At a Glance — Banned Practices
Seclusion / Isolation Not Banned
Prone Restraint Banned
Supine Restraint Not Banned
Mechanical Restraint Not Banned
Chemical Restraint Not Banned
Corporal Punishment Partial
Definitions
Mechanical Restraint
South Dakota does not have extensive, rigid state-level regulations on restraint and seclusion. Instead, under South Dakota Codified Law 13-32-20, the state requires every local school district board to adopt or update its own specific written policy governing school employees. Policy for school district employees on use of restraint and seclusion. The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Physical Restraint
South Dakota does not have extensive, rigid state-level regulations on restraint and seclusion. Instead, under South Dakota Codified Law 13-32-20, the state requires every local school district board to adopt or update its own specific written policy governing school employees. Policy for school district employees on use of restraint and seclusion. The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Chemical Restraint
South Dakota does not have extensive, rigid state-level regulations on restraint and seclusion. Instead, under South Dakota Codified Law 13-32-20, the state requires every local school district board to adopt or update its own specific written policy governing school employees. Policy for school district employees on use of restraint and seclusion. The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Time-Out
Because "timeout" is officially categorized as a low-level behavioral intervention rather than a restrictive disciplinary measure, its legal boundaries are established by explicitly contrasting it against the strict regulations placed on "seclusion".
Seclusion / Isolation
Seclusion--placement of a person alone in a room or other area from which egress is prevented except if utilized by the South Dakota Developmental Center or a community support provider in accordance with
Corporal Punishment
Corporal punishment--physical or verbal abuse, such as shaking, screaming, swearing, name calling, or any other activity that would be damaging to a person's physical well-being or self-respect;
Seclusion Room Requirements
South Dakota does not have extensive, rigid state-level regulations on restraint and seclusion. Instead, under South Dakota Codified Law 13-32-20, the state requires every local school district board to adopt or update its own specific written policy governing school employees. Policy for school district employees on use of restraint and seclusion. The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Criteria for Use
Physical Restraint
South Dakota does not have extensive, rigid state-level regulations on restraint and seclusion. Instead, under South Dakota Codified Law 13-32-20, the state requires every local school district board to adopt or update its own specific written policy governing school employees. Policy for school district employees on use of restraint and seclusion. The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Mechanical Restraint
South Dakota does not have extensive, rigid state-level regulations on restraint and seclusion. Instead, under South Dakota Codified Law 13-32-20, the state requires every local school district board to adopt or update its own specific written policy governing school employees. Policy for school district employees on use of restraint and seclusion. The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Chemical Restraint
South Dakota does not have extensive, rigid state-level regulations on restraint and seclusion. Instead, under South Dakota Codified Law 13-32-20, the state requires every local school district board to adopt or update its own specific written policy governing school employees. Policy for school district employees on use of restraint and seclusion. The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Seclusion / Isolation
The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Corporal Punishment
South Dakota does not have a specific law that explicitly prohibits or expressly authorizes corporal punishment in schools, placing it in a small group of states without an outright statutory ban. Physical force authorized when reasonable and necessary--Attendance at school functions away from premises--Authority of bus drivers.Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise children who have been authorized to attend a school function away from their school premises and to school bus drivers while students are riding, boarding, or leaving the buses.
The receipt of services and supports pursuant to this chapter does not operate to deprive any person with a developmental disability of any other rights, benefits, or privileges, does not cause the person with a developmental disability to be declared legally incompetent, and may not be construed to interfere with the rights and privileges of parents or guardians regarding the minor child. No agency, community service provider, facility, school, or person who receives public funds and provides services to persons with developmental disabilities may engage in the following practices: Corporal punishment--physical or verbal abuse, such as shaking, screaming, swearing, name calling, or any other activity that would be damaging to a person's physical well-being or self-respect;
Time-Out
N/A
Notifications & Reporting
Parent / Guardian Notification Required?
Yes
Notification Timeline
The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Incident Reporting Requirements
The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Reporting Timeline
The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Annual Reporting Requirements
In an effort to improve its practices, each LEA should devise a system to review and analyze documentation of seclusion incidents quarterly. This information will facilitate the identification of students who are repeatedly being placed in seclusion and schools that are overly using seclusion practices.1
Annual Reporting Timeline
The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Where Annual Reports are Published
N/A
Scope of Coverage
Scope of Coverage
Public Schools
Training Requirements
Staff Training Requirements
The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion; (2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and (3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.