Michigan seclusion and restraint law (MCL 380.1307) states, "It is the intent of the legislature that sections 1307 to 1307h shall provide for a uniform policy regarding the use of seclusion and restraint in the public schools that accomplishes the following objectives: d) Clearly defines the terms "seclusion", "restraint", "emergency seclusion", and "emergency physical restraint" and clearly states the procedures for the use of emergency seclusion and emergency physical restraint."

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However, those who are expected to follow this law have stated that:

• "The law regarding the use of seclusion and restraint in classrooms is vague and hard to understand.​"

• "There is not sufficient training or awareness for teachers and administrators regarding the psychological and emotional trauma caused by seclusion and restraint."

• "The guidelines produced by MDE is not thorough enough."

• "There are places where objective and subjective qualities are mixed together, some of which cannot be known by the teacher or administrator like (1307c(c))." 

  • What is considered "imminent risk to the safety of the pupil or to the safety of others?​"

  • What is "a manner that, based on research and evidence, is safe, appropriate, and proportionate to and sensitive to the pupil's severity of behavior, chronological and developmental age, physical size, gender, physical condition, medical condition, psychiatric condition, and personal history, including any history of physical or sexual abuse or other trauma"?

• "The definition of seclusion is incomplete."

 

The US Department of Education Office of Civil rights collects a range of information, including incidents of restraint and seclusion of public school children, in the Civil Rights Data Collection (CRDC) which is compiled and released in a report called "Student Discipline and School Climate in U.S. Public Schools."  

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For the purpose of consistency and clarity, ​EndSaR suggests that Michigan uses the CRDC definitions of restraint and seclusion with slight modifications, redefines emergency situation, uses the existing definition of serious physical injury, and adds definitions of necessary brief hold restraint, unnecessary restraint, extended restraint, full restraint, gentle escort, restraint escort, solitary seclusion, isolated seclusion, time out, voluntary sensory gyms, and voluntary calming spaces:

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Serious physical injury means an injury that— (A) is life threatening; (B) results in permanent impairment of a body function or permanent damage to a body structure; or (C) necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure.     

• US Code has a legal definition of serous physical injury (42 USC § 247d-6d(i)(10)).

• The US Department of Education recommends that seclusion and restraint only be used when behavior poses an "imminent danger of serious physical harm to self or others."

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Seclusion refers to the involuntary confinement of a student in a room or area, with or without adult supervision, from which the student is not permitted to leave. Students who believe or are told by a school staff member that they are not able to leave a room or area, should be considered secluded.

* This includes requiring a student to stay for an adult-designated period of time or requiring them to complete a compliance demand before being permitted to leave (like being quiet for 5 minutes or making an apology) *.  The term does not include a classroom or school environment where, as a general rule, all students need permission to leave to room or area such as to use the restroom and does not include allowing students to access a sensory gym, voluntary calming space, or a break or a walk with a supportive adult. 

• This definition is based on the CRDC definition with the following modifications:

  • * The statement within the astricts was added for clarity. *​

  • The statement in italic was changed from "; a behavior management technique that is part of an approved program, which involves the monitored separation of a student in an unlocked setting, from which the student is allowed to leave; or placing a student in a separate location within a classroom with others or with an instructor, so long as the student has the same opportunity to receive and engage in instruction" because we defined "sensory gym" and "voluntary calming space" to cover this situation in greater detail.

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Physical restraint refers to a personal restriction, imposed by a school staff member or other individual, that immobilizes or reduces the ability of a student to move their torso, arms, legs, or head freely. The term physical restraint does not include a gentle escort. *x* Encouraging, inducing, or forcing a student to walk to a safe location in a way that involves methods utilized to maintain physical control of a student should be considered a physical restraint.

• This definition is consistent with the CRDC definition with the following modifications:​

  • The following statement was removed from the *x* location for the purpose of adding it as a separate definition, "Physical escort includes a touching or holding of the hand, wrist, arm, shoulder, or back of a student for the purpose of inducing a student to walk to a safe location, when the contact does not continue after arriving at the safe location.​

  • The term in italics was changed from physical to gentle to distinguish between the two types of escort; gentle and restraint.

