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S3693
SENATE, No. 3693
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 24, 2026
Sponsored by:
Senator� VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
���� Expands limits on use of restraint and seclusion to
all students and imposes certain data collection and training requirements on
DOE.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the use of physical restraint and seclusion
in 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 1 of P.L.2017,
c.291 (C.18A:46-13.4) is amended to read as follows:
���� 1.��� As used in
[
this act
]
P.L.2017,
c.291 (C.18A:46-13.4 et seq.)
:
����
�Mental health care
professional� means an individual licensed or certified by the State to provide
or administer mental health care to youth or adolescents in the ordinary course
of business or practice of a profession.
����
�Mental health clearance�
means an assessment conducted by a mental health care professional to
determine, at the time of the assessment, whether a student is substantially
likely to injure themselves or others if returned to school.
���� "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
[
his
or her
]
the student�s
body.
����
�Public school� means a
school, under college grade, that derives its support entirely or in part from
public funds and is operated by the governing body of a school district,
charter school, or renaissance school project.
���� "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.
(cf: P.L.2017, c.291, s.1)
���� 2.� Section 2 of P.L.2017,
c.291 (C.18A:46-13.5) is amended to read as follows:
���� 2. a. A
[
school
district
]
public school
, an educational services commission, or an approved
private school for students with disabilities
[
that
utilizes
]
shall utilize
physical restraint on students with disabilities
only
in accordance with the student�s individualized education program.� A public
school, an educational services commission, or an approved private school for
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
, board
of trustees, or governing board
to be qualified to provide
[
such
]
the
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;
���� (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
pursuant to paragraph (3) of this
subsection
, 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
]
a behavioral
intervention plan at
[
the
next
]
an
individualized education
[
plan
]
program
meeting
, which shall be held within one month of the use of physical
restraint
.
���� b.��� A
[
school
district
]
public school
, 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
]
behavioral
supports in
[
the
]
a
student's
[
behavior
]
behavioral
intervention
[
plans
]
plan
developed by the individualized education
[
plan
]
program
team
pursuant to paragraph (6) of subsection a. of this section
.
(cf: P.L.2017, c.291, s.2)
���� 3.� Section 3 of P.L.2017,
c.291 (C.18A:46-13.6) is amended to read as follows:
���� 3. �a. A
[
school
district
]
public school
, an educational services commission, or an approved
private school for students with disabilities
[
that
utilizes
]
shall utilize
seclusion techniques on students with disabilities
only
in accordance with the student�s individualized education program.� A public
school, an educational services commission, or an approved private school for
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
pursuant to paragraph (3) of
subsection a. of section 2 of P.L.2017, c.291 (C.18A:46-13.5)
, 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
]
a
behavioral
intervention plan at
[
the
next
]
an
individualized education
[
plan
]
program
meeting
, which shall be held within one month of the use of a seclusion
technique; and
����
(4)� the parent or guardian
of a student is immediately notified when a seclusion technique is used on that
student, which notification may be by telephone or electronic communication. A
full written report of the incident of a seclusion technique shall be provided
to the parent or guardian within 48 hours of the occurrence of the incident
.
���� b.��� A
[
school
district
]
public school
, 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
]
behavioral
supports in
[
the
]
a
student's
[
behavior
]
behavioral
intervention
[
plans
]
plan
developed by the individualized education
[
plan
]
program
team
pursuant to paragraph (3) of subsection a. of this section
.
(cf: P.L.2017, c.291, s.3)
���� 4.��� Section 4 of P.L.2017,
c.291 (C.18A:46-13.7) is amended to read as follows:
���� 4.��� The
[
department
]
Department
of Education
shall establish guidelines for
[
school districts
]
public
schools
, 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
]
program
team may, as deemed appropriate, determine to revise the
[
behavior
]
behavioral
intervention plan or classroom supports, and a
[
school district
]
public
school
, educational services commission, or approved private school for
students with disabilities may determine to revise a staff member's
professional development plan.
(cf: P.L.2017, c.291, s.4)
���� 5. (New section) a.� The
Department of Education shall annually collect data from public schools,
educational services commissions, and approved private schools for students
with disabilities on:
���� (1)�� the number of 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;
���� (2)�� the number of students
with disabilities on which a physical restraint or a seclusion technique was
utilized;
���� (3)�� the number of students
with disabilities who have been excluded from school and required to undergo a
mental health clearance in order to return to school; and
���� (4)�� the number of days each
student was removed from school pending acceptance by the school of clearance
to return.
