Maine’s New Restraint and Seclusion Law

Brunswick School Department

October 2021

L.D. 1373

• Goes into effect October 18th, 2021
• Initially the law included a TOTAL BAN of seclusion
• Now, the new law changes the definitions of “physical restraint” and “seclusion”
• In the future, Maine DOE will reissue Chapter 33 with clarifications regarding this bill

Who does this apply to?

Applies to ALL ENTITIES that receive school funding from the Maine DOE, including:

• Regular Educators
• Special Educators
• Tutors
• Coaches
• Transportation staff
• Out of District Placements
• Residential Treatment
• Out of State placements
• SRO? Depends on how they are funded

What changed:

• Definition of restraint and seclusion
• Justification for the use of restraint and seclusion
• Reduces the number of exemptions found in Chapter 33
• Includes processes for prohibiting any use of restraint or seclusion for particular students

What has not changed:

• The procedural requirements from Chapter 33
• Law does not mention anything about:
• Reporting
• Notification
• Meeting requirements

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Unlawful Restraints or Seclusion

• Mechanical Restraints (use of device)
• Chemical Restraints
• Life Threatening Physical Restraints or Seclusions (prone restraint)

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Definition of “Physical Restraint”

“A personal restriction that immobilizes or reduces the ability of a student to move the arms, legs, or head freely”

• Anytime you physically constrain or compel a child’s movement against his/her will
• Important note: No language of “hold”
• Anytime you block punches, kicks, or headbutts through physical redirection
• May include using your arms to physically redirect a student who is attempting to depart from a room or defined area

Physical Prompts

Physical Escort

• A physical prompt is NOT a physical restraint
• Involves voluntary physical contact that enables the student to learn or model to develop desired competency
• Note: New law adds language around “voluntary”

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“Temporary, voluntary touching or holding of the hand, wrist, arm, shoulder or back to induce a student to walk to a safe location”

• Voluntary = Not a physical restraint
• Involuntary = Physical restraint

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Previous Exemptions

• Removes exemption for momentary deflections of a child’s bodily movement
• Meaning: Blocking punches, kicks, head butts through physical redirection is now a physical restraint
• Question: Can I block a door? DOE will provide further guidance on this. If you are not physically redirecting the child then it could not be considered a restraint.
• Removes “a brief period of physical contact to break up a fight”
• Meaning: You step between two (or more) fighting students to physically push or hold them apart it is considered a “physical restraint”
• Need to document using Incident Report Restraint and Seclusion

Important Point!

With the elimination of these exceptions, it does not mean you can’t intervene if there is a fight or a student is aggressive towards you. Now, you will just also need to document it as a restraint.

Definition of Seclusion

“Involuntary isolation or confinement of a student alone in a room or clearly defined area from which the student does not feel free to go or is physically denied exit”

• AKA- Child is alone in a room
• New law articulates- When the child does not “feel free” to depart
• Question: Can I use a mat to block the door to a quiet space?
• ANSWER: If the mat is below the shoulder height of the student then it is not seclusion. If you are using a mat that is taller than the student, it is seclusion.
• Question: Can I put my shoe in the door and hold it shut? The door is not closed all the way.
• ANSWER: You can but it is considered seclusion. You are still holding the door shut so they do not “feel free” to leave

Time Out

“An intervention where the student requests or complies with an adult request for a break”

• A “Time Out” is not seclusion
• Examples of “Time Out”:
• If a student asks to take a break alone
• If an adult requests a student take a break and the student goes

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When can Schools use Restraint or Seclusion?

Can only be used if three separate standards are met:

1. Student’s behavior presents “imminent danger of serious physical injury to the student or another person”
2. Less restrictive interventions would be ineffective in stopping the behavior
3. The physical restraint or seclusion stops as soon as the imminent danger of serious physical injury ceases.

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New Changes:

• Danger must be “imminent”
• Risk must be one of “serious physical injury”
• Example: Injuries that would be very painful
• Could require doctor or hospital attention
• Punches, kicks, or head butts to the head, kicks to the groin, etc..

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Restraint/ Seclusion Ban

For Individual Students

• If the restraint or seclusion is “contraindicated”
• Note: “Contraindicated” is not defined
• How to document it:
• Health care directive or medical management plan (unclear if this applies to schools)
• Behavior Intervention Plan
• IEP or IFSP
• 504 or ADA plan

Note: Lawyers note that this is an IEP team decision! Not for outside providers to make

Procedural Review (No Changes)

Quick Note!

Incident reports are VERY important!

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They need to be clear, descriptive and without bias!

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If there is a complaint letter, the incident report is the key document on whether the occurrence of restraint or seclusion was proper and justified!

Brunswick School Department Incident Report Form

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(Located online with sample exemplar)

Incident Report

Paperwork Procedure

Case manager completes incident form with staff

Case manager sends it via google docs to Holly Morgan (BCBA) for review. Case managers may be asked to revise or add to the report form.

Holly forwards the completed form to Kathy Furrow.

Kathy sends report to parents

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Kathy shares the report with administration

Incident report is filed

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Questions?

Feel free to reach out if you have any questions after this presentation

Holly Morgan

hmorgan@brunswicksd.org