2018 Session Laws

CHAPTER 99

(SB 46)

School district policy limiting the use of restraint and seclusion.


        ENTITLED, An Act to require school districts to adopt a policy limiting the use of restraint and seclusion.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-32 be amended by adding a NEW SECTION to read:

    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.

     Signed March 23, 2018
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