New Jersey - Restraint and Seclusion: Prohibitions or Restrictions

Prohibitions Or Restrictions
Policy Type: 

Topic is not addressed in state laws.

New Jersey Revised Statutes 18A:46-13.4 Definitions relative to use of physical restraint, seclusion techniques on students with disabilities.

[Coding note: The law was enacted in 2018; does not contribute to coding.]

As used in this act [C.18A:46-13.4 through 18A:46-13.7]:

“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 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.

New Jersey Revised Statutes 18A:46-13.7 Guidelines, review process.

  1. The department 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.
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