Important Update for Maine's Restraint and Seclusion Statute and Chapter 33 Rule
The new Sec.1. 20-A MRSA §4014"Use of seclusion and restraint" statute is in effect, and should be implemented to the extent that is possible, absent the amendments to the rule that will need to go through the APA process.
The current Chapter 33 Rule Governing Physical Restraint and Seclusion remains in effect to the extent that it is not in conflict with the new statute.
SAU's should examine their restraint and seclusion policies and practice to ensure they are in alignment with the statute.
The DOE will not be allowed to provide guidance related to the statute, or update the Chapter 33 Rule and existing resources, until the completion of the APA process.
The Maine DOE’s rulemaking process infographic is available here.
Chapter 33
- Rule Title: Rule Governing Physical Restraint and Seclusion
- Filing Agency: This is a rule of the Maine Department of Education
- Action: Proposed Rulemaking
- Note: Targeted Rulemaking for only the Provisions on the Fact Sheet
- Notice: October 27, 2021
- Public Hearing: November 22, 2021
- Public Comment Period: CLOSED (December 3, 2021)
- Proposed Language of Rule: Chapter 33
Existing guidance and resources cannot be updated to be in alignment with statute Sec.1. 20-A MRSA §4014: "Use of seclusion and physical restraint until the completion of the APA process. The statute should be implemented to the extent that is possible, and the current Chapter 33 Rule Governing Physical Restraint and Seclusion remains in effect to the extent that it is not in conflict with the new statute.
Chapter 33: Rule Governing Physical Restraint and Seclusion establishes standards and procedures for the use of physical restraint and seclusion. 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 prohibited 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 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.
Approved Training Programs
Under Chapter 33, each covered entity shall ensure that a sufficient number of administrators or designees, general and special education staff, maintain certification in an approved training program.
- Building Communities of Care
- CALM Crisis Intervention Training
- CPI Nonviolent Crisis Intervention
- Handle With Care
- The Mandt System
- Non-abusive Psychological and Physical Intervention (NAPPI)
- Professional Crisis Management Association
- Physical & Psychological Management Training
- QBS Safety-Care Behavioral Safety Training
- Right Response
- Safe Crisis Management
- Therapeutic Crisis Intervention System
- Ukeru
For training programs seeking approval from the Maine DOE
Information, Guidance, and FAQ (not yet updated to be in alignment with §4014)
Contact
Bear Shea
Mental Health / School Counselor Specialist
Culture, Climate, Resilience Team Leader
(207) 441-7404
W.Bear.Shea@maine.gov