Ed. Code, § 49005.8 · Article 5.2. Restraint and Seclusion
Ed. Code, § 49005.8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) An educational provider shall not do any of the following:
(1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.
(2) Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.
(3) Use a physical restraint technique that obstructs a pupil’s respiratory airway or impairs the pupil’s breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil’s back or places the staff member’s body weight against the pupil’s torso or back.
(4) Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil’s face.
(5) Use prone restraint.
(6) Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.
(b) An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television.
(c) An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 857, Sec. 3. (SB 483) Effective January 1, 2025.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49005.8.
- Text hash
- sha256 eac0b0cd1daef08863b1c45709227f22e6e7e2c4f3700afe2d75fe95f8ecb5c7
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 1 provision
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Education Code
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