Restraint and Seclusion: A Persistent Challenge

Restraint and seclusion procedures employed by educators continue to be a persistent and controversial issue that may fail to provide a free, appropriate public education to students and consequently violate U.S. Section 504 and/or the Individuals with Disabilities Education Act. There are 172 pending cases currently under investigation at elementary, secondary, and post-secondary schools by the Office for Civil Rights from January 1, 2014, to August 30, 2025 (47 since January 1, 2024). To illustrate the nature of these settlements, a recent representative settlement from South Carolina will be discussed, given the large number of incidents without any action taken by the district. It is crucial that school districts review and update their policies and procedures related to restraint and seclusion to ensure compliance. Themes of recent decisions/settlements are highlighted, and resources for improved practice are provided.