,
which notification may be by telephone or electronic communication.� A full
written report of the incident of seclusion shall be provided to the parent or
guardian within 48 hours of the occurrence of the incident.

����
The school district,
educational services commission, or approved private school for students with
disabilities shall request a meeting with the parent or guardian of a student
who has been subjected to seclusion on more than one occasion to discuss a plan
for improving the student�s behavior
.

���� b.��� A school district, an
educational services commission, and an approved private school for students
with disabilities shall attempt to minimize the use of seclusion techniques
through inclusion of positive behavior supports in the student's behavior intervention
plans developed by the individualized education plan team.

(cf: P.L.2017, c.291, s.3)

���� 3.��� Section 4 of P.L.2017,
c.291 (C.18A:46-13.7) is amended to read as follows:

���� 4.���
a.
� The
[
department
]

Department
of Education
shall establish guidelines for school districts, educational
services commissions, and approved private schools for students with
disabilities to ensure that a review process is in place to examine the use of
physical restraints or seclusion techniques in emergency situations, and for
the repeated use of these methods for an individual child, within the same
classroom, or by a single individual.� The review process shall include
educational, clinical, and administrative personnel.� Pursuant to the review
process the student's individualized education plan team may, as deemed
appropriate, determine to revise the behavior intervention plan or classroom
supports, and a school district, educational services commission, or approved
private school for students with disabilities may determine to revise a staff
member's professional development plan.

����
b.��� The department shall
establish guidelines for school districts, educational services commissions,
and approved private schools for students with disabilities on adequate
physical requirements for a seclusion area including, but not limited to,
guidelines on the lighting and space of the seclusion area.� The guidelines
shall ensure the safety and dignity of the student placed in the seclusion
area.

(cf: P.L.2017, c.291, s.4)

���� 4.��� (New section)� a.� The
department shall annually collect data from school districts, educational
services commissions, and approved private schools for students with
disabilities on the number and times a physical restraint or seclusion
technique was utilized on a student with disabilities and the type and duration
of the physical restraint or seclusion technique that was utilized, and the
number of students with disabilities on which a physical restraint or a
seclusion technique was utilized.

���� b.��� The department shall
publish the data collected pursuant to subsection a. of this section annually
on its website in a manner that protects student privacy.� The data published
on the website shall be disaggregated by county and by the race, gender, age,
and type of disability of the student.

���� 5.��� (New section) As used in
sections 6 through 9 of P.L.��� ,

c.�� (C.������� ) (pending before the Legislature as this bill):

���� "Physical restraint"
means the use of a personal restriction that immobilizes or reduces the ability
of a student to move all or a portion of the student�s body.

���� "Seclusion
technique" means the involuntary confinement of a student alone in a room
or area from which the student is physically prevented from leaving, but does
not include a timeout.

���� "Timeout" means a
behavior management technique that involves the monitored separation of a
student in a non-locked setting, and is implemented for the purpose of calming.

���� 6.��� (New section)� a.� A
school district that utilizes physical restraint on students, other than a
student who is classified pursuant to chapter 46 of Title 18A of the New Jersey
Statutes, shall ensure that:

���� (1)�� physical restraint is
used only in an emergency in which the student is exhibiting behavior that
places the student or others in immediate physical danger;

���� (2)�� a student is not
restrained in the prone position, unless the student's primary care physician
authorizes, in writing, the use of this restraint technique;

���� (3)�� staff members who are
involved in the restraint of a student receive training in safe techniques for
physical restraint from an entity determined by the board of education to be
qualified to provide such training, and that the training is updated at least
annually;

���� (4)�� the parent or guardian
of a student is immediately notified when physical restraint is used on that
student, which notification may be by telephone or electronic communication.� A
full written report of the incident of physical restraint shall be provided to
the parent or guardian within 48 hours of the occurrence of the incident.
�
The
school district shall request a meeting with the parent or guardian of a student
who has been subjected to physical restraint on more than one occasion to
discuss a plan for improving the student�s behavior;

���� (5)�� each incident in which a
physical restraint is used is carefully and continuously visually monitored to
ensure that it was used in accordance with established procedures set forth in
a board policy developed in conjunction with the entity that trains staff in
safe techniques for physical restraint, in order to protect the safety of the
child and others; and

���� (6)�� each incident in which
physical restraint is used is documented in writing in sufficient detail to
enable the staff to use this information to develop or revise a plan for
improving the student�s behavior.

