Wyoming Seclusion and Restraint in Schools: Chapter 42 Rights for Special Education Families

Your child with an IEP was physically restrained at school or placed in a seclusion room. You received a brief phone call. You want to know what the school is and isn't allowed to do — and what they owe you in writing. Wyoming regulates these practices through Chapter 42 rules, and families need to know exactly what those rules require.

Wyoming's Chapter 42 Framework

Wyoming regulates seclusion and restraint in schools through WDE Chapter 42: Seclusion and Restraint in Schools. These rules establish both prohibited practices and mandatory standards for any physical intervention or isolation used with students — including and especially students with disabilities.

Chapter 42 applies to all public schools in Wyoming. Students with IEPs have additional protections through Chapter 7 and IDEA when restraint or seclusion is used in connection with behavioral issues that are related to their disability.

Practices That Are Absolutely Prohibited

Chapter 42 rules absolutely prohibit:

• Aversive interventions — any intervention using unpleasant, painful, or humiliating stimuli as a behavioral consequence
• Locked seclusion — placing a student in a room and preventing them from leaving
• Mechanical restraints — using devices, materials, or equipment to restrict movement (not including safety equipment used for its intended purpose, such as medical positioning devices)
• Prone restraints — face-down physical restraints, which carry documented risks of positional asphyxia, particularly for students with respiratory conditions

These are not discretionary guidelines. They are categorical prohibitions. If your child was subjected to any of these practices, a Chapter 42 violation occurred.

When Physical Restraint Is Permitted

Physical restraint is only permitted when:

1. It is administered by trained, certified staff
2. It is used in an emergency situation to prevent imminent injury to the student or others
3. It is part of a planned, documented intervention in a student's behavioral support plan — and only in ways specified in that plan

Staff who use physical restraint must have current crisis intervention training. Using restraint without proper training, or using restraint as a routine behavioral consequence rather than an emergency measure, violates Chapter 42.

Standards for Seclusion Rooms

If a school uses an isolation room (seclusion space), Wyoming Chapter 42 requires that the room meet specific physical standards:

• Adequate ventilation
• Climate control consistent with the rest of the building
• Adequate lighting with light switches located outside the room
• Staff must be able to see and hear the student at all times

The last requirement is critical. A seclusion room where staff cannot continuously monitor the student from outside is non-compliant under Chapter 42. Staff must have visual and audio access throughout any seclusion period.

The Mandatory Documentation Requirement

Every incident of restraint or seclusion must be formally documented through an incident report. That report must include:

• The antecedents to the incident (what happened before the restraint/seclusion occurred)
• The duration of the restraint or seclusion
• The student's behavioral and physical response during and after the incident
• A post-incident debriefing

Schools are also required to report restraint and seclusion data annually to the WDE using the student's WISER ID. This means the WDE has aggregate data on restraint and seclusion use across Wyoming districts — data that may be relevant if you believe your child's district is using these practices disproportionately or improperly.

What You Are Entitled to Receive

You have the right to receive the incident report for any restraint or seclusion involving your child. Request it in writing from the district, citing FERPA and your right to access educational records. The district must comply.

If the incident report is incomplete — missing the required documentation of antecedents, duration, or post-incident debriefing — that is a Chapter 42 violation separate from the underlying incident.

The IEP Connection: Behavioral Support Plans

For students with IEPs whose behavioral needs are significant, the appropriate response is a Functional Behavioral Assessment (FBA) and a Behavioral Intervention Plan (BIP). The BIP should address how behavioral crises are prevented and, if necessary, how they are responded to.

If your child is being restrained or secluded repeatedly and they have an IEP without a current BIP, or with a BIP that doesn't address the presenting behaviors, the district's approach is likely inadequate under both Chapter 42 and IDEA. You can:

1. Request an FBA in writing, citing Wyoming Chapter 7 and IDEA's requirement to conduct FBAs when behavior impedes learning
2. Request a BIP meeting to review and update the plan
3. Request Prior Written Notice explaining why the district does not believe an updated BIP is necessary

Repeated use of restraint or seclusion without a corresponding behavioral support plan is a pattern that supports a WDE state complaint.

Filing a Complaint for Chapter 42 Violations

Chapter 42 violations — including use of prohibited restraints, non-compliant seclusion rooms, or failure to document incidents — can be reported to the WDE. Document the specific incident, date, and what you were or were not told about the incident. Include the specific Chapter 42 provision you believe was violated.

A simultaneous IDEA/Chapter 7 complaint may also be appropriate if the behavioral incident and the district's failure to have adequate supports in place reflects a failure to implement FAPE.

The Wyoming IEP & 504 Advocacy Playbook covers behavioral documentation and FBA request letters. Get the complete toolkit at /us/wyoming/advocacy/.

See more United States homeschool guides →