���� b.��� The department shall
annually publish the data collected pursuant to subsection a. of this section
on its website in a manner that protects student privacy and in accordance with
applicable State and federal law.� The data published on the website shall be
reported as a total for each public school, educational services commission,
and approved private school for students with disabilities and include
Statewide totals.� In addition, the published data shall separately be
disaggregated by the race, gender, age, and type of disability of the students.
���� 6.��� (New section) As used in
sections 6 through 11 of P.L.��� , c.�� (C.������� ) (pending before the
Legislature as this bill):
���� �Mental health care
professional� means an individual licensed or certified by the State to provide
or administer mental health care to youth or adolescents in the ordinary course
of business or practice of a profession.
���� �Mental health clearance�
means an assessment conducted by a mental health care professional to
determine, at the time of the assessment, whether a student is substantially
likely to injure themselves or others if returned to school.
���� "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.
���� �Public school� means a
school, under college grade, that derives its support entirely or in part from
public funds and is operated by the governing body of a school district,
charter school, or renaissance school project.
���� "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.
���� 7.��� (New section) a. A
public school that utilizes physical restraint on a student, 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 or board
of trustees to be qualified to provide the 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;
���� (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 pursuant to paragraph (3) of this
subsection, 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 behavioral
improvement plan for the student.
���� b.� Following the use of
physical restraint pursuant to subsection a. of this section, a public school
shall:
���� (1)�� develop or improve, with
parental participation, a behavioral improvement plan at a meeting that shall
be held within one month of the use of physical restraint; and
���� (2)�� provide to the student
any necessary supports as determined by the public school.� Supports shall be
provided in a manner consistent with the board of education�s or board of
trustee�s intervention and referral services as required pursuant to State
Board of Education regulations.� The public school may initiate, or a parent or
guardian may request the initiation of, the special education classification
process, if appropriate.
���� c.���� A public school shall
attempt to minimize the use of physical restraints through inclusion of
positive behavioral supports in the student's behavioral improvement plan
developed pursuant to paragraph (1) of subsection b. of this section.
���� 8.��� (New section)� a. A
public school that utilizes seclusion techniques on a student, 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 pursuant to paragraph (3) of subsection
a. of section 7 of P.L.��� , c.��� (C.������� ) (pending before the Legislature
as this bill), 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 behavioral
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.
���� b.� Following the use of
seclusion techniques pursuant to subsection a. of this section, a public school
shall:
���� (1)�� develop, with parental
participation, a behavioral improvement plan at a meeting that shall be held
within one month of the use of a seclusion technique; and
���� (2)�� provide to the student
any necessary supports as determined by the public school.� Supports shall be
provided in a manner consistent with the board of education�s or board of
trustee�s intervention and referral services as required pursuant to State
Board of Education regulations.� The public school may initiate, or a parent or
guardian may request the initiation of, the special education classification
process, if appropriate.
���� c.���� A public school shall
attempt to minimize the use of seclusion techniques through inclusion of
positive behavioral supports in the student's behavioral improvement plan
developed pursuant to paragraph (1) of subsection b. of this section.
���� 9.��� (New section)� a.� The
Department of Education shall annually collect data from public schools on
students, other than students classified pursuant to chapter 46 of Title 18A of
the New Jersey Statutes, on the following:
���� (1)�� the number of times a
physical restraint or seclusion technique was utilized on a student and the
type and duration of the physical restraint or seclusion technique that was
utilized;
���� (2)�� the number of students
on which a physical restraint or a seclusion technique was utilized;
���� (3)�� the number of students
who have been excluded from school and required to undergo a mental health
clearance in order to return to school; and
���� (4)�� the number of days each
student was removed from school pending the acceptance by the school of
clearance to return.
���� b.� The department shall
annually publish the data collected pursuant to subsection a. of this section
on its website in a manner that protects student privacy and in accordance with
applicable State and federal law.� The data published on the website shall be
reported as a total for each public school and include Statewide totals.� In
addition, the published data shall separately be disaggregated by the race,
gender, and age of the student.
���� 10.� (New section)� a.� In the
second full school year following the date of enactment of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), the Commissioner of
Education shall survey each public school, educational services commission, and
approved private school for students with disabilities on the use of mental
health clearances and the impact of any policy put in place to comply with the
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).�
���� b.��� Within 180 days of the
start of the third full school year following the date of enactment of P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill), the
commissioner shall submit a report to the Governor and, pursuant to section 2
of P.L.1991, c.164 (C.52:14-19.1), the Legislature that includes the data
collected by the Department of Education pursuant to sections 5 and 9 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill); the
types of policies developed by public schools, educational services
commissions, and approved private schools for students with disabilities to
comply with the provisions of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill); and any measurable impact on student academic
performance after the use of physical restraint or seclusion or on student
return to school after receiving a mental health clearance.
