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Home > Rules & Legislation > Proposed Rule Changes > Chapter 33 > CBR Team Meetings > July 19, 2011 Handouts - Documentation Section

Documentation Section of CH 33

1.3 Documentation Section, continued revision.

The following is the current status of this revision after the group’s work:

Each use of a physical restraint/seclusion will be documented.  At a minimum, the documentation will include:

  • Student name
  • Age, gender, grade
  • Location
  • Date
  • Beginning and ending time of each physical restraint/seclusion
  • Description of prior events and circumstances
  • Less restrictive interventions tried prior to the use of physical restraint/seclusion.  If none used, explain why
  • The actions that justified the use of physical restraint/seclusion
  • The type of physical restraint/seclusion used, described in nonproprietary language
  • The staff person(s) involved and their role in the use of physical restraint/seclusion
  • Certification in approved behavior management models of involved staff
  • Description of the incident, including the resolution and process of return to program, if appropriate.
  • Student has: a.  IEP; b. 504 plan; c. behavior plan; d. RTI plan?
  • Date and time of nurse notification, treatment administered
  • Date, time, and method of parent notification
  • Date, time of staff debriefing

This documentation will be written as soon as practical after the incident and provided to the program administrator or designee by the next school day.  The program administrator or designee shall make a reasonable effort to inform the parent or guardian of the use of seclusion and/or physical restraint as soon as practical following the incident and prior to the end of the school day, and inform the parent or guardian that the definitive documentation will be completed for administrative review by the following school day and thereafter be available to the parent or guardian.

Notice to the parent will occur as soon as possible but no later than the end of the school day in which the incident occurred, utilizing all available phone numbers and other appropriate means.  As soon as the documentation is completed, it will be put in the U.S. mail to the parent. 

There were several issues discussed as the document was revised:

  • Should there be a separate write up for restraint and seclusion?  Barbara Gunn reported that her organization has a four page document that devotes one page for restraint and one page for seclusion.
  • Should the entire incident be included in the report, or simply the beginning and end times for the restraint/seclusion?  The group generally agreed that the entire incident should be documented.  This would allow for the reporting of the less intrusive measures that were employed.
  • This section needs to be specific because it will drive the development of whatever forms the SAU’s create.  Should this group create a standardized form for use by all?
  • Should types of restraints be described in descriptive language?
  • Should the nurse always be consulted, or only when the staff suspects injury or harm?  What is the purpose of notifying the nurse?
  • Should this section include an analysis of the effectiveness of the restraint/seclusion?  Would that take too much time?
  • Should the document describe the “nature of the emergency?”
  • Should there be a “debriefing scheduled” item?  When should the debriefing happen?  Should the debriefing requirement be included as a bullet or appear in the paragraph at the bottom of the section?
  • Should staff be required to explain the “rationale” for the use of restraint/seclusion or the “justification?”  Is there a difference between the two terms? 

A subgroup that worked on the essential components of documentation/notification included the following issues that had not been previously discussed:

  • How long should documentation be maintained by the SAU?
  • Who exactly is the “parent?”  What if the child is a state agency client and has a foster parent and a surrogate parent?  What if the child lives in a group home?
  • What happens when the incident occurs on the bus trip home?  When is the parent notified and by whom?
  • What is the role of due process? 

How do teacher contracts impact the fulfilling of documentation and notification requirements?