Code of Maine Rules
05 - DEPARTMENT OF EDUCATION
071 - EDUCATION - GENERAL
Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION
- Section 071-33-1 - POLICY AND PURPOSE
- Section 071-33-2 - DEFINITIONS
- Section 071-33-3 - APPLICATION OF RULE
- Section 071-33-4 - LOCAL POLICY; NOTICE TO PARENTS
- Section 071-33-5 - SECLUSION
- Section 071-33-6 - PHYSICAL RESTRAINT
- Section 071-33-7 - NOTIFICATION OF INCIDENT
- Section 071-33-8 - DOCUMENTATION; INCIDENT REPORT
- Section 071-33-9 - RESPONSE TO THE USE OF PHYSICAL RESTRAINT OR SECLUSION
- Section 071-33-10 - CUMULATIVE REPORTING
- Section 071-33-11 - COMPLAINT PROCESS
- Section 071-33-12 - STAFF TRAINING; APPROVED PROGRAMS
- Section 071-33-13 - DEPARTMENT OF EDUCATION NON-REGULATORY GUIDANCE
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.
STATUTORY AUTHORITY: 20-A M.R.S.A. §4502(5)(M); Resolves 2013 Ch. 8
