Use this checklist to learn about the steps you should take after your child with an IEP has been restrained or secluded in school. You can also use the sample letter at the bottom to help you request a Behavior Emergency Report.

Checklist

• Talk with your child about the incident. Don’t just ask them about the restraint or seclusion. Ask them what happened leading up to the event. Ask them what happened after the event.
• Did the school tell you about the event within one school day?
  • If yes, did the school tell you in writing (a letter or email) or verbally (phone, in-person)?
  • If no, make a written record with the school that they failed to tell you within one school day. This record could be in the form of an email or letter. The template letter below includes a sentence to help you make a record of whether the school did or did not tell you about the incident.
• Did the school send you a copy of the incident report?
  • This report should include:
    • Information about the events leading up to the event
    • Information about the emergency intervention used
    • Description of the use of intervention
    • Information about who performed the intervention
  • If yes, review the incident report to make sure that it is consistent with what your student told you.
  • If not, first send a written request for a copy of the incident report. The template letter below includes language to request the incident report.
• Does your child have a Behavior Intervention Plan (BIP)?
• If your child does not have a BIP, the District must schedule an IEP meeting within two days. During that meeting, the IEP team must decide if your student should receive a Functional Behavior Assessment. If your child does need an FBA, the team will also decide if they should have an emergency behavior plan while the FBA is being conducted and reviewed.
• If you child already has a BIP, does the BIP address the behavior that led to the incident?
• If not, the school must hold an IEP meeting to revise your child’s BIP.
• If yes, you can still ask for an IEP meeting to discuss the incident with your child’s IEP team. The school will need to hold an IEP meeting within 30 days of your request.  You should ask for the IEP meeting in writing. The template letter below includes language to help you ask for an IEP meeting.
• Prepare for the IEP meeting. You already started preparing by reviewing the incident report and talking with your child about the incident. Then, review your child’s current IEP to determine what supports are already in place. During the IEP meeting, you can ask the IEP team if the school provided those supports. You might also talk to outside providers (psychologists, therapists, doctors, etc.) that regularly interact with your child. They can give you advice about what other supports your child might need in school that your child does not already receive. You can then request that the school provide these supports.
• Attend the IEP meeting to create or review and revise your child’s BIP and IEP. If you child has not yet received a Functional Behavior Assessment or if it has been over a year since your child received a Functional Behavior Assessment, ask the district to complete a Functional Behavior Assessment for your child.
• If the school fails to notify you of the incident, fails to hold a timely IEP meeting, or fails to comply with your child’s IEP, including the BIP, you can you can file a Compliance Complaint with the California Department of Education. Check out our Road to Resolution Tool Kit.
• If the school fails to support your child’s behavior so that they can access an appropriate education, you can consider filing for due process with the Office of Administrative Hearings. Check out our Road to Resolution Tool Kit.