State law requires districts to adopt policies that limit use of restraint and seclusion without addressing comprehensive student protections.
South Dakota Codified Laws 13-32-20 Policy for school district employees on use of restaint and seclusion
The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions:
- (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion;
- (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student’s body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and
- (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.