Law and Inequality
No federal law in the United States prohibits school administrators from physically restraining or secluding students. 1 State laws diverge widely. 2 Unlike in medical, psychiatric, and law enforcement settings, where strict national standards govern the use of physical restraint and seclusion, many schools may have no, or inconsistent, guidelines to follow in deciding when the use of force upon students is appropriate. 3 This lack of industry-approved protocol and standardized training of school personnel makes restraint and seclusion susceptible to misapplication and abuse. 4
David Weissbrodt, Willy Madeira, Daniel Stewart, and William Dikel, Applying International Human Rights Standards to the Restraint and Seclusion of Students with Disabilities, 30 Law & Ineq. 287 (2012), available at http://scholarship.law.umn.edu/faculty_articles/365.