The school called but never sent anything in writing. Is that allowed?

Section 1003.573(7)(c) requires written notification before the end of the school day of the restraint, in addition to reasonable efforts by phone or email. A phone call alone does not meet the written requirement. Ask the school in writing for the notice and the incident report.

Does the restraint law apply to my child's pre-K class?

Section 1003.573 defines student as a child with an IEP in kindergarten through grade 12 and excludes prekindergarten students. Ask the district in writing what policies apply to pre-K students and request any incident documentation.

Can I see the school's restraint policies?

Yes. Each district must adopt policies and procedures on restraint and must publicly post its positive behavior interventions and supports policies at the beginning of each school year. Ask the district ESE office or check its website.

Should I keep my child home after a restraint?

That is your decision, made with your child's doctor and, if needed, an attorney. Compulsory attendance still applies, so talk with the school about a safety plan and document any absence related to your child's health or wellbeing.

Child Restrained at School in Florida: What to Do

Learning that your child was physically restrained at school is frightening. Florida law sets out what the school must tell you and when, and it gives you tools to prevent it from happening again. This page walks through the first 72 hours step by step: your child's wellbeing first, then the notices and report you should receive, the records to request, and the plans to ask for. It explains the law in general terms; for advice about your child's specific situation, talk with a Florida education attorney or advocate.

First: is your child safe and well?

Check for injuries. Look for marks, redness, bruises or pain, and ask your child gently what happened, in whatever way they communicate. If you see an injury or your child seems hurt, have them checked by their doctor and keep the visit record.
Take dated photos of any marks.
Write it down. While it is fresh, note when and how you heard, who told you, what they said, and what your child said or showed you.
If you believe your child was abused, the Florida Department of Children and Families' Florida Abuse Hotline takes reports 24 hours a day at 1-800-962-2873 or online. If a child is in immediate danger, call 911.

If your child seems different afterward, for example sleeping poorly, newly afraid of school or more easily overwhelmed, tell their doctor, therapist or BCBA.

Which students does Florida's restraint law cover?

Section 1003.573, Florida Statutes, governs seclusion and restraint of students with disabilities in public schools. It defines "student" as "a child with an individual education plan enrolled in grades kindergarten through 12." The term "does not include students in prekindergarten." If your child is in pre-K or has only a 504 plan, ask the school and district which policies apply to them.

The law sets firm limits:

Seclusion is banned: "Each school district shall prohibit school personnel from using seclusion." (s. 1003.573(2)) See Florida's seclusion ban.
Mechanical restraint is banned for school personnel, with an exception for school resource officers, safety officers, guardians and security guards with students in grades 6 through 12 (s. 1003.573(3)(a)).
Physical restraint is a last resort: it may be used "only when all positive behavior interventions and supports have been exhausted" and "only when there is an imminent risk of serious injury," and "must be discontinued as soon as the threat posed by the dangerous behavior has dissipated." It "may not be used to inflict pain to induce compliance" (s. 1003.573(3)(b)).
Not for discipline: physical restraint "may not be used for student discipline or to correct student noncompliance" (s. 1003.573(3)(c)).

The law does not count "briefly holding a student in order to calm or comfort the student or physically escorting a student to a safe location" as physical restraint. For a full explanation, see restraint rules in Florida schools.

What should the school have told you, and when?

Florida restraint notice and reporting deadlines (s. 1003.573(7))
What	Deadline	What the statute says
Written notice to you	Before the end of the school day the restraint happened	"A school shall notify the parent or guardian of a student each time restraint is used. Such notification must be in writing and provided before the end of the school day on which the restraint occurs."
Phone or email attempt	Same day	"Reasonable efforts must also be taken to notify the parent or guardian by telephone or e-mail, or both, and these efforts must be documented."
Incident report prepared	Within 24 hours after release (or by the end of the day school reopens, if a weekend or holiday intervenes)	s. 1003.573(7)(a)
Completed incident report sent to you	By mail within 3 school days after the restraint	"A school shall also provide the parent or guardian with the completed incident report in writing by mail within 3 school days after a student was restrained."
Your signed acknowledgments	Kept by the school	The school must obtain and keep your signed acknowledgment of the notice and of receiving the report.

