Federal bill S. 3895 is an updated version of S. 2860, that will allow school districts to include restraint and seclusion in individual education programs (IEPs) if students have a two-year history of dangerous behaviors that could result in serious bodily injury and had functional behavioral assessments and behavioral intervention plans that were developed by professionals.


(5) The use of physical restraint or seclusion shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program (as defined in section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d))) unless all of the following conditions apply:

     (A) The use of physical restraint and seclusion complies with the minimum standards of this section and any other applicable State law (including regulations) regarding physical restraint or seclusion, to the extent State law (including regulations) provide additional protection for students.

     (B) The student has a documented history showing a series of behaviors in the preceding 2 years that has created an imminent danger of serious bodily injury in school.

     (C) A comprehensive, data-driven functional behavior assessment has been conducted,and a behavioral intervention plan implemented, by a qualified team of professionals.

Click here for more information about Federal Bill S. 3895.

CPI Training Can Help!
Nonviolent Crisis Intervention® training program techniques have been shown to be effective in both the prevention of and the safe use of physical restraint and seclusion. Our evidence-based program is designed to provide you with training in identifying the underlying causes of the student behaviors that can lead to restraint or seclusion. The training centers on prevention and de-escalation techniques and other alternatives to restraint and seclusion, as well as:

  • Evaluating risk of harm.
  • Monitoring for signs of distress.
  • Documenting incidents.
  • Safe, less-restrictive physical interventions to be used only as a last resort.

Our training can be tailored to the unique needs of your school. With our train-the-trainer option, select staff can be certified to teach the program to other staff in your school or district on a continuing basis. We also offer specialized materials to help you incorporate a comprehensive PBIS plan into your framework for decreasing problem student behavior and promoting positive behavior choices.