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Necessary, brief-hold restraint is the only lawful use of restraint in schools and is defined as a brief hold necessary to prevent serious physical injury such as to break up a fight, stop a physical assault as defined in MCL 380.1310(b), take a weapon from a pupil, or prevent an impulsive behavior that threatens a pupil’s immediate safety, such as running in front of a car or banging their head against a brick wall.​

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Extended restraint is a restraint that is not brief meaning that it lasts longer than 5 minutes or longer than is necessary to break up a fight, stop a physical assault, take a weapon, or prevent a dangerous, impulsive behavior. 

 

Gentle escort means gently touching or holding of the hand, wrist, arm, shoulder, or back of a student for the purpose of inducing a student to walk to a safe location, when the contact does not continue after arriving at the safe location.​ 

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Restraint escort means encouraging, inducing, or forcing a student to walk to a safe location in a way that involves methods utilized to maintain physical control of a student.  Restraint escorts are traumatic, unnecessary restraints and are prohibited in Michigan schools.

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Full restraint means a personal restriction, imposed by a school staff member or other individual, that simultaneously immobilizes or reduces the ability of a student to move their torso, arms, legs, and head freely. Full restraints are traumatic, unnecessary restraints and are prohibited in Michigan schools.

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Emergency situation means a situation in which a pupil's behavior poses imminent risk of serious physical injury to the individual pupil or of serious physical injury to others. ​

• This definition is consistent with the US Department of Education statement, replacing "harm" with "injury" to provide a legal definition (MCL 324.20139).

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​Isolated seclusion means the involuntary confinement of a student in a room or other space, separated from peers, from which the student is not permitted to leave. 

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Solitary seclusion means the involuntary confinement of a student in a room or other space, alone or without the ability the engage with an attentive, responsive adult, from which the student is not permitted to leave. 

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Time out is a term that is used to mean a range of different things from a much needed break to the unlawful seclusion of students.  Time outs that are imposed upon a student by an adult (involuntary) and the student is prevented from leaving meet the definition of seclusion are prohibited.  Time outs that allow students access to a sensory gym, voluntary calming space, a walk or a break with an attentive, regulated adult who can offer co-regulation and assess the need for increased support can be a healthy use of time out or time in.

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Voluntary Sensory gym is a sensory rich environment with specialized equipment designed to stimulate a child’s senses and vestibular and proprioception systems, improve bodily awareness, motor skills, communication, social skills, and that feels regulating to a child whose body needs to move throughout the day in order to stay regulated.  Access to a sensory gym is not a reward for compliance or desired behaviors, but rather a necessary accommodation in order to meet students' needs and thus prevent extreme behavior.  Access to a sensory gym should be built in to schedule of student who need them and the schedule should remain flexible to allow access as needed to prevent escalation, especially during difficult days.

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Voluntary calming space is a place where students who are feeling stressed, overwhelmed, or emotionally dysregulated in the standard educational environments can go to receive co-regulation or practice self-regulation and from which they can leave freely through a clearly open exit.  Voluntary calming spaces require a trained adult who can engage as necessary and assess the need for increased support.  Voluntary calming spaces can be within the classroom where a student can access activities and instruction with their peers or they can be outside of the classroom setting.  Voluntary calming spaces must include comforting elements such as soft seating, soft lighting, options for students to choose from to calm their nervous systems such as snacks, headphones for listening to calm music, coloring pages, fidgets, Legos and posters with guidance for practicing regulation skills.  Adults may invite students, but cannot force them, to go to or stay in a voluntary calming space, cannot demand that they go, or threaten punishment or consequence if they don’t go, and they cannot be used as a punishment or consequence. Access to a voluntary calming space is not a reward for compliance or desired behaviors, but rather a necessary accommodation in order to meet students' needs and thus prevent extreme behavior.  Access to a voluntary calming space can be built in to schedule of student who need them and the schedule should remain flexible to allow access as needed to prevent escalation, especially during difficult days.