Some parents still picture a "seclusion room" where a child who is upset is shut in alone until they calm down. In Florida public schools, that practice is not allowed for students the law covers. Section 1003.573, Florida Statutes, tells every school district to prohibit school personnel from using seclusion. This article explains exactly what the law bans, what it still allows, which students it covers and what to do if you think it happened to your child.
What does Florida law say about seclusion?
Subsection (2) of s. 1003.573 is one sentence long:
Each school district shall prohibit school personnel from using seclusion.
The ban came in with a 2021 amendment to the statute (chapter 2021-140, Laws of Florida). The section was amended again in 2022 and 2023, and the 2026 statute keeps the ban.
What counts as seclusion?
The statute defines it in s. 1003.573(1)(e):
"Seclusion" means the involuntary confinement of a student in a room or area alone and preventing the student from leaving the room or area. The term does not include time-out used as a behavior management technique intended to calm a student.
Read the definition piece by piece. Seclusion has three parts:
- Involuntary: the student did not choose it.
- Confinement alone: in a room or an area, by themselves.
- Prevented from leaving: the student cannot leave the room or area.
The statute does not list examples, so whether a specific situation was seclusion depends on the facts. A practice that combines all three parts, such as keeping a child alone in a room and blocking or locking the exit, fits the definition. A calm-down corner the child can walk away from is a different situation.
Is time-out still allowed?
Yes, within limits. The definition excludes "time-out used as a behavior management technique intended to calm a student." The statute does not define time-out in more detail. The key difference in the text is purpose and confinement: time-out is meant to help a student calm, while seclusion is involuntary confinement alone with the student prevented from leaving. If your child's IEP or behavior plan uses breaks or time-out, ask the team to write down where it happens, who stays with your child, whether your child can leave, and how long it lasts.
Positive behavior supports are the expected approach. Each district must adopt positive behavior interventions and supports and post its policies on them publicly at the start of each school year (s. 1003.573(4)(a) and (c)). Ask your school for that policy.
Which students does the seclusion ban cover?
This is the part many families miss. The whole section, including the seclusion ban, uses a narrow definition of "student" in s. 1003.573(1)(f):
"Student" means a child with an individual education plan enrolled in grades kindergarten through 12 in a school, as defined in s. 1003.01(17), or the Florida School for the Deaf and Blind. The term does not include students in prekindergarten, students who reside in residential care facilities under s. 1003.58, or students participating in a Department of Juvenile Justice education program under s. 1003.52.
| Student | Covered by s. 1003.573? |
|---|---|
| K-12 student with an IEP in a public school | Yes |
| Prekindergarten student, including ESE pre-K | No, excluded by the text |
| Student with a Section 504 plan only (no IEP) | Not by this section's definition, which requires an IEP |
| Student in a residential care facility under s. 1003.58 or a DJJ education program | No, excluded by the text |
| Student using an FES-UA scholarship at a private school | The section applies to schools as defined in s. 1003.01(17); private schools set their own policies |
Being outside this section does not mean anything goes. Other laws still apply to every child, including child abuse laws and federal disability-rights law, and districts may have policies that reach further. If your child is in pre-K or has only a 504 plan, ask the school in writing for its policy on seclusion and restraint for your child. Our IEP vs 504 plan comparison explains other differences, and charter and private school rules are covered in charter and private school rights.
What can I ask the IEP team to put in writing?
You do not have to wait for a problem. If your child sometimes becomes overwhelmed at school, these questions can make the plan clearer for everyone:
- Where will my child go for a break, and is it a space they can leave?
- Which adult stays with my child during a break or time-out, and how long can it last?
- What early signs of distress should staff watch for, and what helps my child calm (for example, a quiet corner, headphones, movement or a visual schedule)?
- How and when will the school tell me about a difficult moment, even when no restraint was used?
- Has a functional behavioral assessment been done, and when will the behavior plan be reviewed?
Answers written into the IEP or behavior plan are easier to rely on than a verbal promise.
How is seclusion different from restraint?
Restraint is regulated, not banned. Florida bans mechanical restraint by school personnel (with an exception for certain school safety staff with students in grades 6 through 12) and allows physical restraint only when there is an imminent risk of serious injury and positive supports have been exhausted. Parents must be told in writing the same day. See restraint rules in Florida schools for the full rules.
What should I do if I think my child was secluded?
Children who are autistic, minimally speaking or young may not be able to describe what happened. Look for changes such as new fear of a room or a staff member, distress at drop-off, or repeated reports of being "in the room." Then:
- Write it down. Note dates, what your child said or showed, and who told you what.
- Ask the school in writing. Ask what happened, where your child was, who was with them, whether the door was closed or blocked, and for how long. Ask for any incident documentation.
- Request an IEP meeting to review the behavior plan and add clear language about breaks and supervision. A functional behavioral assessment can help the team understand what the behavior is communicating; see behavior intervention plans explained.
- Contact the district ESE office if the school's answers are unclear.
- Use formal options if needed. A written state complaint to the Florida Department of Education can raise violations from the past year; compare options in IEP dispute options.
- Report suspected abuse. If you believe your child was abused, Florida law requires anyone who suspects child abuse to report it to the Florida Abuse Hotline, 1-800-962-2873. If a child is in immediate danger, call 911.
For advice about your child's specific situation, speak with a Florida special education attorney or advocacy organization.
How does Hope Center handle unsafe moments?
Hope Center does not use restraint. Our programs are trauma-informed and assent-based: we use the least intrusive strategies, redirection, removing hazards and calming support, and if a child cannot be kept safe, staff call 911 and report to the behavior analyst. Read more in how Hope Center keeps children safe without restraint. If your child's behavior at school is leading to removals, ABA can help identify triggers and teach replacement skills, and our staff can join IEP meetings where the school allows. Contact us or call 561-337-8865.