Yes. Under state law, “emergency interventions” such as restraint and seclusion may only be used when: 

1. Your child engages in unpredictable, spontaneous behavior, and 
2. The behavior presents a danger of serious physical harm to the student or others, and 
3. The dangerous behavior cannot be immediately prevented by a less restrictive response than the emergency intervention. 

Emergency interventions cannot be used as a substitute for a positive behavioral intervention plan, last longer than is needed to contain the behavior, or involve an amount of force that exceeds that which is reasonable and necessary under the circumstances.^[1]

State law contains very specific guidelines on the handling and documentation of behavioral emergencies. After the emergency intervention, the school must contact the parent/guardian/other education rights holder within one school day. Further, the school must “immediately” complete a Behavioral Emergency Report (BER) that will be kept in the student’s file. The BER must contain:

1. The name and age of the individual with exceptional needs; 
2. The setting and location of the incident; 
3. The name of the staff or other persons involved; 
4. A description of the incident and the emergency intervention used, and whether the student currently has a BIP; and 
5. Details of any injuries sustained by the student, or others, including staff.^[2]

All BERs must be immediately forwarded to, and reviewed by, a designated administrator.^[3] If the BER is written about a student who does not have a BIP, the school must schedule an IEP meeting within two days to discuss whether one is needed. If the student has a BIP and the incident involved a previously unseen serious behavior problem, or a previously designed intervention is ineffective, the IEP should meet to determine whether to modify the BIP.^[4]

Even in emergencies (and in all other behavior services), emergency interventions used by the school district cannot involve the infliction of pain or trauma.^[5] Specific prohibited emergency interventions include: 

1.  Causing physical pain, including, but not limited to, electric shock; 
2.  Releasing noxious, toxic, or otherwise unpleasant sprays, mists, or substances near a student’s face; 
3.  Denying adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; 
4.  Subjecting the student to verbal abuse, ridicule, humiliation or causing emotional trauma; 
5.  Using an object that simultaneously immobilizes all four extremities; 
6.  Locked seclusion; 
7.  Precluding adequate supervision of the individual; 
8.  Depriving the individual of one or more of their senses; and 
9. Prone Restraint.^[6]

1. Cal. Ed. Code Sec. 56521.1.[↩]
2. Cal. Ed. Code Sec. 56521.1(e).[↩]
3. Cal. Ed. Code Sec. 56521.1(f).[↩]
4. Cal. Ed. Code Sec. 56521.1(g)-(h).[↩]
5. Cal. Ed. Code Secs. 56520(a)(4), 56521.2(a).[↩]
6. Cal. Educ. Code Sec. 56521.2(a).[↩]