���� 11.� (New section)� a.� The
Department of Education shall develop a crisis intervention training program
that includes, at a minimum, the following:
���� (1)�� evidence-based
techniques that are shown to be effective in the prevention and safe use of
physical restraint and seclusion techniques on students;
���� (2)�� competency-based skills
training relating to positive support, conflict prevention, de-escalation, and
crisis response techniques;
���� (3)�� guidelines on
understanding when there is an immediate danger of serious physical harm to a
student or others and when to intervene;
���� (4)�� an emphasis on safety
and respect for the rights and dignity of each person involved in an incident
that involves the use of physical restraint or seclusion techniques on a
student;
���� (5)�� an emphasis on using the
least restrictive form of intervention and taking incremental steps in an
intervention;
���� (6)�� alternatives to the use
of physical restraint and seclusion techniques;
���� (7)�� strategies for the safe
implementation of restrictive interventions;
���� (8)�� the use of emergency
safety interventions that include continuous assessment and monitoring of the
physical well-being of a student and the safe use of physical restraint and
seclusion techniques throughout the duration of a restrictive intervention;
���� (9)�� prohibited actions
relative to physical restraint and seclusion techniques;
���� (10) debriefing strategies and
the importance and purpose of debriefing;
���� (11) best practices for
documentation of instances of the use of physical restraint and seclusion
techniques on a student; and
���� (12) measurable learning
objectives for participants.
���� b.��� The department shall
make the training developed pursuant to subsection a. of this section available
to public schools, educational services commissions, and approved private
schools for students with disabilities at no cost.�
���� 12.� This act shall take
effect immediately.
STATEMENT
���� This bill expands limits on
the use of restraint and seclusion techniques to all students and imposes
certain data collection and training requirements on the Department of
Education (department).� Current law imposes certain requirements on school
districts, educational services commissions, and approved private schools for
students with disabilities that utilize physical restraint or seclusion
techniques on a student with disabilities.� This bill amends that law to
explicitly include charter schools and renaissance school projects and require:
���� 1) the utilization of physical
restraint or a seclusion technique on a student with disabilities to be in
accordance with the student�s individualized education program;
���� 2)� an individualized
education program meeting to be held within one month after each incident in
which physical restraint or a seclusion technique is used; and
���� 3)� immediate parental
notification when a seclusion technique is used and a full written report of
the incident, which is provided to the parent or guardian within 48 hours of
the occurrence of the incident.��
���� The bill also directs the department
to annually collect data from public schools, educational services commissions,
and approved private schools for students with disabilities on the use of
physical restraint and seclusion.� The collected data is required to include
the number of students who have been excluded from school and required to
undergo a mental health clearance in order to return to school, and the number
of days each student was removed from school pending the acceptance by the
school of clearance to return.� The data published on the website would be
reported as a total for each public school, educational services commission,
and approved private school for students with disabilities and include
Statewide totals.� In addition, the published data would be separately
disaggregated by the race, gender, age, and type of disability of the students.
���� The bill provides that the
requirements included in current law and in the bill on the use of physical
restraint and seclusion techniques on students with disabilities, are to also
be applied to the use of physical restraint and seclusion techniques on all
other students. �As to the general education students, the bill directs that
following the use of physical restraint or seclusion pursuant to the provisions
of the bill, a public school is to develop, with parental participation, a
behavioral improvement plan at a meeting that is to be held within one month of
the use of physical restraint or seclusion techniques.
���� The bill directs the
department to develop, and make available to public schools, educational
services commissions, and approved private schools for students with
disabilities at no cost, a crisis intervention training program that covers
certain listed topics, including evidence-based techniques that are shown to be
effective in the prevention and safe use of physical restraint and seclusion;
competency-based skills training relating to positive support, conflict
prevention, de-escalation, and crisis response techniques; and guidelines on
understanding when there is an immediate danger of serious physical harm to a
student or others and when to intervene.
���� The bill also directs the
Commissioner of Education to collect certain data related to the use of mental
health clearances and the impact of the provisions of the bill.� The bill then
requires the commissioner, within 180 days of the start of the third full
school year following the date of enactment to submit a report including this
information to the Governor and Legislature.