Hearing that your child was physically held at school is upsetting, and it raises fast questions: was it allowed, why was it needed, and what should happen next? Florida has detailed rules in s. 1003.573, Florida Statutes, for students with an IEP in kindergarten through grade 12. They limit when restraint can be used, ban some types outright, require same-day written notice to you, and require a crisis plan when restraint happens a second time in a semester. This article explains each rule with the statute's own words.
What counts as restraint under Florida law?
The statute defines two types in s. 1003.573(1)(d):
- Mechanical restraint "means the use of a device that restricts a student's freedom of movement." It "does not include the use of devices prescribed or recommended by physical or behavioral health professionals when used for indicated purposes."
- Physical restraint "means the use of manual restraint techniques that involve significant physical force applied by a teacher or other staff member to restrict the movement of all or part of a student's body." It "does not include briefly holding a student in order to calm or comfort the student or physically escorting a student to a safe location."
So a brief comforting hold or walking a child to a safe place is not restraint under the statute. Significant force to restrict movement is.
When can a Florida school restrain a student?
Subsection (3) sets four rules.
Mechanical restraint is banned for school staff
(a) School personnel may not use mechanical restraint. This paragraph does not apply to school resource officers, school safety officers, school guardians, or school security guards as described in s. 1006.12, who may use mechanical restraint in the exercise of their powers and duties to restrict students in grades 6 through 12.
Teachers, aides and other school staff may not use devices such as straps or ties to restrict movement. The exception is limited to the listed safety personnel, and only with students in grades 6 through 12.
Physical restraint only for imminent risk of serious injury
(b) Authorized school personnel may use physical restraint only when all positive behavior interventions and supports have been exhausted. Physical restraint may be used 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. Physical restraint techniques may not be used to inflict pain to induce compliance.
"Imminent risk of serious injury" is defined as "the threat posed by dangerous behavior that may cause serious physical harm to self or others."
Never for discipline or noncompliance
(c) ... physical restraint may be used only to protect the safety of students, school personnel, or others and may not be used for student discipline or to correct student noncompliance.
Refusing to do work, leaving a seat or not following directions is noncompliance. On its own, it is not a lawful reason for restraint.
Only the force necessary
(d) The degree of force applied during physical restraint must be only that degree of force necessary to protect the student or others from imminent risk of serious injury.
What notices must I get, and when?
| What | Deadline | Details |
|---|---|---|
| Written notice to the parent | Before the end of the school day the restraint occurs | Required "each time restraint is used." The school must also make and document reasonable efforts to reach you by phone or email, and keep your signed acknowledgment that you were notified. |
| Incident report prepared | Within 24 hours after the student is released from restraint | If release is just before a weekend or holiday, by the end of the school day the school reopens. |
| Completed incident report to the parent | "in writing by mail within 3 school days after a student was restrained" | The school keeps your signed acknowledgment of receipt. |
| Crisis intervention plan | Upon the second restraint in a semester | Developed with you; you get a copy (s. 1003.573(6)). |
What must the incident report include?
Under s. 1003.573(7)(b), the report must include: your child's name; age, grade, ethnicity and disability; the date, time and duration of the restraint; the location; the type of restraint used; the name of each person who used or assisted in the restraint and the date that person was last trained in positive behavior interventions and supports; the name of any nonstudent witness; and a description of the incident covering the context, the behavior leading up to it and why there was an imminent risk of serious injury, the positive supports used to prevent and de-escalate, what happened right after, any injuries, visible marks or possible medical emergencies, the steps taken to notify you, and when the crisis intervention plan was last reviewed.
Read the report closely. If a section is blank or vague, especially the reason for the imminent risk and the supports tried first, ask for it to be completed.
What is a crisis intervention plan?
The statute defines it as "an individualized action plan for school personnel to implement when a student exhibits dangerous behavior that may lead to imminent risk of serious injury." Under s. 1003.573(6), "Upon the second time a student is restrained during a semester, the school shall develop a crisis intervention plan for the student." It is developed by a team that includes you, school personnel and "applicable physical and behavioral health professionals," and it must include:
- specific positive behavior interventions and supports to use in response to dangerous behaviors;
- known physical and behavioral health concerns that will limit the use of restraint for your child; and
- a timetable for reviewing and, if needed, revising the plan.
The second item matters for many autistic children: if your child has a medical condition, sensory sensitivity to touch or a history of trauma, it belongs in the plan. Because the team can include behavioral health professionals, you can ask that your child's BCBA be part of it.
What training and oversight does the law require?
- Annual training for all personnel authorized to use positive behavior interventions and supports, including risk assessment, safe techniques, documentation, medical emergencies and CPR (s. 1003.573(5)).
- A district plan to reduce restraint, with a goal and activities such as staff training, parental involvement, data review and updates to functional behavioral assessments and behavior plans (s. 1003.573(4)(a)6.).
- Monthly reporting of restraint documentation to the principal, the district ESE director and the state Bureau of Exceptional Education and Student Services, plus deidentified public data on the Department of Education website (s. 1003.573(8)).
Which students do these rules cover?
The section applies to a "student," defined as a child with an IEP in kindergarten through grade 12 in a school as defined in s. 1003.01(17) or the Florida School for the Deaf and the Blind. It does not include prekindergarten students, students living in residential care facilities under s. 1003.58, or students in Department of Juvenile Justice education programs. A student with only a Section 504 plan does not meet the section's definition. If your child is outside it, ask the school for its written policy. Seclusion, a separate practice, is banned for covered students; see the seclusion ban.
What should I do after my child is restrained?
Our step-by-step guide, your child was restrained at school: what to do in the next 72 hours, covers this in detail. In short: check your child for injuries and get medical care if needed, keep every notice, compare the incident report with the rules above, request a meeting to review the behavior plan, and ask for a crisis intervention plan if this is the second restraint this semester. If you believe your child was abused, report it to the Florida Abuse Hotline at 1-800-962-2873. For disputes, see IEP dispute options, and for advice about your child's case, a Florida special education attorney or advocacy organization.
How can ABA help reduce dangerous behavior at school?
Restraint rules focus on what happens in a crisis. The longer-term work is understanding why the behavior happens and teaching safer ways to communicate needs. A functional behavioral assessment and a behavior intervention plan built on positive supports are the usual tools; see behavior intervention plans explained.
Hope Center does not use restraint; our approach is trauma-informed and assent-based, using the least intrusive strategies (see how we keep children safe without restraint). Our BCBAs can share data with your child's school team, and our staff can join IEP meetings where the school allows. Contact us or call 561-337-8865 for a free consultation.