Restraint and Seclusion

 

New Updates were made to the Chapter 33 Rule and will be in effect as of September 24th, 2025

 

 

 

Link to Chapter 33 Rule Document

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This course meets the Chapter 33 requirement of “annual notification of rule and local policies” (Ch 33 Section 4.2)

• Annual Notification Slide Deck

The Chapter 33: Rule Governing Physical Restraint and Seclusion establishes standards and procedures for the use of physical restraint and seclusion and is the result of state statute, Sec.1. 20-A MRSA §4014: "Use of seclusion and physical restraint.  

Physical restraint and seclusion may only be used as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others. The rule sets forth permitted and unlawful uses of restraint and seclusion, required notification and documentation of incidents of restraint or seclusion, aggregate reporting of incidents to administrators and to the Maine Department of Education (DOE), notification to parents, response to multiple incidents of restraint or seclusion of a student, local and state complaint processes and Maine DOE approval of training programs. 

 

New Updates

During the first special session of the 132nd Maine Legislature, LD 1248 An Act Regarding Physical Escort and Restraint and Seclusion of Students in Schools, changed existing state statute Sec.1. 20-A MRSA §4014"Use of seclusion and restraint" and will take effect on September 24, 2025.  

The enactment of LD 1248 impacts existing definitions for two terms within state statute and the Chapter 33 rule, with specifics listed below. Additionally, the enactment of LD 1248 provides for the repeal of the updated definition for “Serious Physical Injury” on August 1st 2029. The repeal will cause a future review of the definition by the Maine DOE and the Maine Legislative Education and Cultural Affairs Committee before the 2029 date.  

 

Changes to Definition of Terms: 

Words that have been removed from the original definition are struck through, added words are underlined. 

Definition of the term Physical Escort under statute §4014 (1)(D) was changed to remove the word “voluntary”. 

• Physical Escort means the temporary, voluntary touching or holding of the hand, wrist, arm, shoulder, or back to induce a student to walk to a safe location. 20-A M.R.S.A.§4014 (1)(D) 

 

Definition of Serious Physical Injury was changed and added to State Statute under 20-A 4014 (G)(1).  

• Serious Physical Injury is any impairment of the physical condition of a person, whether self‐inflicted or inflicted by someone else, that is beyond the care of routine first aid, and should require a medical practitioner that requires a medical practitioner, including, but not limited to, a school nurse, to evaluate and/or to treat the victim person. 20-A M.R.S.A.§4014 (G)(1). 

This change in definition to Serious Physical Injury is set to be repealed August, 2029. 

What this means for schools:

SAU's should examine their restraint and seclusion policies and practice to ensure they are in alignment with the 20-A MRSA 4014 statute and the Chapter 33 rule

 

Restraint and Seclusion Chapter 33 Overview