While restraint continues to occur in New Jersey schools, the state has made progress in addressing the issue of seclusion and restraint. In 2020, the state enacted a law requiring the New Jersey Department of Education (NJDOE) to collect data on incidents of seclusion and restraint in schools. This data collection aims to provide transparency and accountability, allowing parents and educators to better understand the prevalence and context of these practices.
Additionally, the state has implemented guidelines that encourage the use of positive behavioral interventions and supports (PBIS) instead of seclusion and restraint. Training programs emphasize conflict de-escalation strategies, fostering an environment conducive to learning.
The state’s regulations governing the use of seclusion and restraint in schools are outlined in the New Jersey Administrative Code (N.J.A.C. 6A:16-6.2). Key provisions include:
- Prohibition of Seclusion: New Jersey prohibits the use of seclusion for students with disabilities, meaning that they cannot be isolated in a room or space against their will, and cannot be placed in a room that they cannot leave without assistance (i.e. locked door, closed door held shut, etc.) This distinguishes seclusion from a voluntary time-out or a break.
- Restraint Regulations: The use of physical restraint is permitted only in emergencies where there is an immediate threat to the safety of the student or others. The restraint must be proportional and not used as a form of punishment.
- Documentation, Reporting and Timely Parental Notification: Schools are required to document any instances of restraint and notify parents/guardians. This documentation must include the circumstances that led to the use of restraint, the date and time, as well as the duration, and the specific behavior that prompted it.
- Training: School personnel must receive training in crisis intervention techniques, positive behavior supports, and de-escalation strategies to minimize the need for restraint.
- Individualized Plans: School districts are encouraged to develop individualized crisis intervention plans that outline proactive strategies for managing behaviors and preventing crises.
- Oversight: The NJDOE monitors compliance with restraint regulations, and schools are encouraged to review incidents to identify patterns and improve practices.
- Prevention: Schools are expected to use positive behavioral interventions and supports as primary strategies to manage student behavior and reduce the reliance on restraint.
These protections aim to safeguard the rights and dignity of students with disabilities, ensuring that their educational environment is safe and conducive to learning. As awareness of the issues surrounding seclusion and restraint grows, many advocates continue to push for stronger protections across all states.
