Restraint and Seclusion

Important Update for Maine's Restraint and Seclusion Statute and Chapter 33 Rule

On October 18th 2021

 

 

 

 

 

 

 

 

 

 

 

 

Proposed Rules & Rule Changes

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.

Contact

Bear Shea
Mental Health / School Counselor Specialist
Culture, Climate, Resilience Team Leader
(207) 441-7404
W.Bear.Shea@maine.gov