Under the Ontario Education Act, every student with special needs is entitled to an Individual Education Plan (IEP) and access to an Identification, Placement and Review Committee (IPRC)

Education Series
If this happened today
This is not legal advice. It is a practical sequence for the first hours and days after a restraint or seclusion incident, before you move to the fuller escalation process below.
Step 1
Call your doctor or go to urgent care / the ER before anything else. Ask the clinician to document the visit as related to a school incident.
Step 2
Photograph any marks or bruising with a timestamp. Save clothing if damaged. Write down what your child tells you in their own words, dated and timed, before memory fades.
Step 3
Email the principal (not a phone call) asking for the written incident report: date, time, duration, staff involved, and what was tried before restraint. Ask them to confirm receipt.
Step 4
If the school asks you to sign an incident acknowledgment or a revised behaviour plan at pickup, you can decline to sign until you've reviewed it. Take a copy home first.
The rights these families hold
Ontario has no legislation banning restraint in schools, understanding what the law does and doesn't say is essential.
Registered
89,799Children registered
Total in the Ontario Autism Program queue
MCCSS FOI · Mar 2026
Funded
20,633Have active funding
Only 23% of registered children
MCCSS FOI · Mar 2026
Waiting
69,166Still waiting
Registered. Diagnosed. Un-funded.
MCCSS FOI · Mar 2026
Verified , MCCSS FOI · Mar 2026
| Metric | Value |
|---|---|
| Children registered | 89,799 |
| Have active funding | 20,633 |
| Still waiting | 69,166 |

Documentary reference image
This photo is from the ProPublica and Chicago Tribune investigation The Quiet Rooms. It shows a timeout/seclusion room at Pathways School, part of the Belleville Area Special Services Cooperative in Illinois. Photo credit: Zbigniew Bzdak/Chicago Tribune. It is included here as an illustrative reference for what seclusion rooms can look like, not as a photo from an Ontario school.
Related reporting: ProPublica, April 23, 2020 and ProPublica methodology, November 19, 2019.
Physical restraintincludes any use of physical force to hold, block, or restrict a student's movement, including holding a student's arms, pinning them to the ground, or blocking a doorway to prevent exit.
Mechanical restraint means the use of straps, harnesses, or other devices to restrict movement. This is extremely rare in Ontario schools and should trigger immediate escalation if encountered.
Chemical restraint, the use of medication to control behaviour rather than to treat a medical condition, is also extremely rare in school settings but is a form of restraint if used for behavioural management purposes.
Seclusionmeans placing a student alone in a room or space that they cannot freely leave. It does not matter what the room is called, "calm room," "quiet room," or "chill space", if the student cannot exit on their own, it is seclusion.
Rooms that lock from the outside, or that are staffed specifically to prevent the student from leaving, qualify as seclusion regardless of labelling.
Not seclusion: A student choosing to take a voluntary break in a sensory room or quiet space that they can freely leave at any time, with staff nearby but not blocking exit.
These are the actual legal texts and policies that apply. Where a card notes an advocacy interpretation, that is a position argued from the source, not a settled legal conclusion.
Statute
No specific section governs restraint or seclusion. Section 265(1)(a) gives principals a duty to maintain order and safety, schools sometimes cite this to justify restraint, but it does not authorize indiscriminate use.
The Act requires IEPs for students with special education needs (Reg. 181/98) and IPRC processes for identification and placement.
Statute
The Ontario Human Rights Code prohibits disability-based discrimination in services and education. Schools have a duty to accommodate students with disabilities to the point of undue hardship.
Advocacy interpretation: Disproportionate or routine use of restraint on autistic students, when appropriate accommodation or a positive behaviour support plan would reduce the need, advocates argue may constitute discrimination under the Code. This is not a guaranteed outcome; it would need to be established in a specific case.
Ministry policy
Policy/Program Memorandum 145 requires every school board to have a progressive discipline policy. It emphasizes preventive and supportive approaches, but does not explicitly define or regulate the use of physical restraint or seclusion.