What should the incident report include?

Section 1003.573(7)(b) lists what the report must contain. Check yours against it:

your child's name, age, grade, ethnicity and disability;
the date, time and duration of the restraint, and where it happened;
the type of restraint used;
the name of each person who used or assisted in the restraint, and the date each was last trained in positive behavior interventions and supports;
the name of any non-student witness;
the context, your child's behavior leading up to it, "including an indication as to why there was an imminent risk of serious injury";
"The positive behavior interventions and supports used to prevent and de-escalate the behavior";
what happened right after the restraint ended;
any injuries, visible marks or possible medical emergencies;
evidence of the steps taken to notify you; and
the date the crisis intervention plan was last reviewed and whether changes were recommended.

The 72-hour action plan

An example sequence; adapt it to what happened and what your child needs.

Day 1: Look after your child. Write your notes and take photos. Check whether you got written notice before the end of the school day. Email the principal and ESE case manager to say you are aware of the restraint and want to meet.
Day 2: Send a written records request (below). Ask for an IEP meeting to review what happened. Tell your child's doctor, therapist and BCBA.
By day 3 (school days): Watch for the mailed incident report. Compare it with the statute's list and your own notes. Write down anything missing or different.

A records request can read:

Example only. "I am requesting copies of all records related to the restraint of [child] on [date], including the written notice, the incident report under s. 1003.573(7), documentation of attempts to reach me, any crisis intervention plan, and [child]'s current functional behavioral assessment and behavior intervention plan. I am also requesting an IEP meeting to review the incident and [child]'s behavior supports."

You have the right to inspect and review your child's education records, and to have a representative review them (Rule 6A-6.03311(3)). See requesting school records for more on records rights.

What plans should I ask for?

A crisis intervention plan after a second restraint. "Upon the second time a student is restrained during a semester, the school shall develop a crisis intervention plan for the student" (s. 1003.573(6)(a)). It is developed by a team including you, school staff and "applicable physical and behavioral health professionals," and must include specific positive supports for dangerous behavior, "Known physical and behavioral health concerns that will limit the use of restraint," and a review timetable. The school must give you a copy. You can ask for one after the first restraint, too.
A new or updated FBA and behavior plan. For a student "whose behavior impedes the student's learning or the learning of others," the IEP team must consider "strategies, including the use of positive behavioral interventions, supports, and other strategies to address that behavior" (Rule 6A-6.03028(3)(g)6). Ask whether the current functional behavioral assessment still explains what happened; see what an FBA is.
Changes to triggers and setting. Ask what happened right before the behavior and what the school will change: schedule, demands, sensory load, staffing, break options.

You may invite your child's BCBA to the IEP meeting; see bringing your BCBA to the IEP meeting.

When should I consider a complaint?

If the school did not notify you on time, did not send the report, used restraint for discipline or noncompliance, used seclusion, or did not develop a required crisis plan, those are possible violations of state requirements. A state complaint to the Florida Department of Education is one route: it must be signed, in writing, copied to the district, and about violations within one year before it is received; FDOE generally decides within 60 calendar days (Rule 6A-6.03311(5)). Mediation and due process are other options. Compare them in Florida's IEP dispute options. If your child was injured or you believe a crime occurred, talk with a Florida attorney about your options.

Districts must also report restraint data monthly, and FDOE publishes deidentified statewide data by county, school and exceptionality (s. 1003.573(8)).

How Hope Center approaches safety

Hope Center does not use restraint. Our approach is trauma-informed and assent-based, with the least intrusive, safest strategies such as brief response interruption and redirection, and removing hazards. If a child cannot be kept safe, staff call 911 and report to the behavior analyst. Our BCBAs can help you review the school's FBA and behavior plan, share what works at home and in therapy, and join IEP meetings where the school allows. To talk with us, contact us or call 561-337-8865. Read more about Hope Center's no-restraint approach.

This guide is general information for Florida families, not medical, legal or financial advice for your child. Laws, plan rules and program amounts change; check with your plan, the agency named, or a Florida attorney before you act.

Your Child Was Restrained at School: What to Do in the Next 72 Hours