Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION

SUMMARY: Pursuant to 20-A M.R.S.A. §4014(5), This this rule 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 poses an imminent danger of serious physical injury to the student or another person. The rule sets forth permitted and prohibited unlawful uses of restraint and seclusion, required notification and documentation of incidents of restraint or seclusion, aggregate reporting of incidents to administrators and the department of education, notification of parents, response to multiple incidents of restraint or seclusion of a student, local and state complaint processes, and department approval of training programs.

EFFECTIVE DATE:
July 29, 2001 - added as sub-section 17(D) to Chapter 125, "Basic Approval Standards: Public Schools and School Units".
EFFECTIVE DATE:
April 27, 2002 - filing 2002-104 accepted March 28, 2002: sub-section 125.17(D) removed from Chapter 125 and established as new Chapter 33, "Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools"
REPEALED AND REPLACED:
July 1, 2012 - filing 2012-164 (Final adoption, Major substantive), retitled as "Rule Governing Physical Restraint and Seclusion
AMENDED:
April 29, 2013 - filing 2013-106 in accordance with Resolves 2013 Ch. 8, Routine Technical
AMENDED:
8/6/2023 - filing 2023-105 (Final adoption, Major substantive)

STATUTORY AUTHORITY: 20-A M.R.S.A. §4502(5)(M); Resolves 2013 Ch. 8