Increasing the dialogue among stakeholders in New Jersey’s special education system

A bill making its way through the New Jersey Legislature would establish requirements for the use of restraint and seclusion for students with disabilities. This spring, the bill (Senate Bill 1163) cleared the New Jersey Senate and has been referred to the Assembly Human Services Committtee.

Under the measure, school districts and approved private schools for students with disabilities that use physical restraint on students with disabilities, would be required to ensure that no student is restrained in the prone position, unless a physician authorizes the use of this restraint technique; staff receive annual training in safe techniques for physical restraint and seclusion; parents or guardians are notified, and, the incident be documented in sufficient detail to help develop or improve behavior plans. The bill also requires schools to use positive behavior supports to help avoid the need for such procedures.

The measure also requires schools to develop guidelines and a review process, and to collect and report data by county, race, gender and age.

The bill defines the terms “seclusion” and “time out” but does not define the term “physical restraint.”