AUGUSTA - Rep. Rebecca Millett, D-Cape Elizabeth, has sponsored a bill, LD 1373, to protect all of Maine's students from the use of restraint and exclusion in schools. The Legislature's Committee on Education and Cultural Affairs voted to advance the bill as amended last week.
"Restraint and seclusion endanger the physical and psychological well-being of our students, and 90% of the time, these practices are being done on students with disabilities," said Millett. "This is a particularly serious problem here in Maine. According to the most recent data from the U.S. Department of Education, Maine restrains more students per capita than any other state and secludes students at the second highest rate in the country. The trauma of being restrained and secluded in schools can have lasting effects on our students, negatively impacting academic progress and increasing the risk of contact with the juvenile justice system."
The Maine Department of Education (DOE) submitted testimony to the committee stating that several of the proposals in LD 1373 align with existing DOE rules, and that the Office of School and Student Supports provides a list of certified training programs to reduce violent and disruptive behavior. DOE also stated that the use of seclusion is not an effective means of reducing negative behavior and ongoing use can lead to physical and psychological harm.
Millett has proposed an amendment to LD 1373 that would delay implementation of the measure in order to give Maine school staff time to receive training on safer, alternative methods to avoid escalating behavior and crises.
"In order to avoid the use of restraint and seclusion, we need to be sure that school staff is trained on how to prevent crises and escalation," added Millett.
The measure gained the support of the American Civil Liberties Union of Maine, Autism Society of Maine, Disability Rights Maine, Maine Developmental Disabilities Council and Maine Parent Federation.
"LD 1373 is a necessary response to the excessive use of seclusion and restraint in Maine," said Atlee Reilly, managing attorney with Disability Rights Maine. "Seclusion and restraint are harmful and counterproductive responses to behavior. These responses have no therapeutic or educational value, do not lead to improved behavior, and potentially have long lasting negative consequences. Although these practices appear to have been normalized in Maine, where rates of seclusion and restraint are among the highest in the nation, restraining and secluding kids is not necessary, or inevitable. Given that students with disabilities are subjected to 90% or more of the seclusions and restraints in Maine, it is imperative that schools work to meet the social, emotional and behavioral needs of these youth to avoid escalation in the first place."
The bill faces further votes in the House and Senate in the coming weeks.
Millett is serving her first term in the Maine House and represents District 30, part of Cape Elizabeth. She sits on the Education and Cultural Affairs Committee. Prior to representing House District 30, Millett served eight years in the State Senate, representing District 29, which includes South Portland, Cape Elizabeth and part of Scarborough.
Contact:
Jackie Merrill [Millett], c .812-1111