Most Ontario school boards have their own restraint and seclusion policies with varying levels of protection. Request your board's policy in writing.
The absence of provincial legislation is a significant gap. Ontario is one of the few Canadian provinces without legislation specifically governing restraint and seclusion in schools. This leaves families dependent on individual school board policies that vary widely in quality and enforcement.
Most school boards require that you be notified every time restraint or seclusion is used on your child. If you are not being called after incidents, this may be a breach of board policy.
You can request and receive written records of every incident, including date, time, duration, staff involved, and what triggered the intervention.
You can request a meeting at any time to review the behaviour safety plan within your child's IEP. This right does not require a specific number of incidents to trigger.
You can request that specific interventions, including physical restraint, be listed as prohibited in your child's IEP. Once documented in the IEP, the school is bound by that agreement.
You can file a complaint with the school board, the Ontario Ombudsman, or the Human Rights Tribunal of Ontario (HRTO) if your rights are not being respected.
“A student placed in a seclusion room is still a child with rights. Document everything. Schools must report every incident.”
, Ontario Ombudsman, 2022 Report
Once immediate safety and evidence are handled, work through these requests in writing. Every communication with the school should be followed up by email so there is a paper trail before you move to the escalation ladder below.
Ask for the date, time, duration, staff involved, what triggered the incident, and what was done before restraint was attempted. Keep copies of everything.
Contact the principal and vice-principal in writing. State that you are requesting an urgent IEP review due to the use of physical restraint.
If no FBA has been completed, request one in writing. An FBA identifies triggers and patterns and must precede any positive behaviour support plan.
The behaviour safety plan should prioritize de-escalation strategies, environmental modifications, and preventive supports, not reactive physical intervention.
Follow up every verbal conversation with an email summarizing what was said and agreed. Send to the principal and copy the superintendent. Keep all records.
If a rung does not resolve the issue within a reasonable time, or your written request is ignored, move to the next rung. Keep every email; each rung above the first will ask to see what you already sent.
Rung 1
Written request for the incident report and an urgent IEP review meeting. Copy every email to yourself.
Rung 2
If the school does not respond in writing within a reasonable time, escalate in writing to the superintendent, attaching your earlier emails.
Rung 3
Bring a pattern of unresolved restraint or seclusion incidents to your board's SEAC for a systemic response, not just your individual case.
How SEAC worksRung 4
File a formal complaint through the board's own complaint policy, requesting a written decision.
Rung 5
If the board complaint process is exhausted or unresponsive, the Ombudsman can review how the board handled your complaint.
Visit the OmbudsmanRung 6
A human rights application, filed within one year of the last incident, if restraint or seclusion is tied to a failure to accommodate disability.
HRTO for education casesThese are warning signs that restraint or seclusion is being misused. If you recognize any of these, treat them as urgent and begin documenting immediately.
Free legal advice and representation for people with disabilities in Ontario. Handles education law, HRTO applications, and school board disputes.
Visit ARCHFile a formal complaint about disability-based discrimination in education. The OHRC also publishes policy guidance on education rights.
Visit OHRCAdvocacy support for people with intellectual disabilities across Ontario, including school-related advocacy and systemic change work.
Visit Community LivingWritten by Spencer Carroll
Founder & Autism Advocate
Evidence on this page
Key claims are paired with their source, evidence tier, and verification date so readers can inspect the public record directly.
Under the Ontario Education Act, every student with special needs is entitled to an Individual Education Plan (IEP) and access to an Identification, Placement and Review Committee (IPRC)
89,799
children are registered in the Ontario Autism Program
1 in 50
According to the 2019 Canadian Health Survey on Children and Youth, about children and youth aged 1 to 17 in Canada had an autism diagnosis
23%
Only 20,633 children have active funding agreements — less than one in four
WHO recommends accessible, community-based early interventions for children with autism — timely evidence-based psychosocial interventions improve communication and social engagement