New Hampshire Restraint and Seclusion Law: What Parents Need to Know

Your child's IEP should be a plan for learning — not a document that authorizes someone to physically hold them down or lock them in a room. New Hampshire has one of the more explicit state laws on restraint and seclusion in the country, RSA 126-U, and most parents have never read it. That gap in knowledge leaves children exposed.

Here is what the law actually says, what it prohibits, and exactly what you should do if it is violated.

What RSA 126-U Covers

RSA 126-U is New Hampshire's statute governing the use of physical restraint and seclusion in schools. It applies to all public schools, including charter schools, and covers any student — with or without a disability. For students with IEPs or 504 plans, it operates alongside IDEA protections and adds another layer of accountability.

The law defines restraint as any method that restricts a student's freedom of movement, including physical holds. Seclusion means placing a student in a room alone where they are physically prevented from leaving. Both are treated as exceptional, last-resort interventions.

Under RSA 126-U, these practices are permitted only when a student poses an imminent danger of serious bodily harm to themselves or others, and when less restrictive interventions have been tried or would be ineffective given the immediacy of the situation. They may never be used as discipline, punishment, or as a substitute for appropriate behavioral programming.

What the Law Prohibits

The statute contains a clear list of prohibited practices. Schools cannot:

• Use prone restraint (holding a student face-down on the floor)
• Use any restraint that restricts breathing
• Use any mechanical restraint device
• Use chemical restraints (medication used to control behavior rather than treat a medical condition)
• Place a student in seclusion for any reason other than imminent danger

These prohibitions exist because restraint and seclusion used improperly have caused deaths and serious injuries to students with disabilities nationwide. New Hampshire's legislature was explicit: comfort, compliance, or convenience are not justifications.

Required Notifications

Every time restraint or seclusion is used, the school is legally required to notify the parent or guardian on the same day it occurs. The notification must describe what happened, the nature of the danger that prompted the intervention, and the duration of the restraint or seclusion.

Within five days, the district must provide a written report. That report must include the behavior that preceded the incident, the interventions tried before restraint or seclusion was used, the names of the staff involved, the student's behavioral and physical condition afterward, and what follow-up is planned.

Keep every written report you receive. These documents become critical evidence if the pattern of use indicates that your child's behavioral needs are not being appropriately addressed through their IEP.

When Restraint Becomes a Systemic Problem

A single emergency restraint, handled properly with immediate notification and a written report, is different from a pattern of regular restraints. If your child is being restrained multiple times per month, that is not an emergency response — it is a symptom of an inadequate behavior plan.

Under New Hampshire's Ed 1113 rules, if a student's behavior is interfering with their education, the district is required to conduct a Functional Behavioral Assessment (FBA) and develop a Behavior Intervention Plan (BIP). A BIP is supposed to address the root cause of the behavior using positive behavioral interventions and supports — not defaulting to physical restraint when the behavior occurs.

If restraint is being used frequently and your child does not have a current, individualized BIP, or if their BIP has not been updated to address the triggers for these incidents, you have grounds to demand an IEP team meeting. Bring the written restraint reports to that meeting and request that the team conduct or update the FBA.

Filing a State Complaint

If you believe your school has violated RSA 126-U — whether by using a prohibited form of restraint, failing to notify you, or using seclusion outside of genuine emergency conditions — you can file a formal complaint directly with the New Hampshire Department of Education's Bureau of Special Education Support.

A state complaint is a free, written process. The NHDOE investigates the allegations and, if a violation is substantiated, issues a corrective action plan requiring the district to remediate. Unlike due process, a state complaint is well-suited to procedural violations like failure to provide timely notification or use of a prohibited restraint type.

The Disability Rights Center of New Hampshire (DRC-NH) is the state's designated protection and advocacy agency and has specific expertise in restraint and seclusion violations. They can advise on whether your complaint meets the threshold for investigation.

What to Do Right Now

If your child has been restrained or secluded, take these steps immediately:

1. Request all written reports in writing and by email so there is a timestamp on your request.
2. Request your child's complete educational file under FERPA to see whether behavioral incidents are being logged in ways you have not been informed about.
3. Review your child's current BIP — or demand one be created if it does not exist.
4. Track dates, times, and durations of every incident going forward. Patterns matter.

Knowing the law puts you in a fundamentally different position at the IEP table. The New Hampshire IEP & 504 Advocacy Playbook includes templates for demanding FBAs, requesting behavioral documentation, and structuring complaints under RSA 126-U so your written record supports formal action if needed.

The Bottom Line

RSA 126-U gives New Hampshire families clear legal ground. Restraint and seclusion are not school discipline tools — they are emergency interventions with strict procedural requirements attached. When those requirements are not met, or when emergency procedures are replacing what should be systematic behavioral support, that is a legal problem your district needs to answer for in writing.

Don't wait for a crisis to understand your rights. Read the law before you need it.

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