California § 49005.8. 49005.8. (Amended by Stats. 2024, Ch. 857, Sec. 3.)

California Statutes

§ 49005.8. — 49005.8. (Amended by Stats. 2024, Ch. 857, Sec. 3.)

California § 49005.8.

JurisdictionCalifornia

Code EDCEducation Code - EDC

Div.4.

Title 2.DIVISION 4. INSTRUCTION AND SERVICES

Part 27.PART 27. PUPILS

Ch. 6.CHAPTER 6. Pupil Rights and Responsibilities

Art. 5.2.ARTICLE 5.2. Restraint and Seclusion

This text of California § 49005.8. (49005.8. (Amended by Stats. 2024, Ch. 857, Sec. 3.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Education Code - EDC Code § 49005.8. (2026).

Text

(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. (

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(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.