���� b.��� A school district shall
attempt to minimize the use of physical restraints through inclusion of
positive behavior supports in the student's behavior improvement plan.

���� 7.��� (New section)� a.� A
school district that utilizes seclusion techniques on students, other than a
student classified pursuant to chapter 46 of Title 18A of the New Jersey
Statutes, shall ensure that:

���� (1)�� a seclusion technique is
used on a student only in an emergency in which the student is exhibiting
behavior that places the student or others in immediate physical danger;

���� (2)�� each incident in which a
seclusion technique is used is carefully and continuously visually monitored to
ensure that it was used in accordance with established procedures set forth in
a board policy developed in conjunction with the entity that trains staff in
safe techniques for physical restraint, in order to protect the safety of the
child and others;

���� (3)�� each incident in which a
seclusion technique is used is documented in writing in sufficient detail to
enable the staff to use this information to develop or revise a behavior
improvement plan for the student; and

���� (4) �the parent or guardian of
a student is immediately notified when a student is subject to seclusion, which
notification may be by telephone or electronic communication.� A full written
report of the incident of seclusion shall be provided to the parent or guardian
within 48 hours of the occurrence of the incident.

���� The school district shall
request a meeting with the parent or guardian of a student who has been
subjected to seclusion on more than one occasion to discuss a plan for
improving the student�s behavior.

���� b.��� A school district shall
attempt to minimize the use of seclusion techniques through inclusion of
positive behavior supports in the student's behavior improvement plan.

���� 8.��� (New section)� a.� The
Department of Education shall establish guidelines for school districts to
ensure that a review process is in place to examine the use of physical
restraints or seclusion techniques on students in emergency situations, and for
the repeated use of these methods for an individual child, within the same
classroom, or by a single individual.� The review process shall include
educational and administrative personnel.� Pursuant to the review process staff
may, as deemed appropriate, determine to revise the student�s behavior
improvement plan, and a school district may determine to revise a staff
member's professional development plan.

���� b.��� The department shall establish
guidelines for school districts on adequate physical requirements for a
seclusion area including, but not limited to, guidelines on the lighting and
space of the seclusion area.� The guidelines shall ensure the safety and
dignity of the student placed in the seclusion area.

���� 9.��� (New section)� a.� The
department shall annually collect data from school districts on the number and
times a physical restraint or seclusion technique was utilized on a student,
other than a student classified pursuant to chapter 46 of Title 18A of the New
Jersey Statutes, and the type and duration of the physical restraint or
seclusion technique that was utilized, and the number of students on which a
physical restraint or a seclusion technique was utilized.

���� b.� The department shall
publish the data collected pursuant to subsection a. of this section annually
on its website in a manner that protects student privacy.� The data published
on the website shall be disaggregated by county and by the race, gender, and
age of the student.

���� 10.� This act shall take
effect immediately.

STATEMENT

���� In January of 2018, the
Legislature enacted P.L.2017, c.291 that established certain requirements in
the event that a school district, educational services commission, or an
approved private school for students with disabilities choose to utilize
physical restraint or a seclusion technique on a student with disabilities.�
This bill amends that law to provide that in addition to the requirements
previously imposed when physical restraint or seclusion techniques are used on
a student with disabilities, the school district, educational services
commission, or the approved private school for students with disabilities are
also required to:

���� 1)� request a meeting with the
parent or guardian of the student who has been subjected to physical restraint
or seclusion on more than one occasion to discuss a plan for improving the
student�s behavior;

���� 2)� in the case of seclusion,
to immediately notify the student�s parent or guardian when the student is
subject to seclusion by telephone or electronic communication.� Under the
current law, this requirement is only applicable to the use of physical restraint;
and

���� 3)� provide a full written
report of the incident of seclusion to the student�s parent or guardian within
48 hours of the occurrence of the incident.� Again, under current law, this
requirement is only applicable to the use of physical restraint.

���� The bill directs the
Department of Education to establish guidelines on adequate physical
requirements for a seclusion area, including guidelines on the lighting and
space of the seclusion area.� The guidelines are to ensure the safety and
dignity of the student placed in the seclusion area.

���� The bill also directs the
department to annually collect data from school districts, educational services
commissions, and approved private schools for students with disabilities on the
use of physical restraint and seclusion.� The department is to annually publish
the data on its website disaggregated by county and by race, gender, and age.

���� Finally, the bill provides
that the requirements included in current law and in the bill on the use of
physical restraint and seclusion on students with disabilities, will also be
applied to the use of physical restraint and seclusion on all other students.