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Chapter 33 Stakeholder Meeting

July 19, 2011
Cross Office Building, Room 103b


Nancy Dube, MDOE
Robin Pelletier, Maine Parent Federation
Barbara Gunn, Director, Southern Penobscot Regional Program
Diane Smith, Attorney, Disability Rights Center of Maine
Alison Marchese, Director of Special Services, Scarborough School Department
Steve Spear MDOE
Jonathan Kimball, Woodfords
Deb Davis, Parent
Nancy Cronin, Maine Developmental Disabilities Association
Renee Perron, SPRP
Dean Bailey, Sweetser
Jonathan Leach, Children’s Center
Frank Sherburne, MSSA
Sandra MacArthur, MSBA
Debbie Gilmer, Syntiro
Deb Butler, MEA
Pete Spears MDOE

NOTE:  Please see this meeting’s work products in the Appendix

Opening Issues

  • Timeline and Options
  • Member expectations
  • Review and finalize definitions and prioritize definitions to work on
  • Work on Definitions
  • Clarify the purpose of the data section and questions to DOE
  • Next meeting agenda
  • Documentation sections
    • “By no later than the school day”
      • If it occurs on the bus the end of the school day has already passed
  • Look into bullets to make sure it’s as complete as possibly
  • Use Barbara’s document as a possible model/template
  • Look at the document keeping the potential reaction of the ed committee in mind
  • #6 and #8 combined?
  • #7 interventions tried prior to restraint or seclusion
    • Required
  • Combine bullets on staff and certification
  • Type of restraint or seclusion, imbedded or separate?
    • Separate
  • Principals and non-spec ed teachers will be using this document
    • Restraint of students for fighting?
      • Separate report even though in prohibitive practice report?
    • How to create a document that has exceptions and caveats
    • Most SAUs use discipline form
    • Train staff in reporting
      • When to use the form?
    • Who trained for responding?
    • Undergrad class work in behavior management
      • Not required for certification
    • Training available for behavior management
      • Money and time are barriers
      • Train the trainer model within schools
    • Timeline/Chronology of events to be included
      • Beginning of incident to end when student is back in class
  • Thumbs up for collapsed bullets
  • Thumbs up for chronology
  • Thumbs up for Date and time or nurse notification
    • Method of notification
    • First aid administered
      • Yes or no on form
  • ***Fleshing out more details for nurse notification on separate form***
  • Thumbs up for IHP and other to be included
  • Thumbs up for removing 2 paragraphs from documuent
  • Thumbs up to No separate write up for restraint or seclusion
    • Life of the incident
  • Standardized form for all
  • Thumbs up to Change non-proprietary to descriptive language
  • Timeline for debriefing
  • How long should documentation be kept by SAU
    • Ask AG office
    • Where is documentation stored?
      • Thumbs up to “Parent, cumulative file and appropriate district designee”?
  • IDEA
  • Extended school year
    • Need for school nurse?
  • Notification
  • What happens when incident on bus home after school day
    • Friday afternoon
    • Before vacation, long weekend
    • Exceptions are identified?
    • Add “if 1st aid was provided”
    • 3 hours?
      • Unreasonable expectation
      • Within a reasonable amount of time?
      • As soon as possible?
      • Program admin to be notified that day
  • Data report
    • Data is not collected unless mandated by legislature
    • Who reports data?
      • Different schools, programs…
    • Please see handout
  • Access to complaints that may apply to/influence this work?

No meeting this Thursday July 21st

Please see this meeting’s work products in the Appendix


Definition of Physical Restraint (consensus reached)

Physical restraint is an intervention that restricts a student’s freedom of movement or normal access to his or her body, and includes moving a student who has not moved voluntarily.

Definition of Seclusion (consensus reached)

Seclusion is an intervention that involuntarily isolates a student from others.

Definition of Timeout (in progress)

Timeout is an intervention where a student a student complies with an adult request for a break and is not covered by these rules. 

1.3 Documentation (in progress)

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
  • The actions that required the use of physical restraint/seclusion
  • Interventions tried prior to the use of physical restraint/seclusion.  If none used, explain why
  • Description of prior events and circumstances
  • The type of physical restraint/seclusion used, described in descriptive 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; e. individual health plan; other
  • Date, time, and method of nurse notification, first aid administered
  • Date, time, and method of parent notification
  • Date, time of staff debriefing

Notification (consensus reached)

An administrator or designee will notify the parent that restraint or seclusion and any related 1st aid has occurred as soon as practical but within the school day in which the incident occurred, utilizing all available phone numbers and other appropriate means.  If the parent is unavailable, a phone message will be left for the parent to contact the school as soon as possible.  If a parent does not have access to a phone, the district will use whatever contact information is available for emergencies.  The parent will be informed that documentation will be made available to them by hand or US mail.

If a restraint or seclusion has occurred outside the school day (MDOE Chapter 125), notification of the restraint or seclusion and any related 1st aid will occur as soon as possible in compliance with the district’s procedures for emergency situations.