New Jersey

Mechanical restraint is not mentioned in the seclusion and restraint law.

“Physical restraint” means the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body.

Chemical restraint is not mentioned in the seclusion and restraint law.

“Timeout” means a behavior management technique that involves the monitored separation of a student in a non-locked setting, and is implemented for the purpose of calming

“Seclusion technique” means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout.

Corporal punishment is not defined in the seclusion and restraint law. It is prohibited in New Jersey as per N.J. Stat. Ann. 18A:6‑1.

No

Only used in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger, a student is not restrained in a prone position, unless the student’s primary care physician authorizes, in writing, the use of this restraint technique; staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint from an entity determined by the board of education to be qualified to provide such training, and that the training is updated at least annually; the parent or guardian of a student is immediately notified when a physical restraint is used on that student, which notification may be made by telephone or electronic communication. A full written report of the incident of physical restraint shall be provided to the parent or guardian within 48 hours of the occurrence of the incident; each incident in which a physical restraint is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques of physical restraint, in order to protect the safety of the child and others; and each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting. B. A school district, an education services commission, and an approved private school for students with disabilities shall attempt to minimize the use of physical restraints through inclusion of positive behavior supports in the student’s behavior intervention plans developed by the individualized education plan team.

No criteria are provided in the New Jersey seclusion and restraint law.

No criteria are provided in the New Jersey seclusion and restraint law.

Only used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger; each incident in which a seclusion technique is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques of physical restraint, in order to protect the safety of the child and others; and each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting.

No person employed or engaged in a school or educational institution, whether public or private, shall inflict or cause to be inflicted corporal punishment upon a pupil attending such school or institution; but any such person may, within the scope of his employment, use and apply such amounts of force as is reasonable and necessary: (1) to quell a disturbance, threatening physical injury to others; (2) to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil; (3) for the purpose of self-defense; and (4) for the protection of persons or property; and such acts, or any of them, shall not be construed to constitute corporal punishment within the meaning and intendment of this section. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing corporal punishment to be inflicted upon a pupil attending a school or educational institution shall be void. (N.J. Stat. Ann. 18A:6‑1)

No criteria are provided in the New Jersey seclusion and restraint law.

Yes

The parent or guardian of a student is immediately notified when physical restraint is used on that student, which notification may be by telephone or electronic communication. A full written report of the incident of physical restraint shall be provided to the parent or guardian within 48 hours of the occurrence of the incident.

Each incident in which seclusion technique or physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting.

The department shall establish guidelines for school districts, educational services commissions, and approved private schools for students with disabilities to ensure that a review process is in place to examine the use of physical restraints or seclusion techniques in emergency situations, and for the repeated use of these methods for an individual child, within the same classroom, or by a single individual. The review process shall include educational, clinical, and administrative personnel. Pursuant to the review process the student's individualized education plan team may, as deemed appropriate, determine to revise the behavior intervention plan or classroom supports, and a school district, educational services commission, or approved private school for students with disabilities may determine to revise a staff member's professional development plan. (Section 18A:46-13.7)

No reporting requirements are specified in the seclusion and restraint law.

No reporting requirements are specified in the seclusion and restraint law.

https://www.nj.gov/education/vandv/annualreport/

The law only applied to students with disabilities in a school district, an educational services commission, or an approved private school for students with disabilities.

Staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint from an entity determined by the board of education to be qualified to provide such training, and that the training is updated at least annually.