An Act To Protect School Children from Dangerous or Abusive Restraint and Seclusion
Maine Legislature, Session 124, LD 1096
Committee: Education and Cultural Affairs
Sponsors: ALFOND, STRANG BURGESS, PETERSON
Amends: 20-A MRSA §4009, 20-A MRSA §7211

MAINE STATE LEGISLATURE 
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124thMAI ELEGISLATURE 
Legislative Document 
No. 1096 
S.P.407 
In Senate, March 25,2009 
An Act To Protect School Children from Dangerous or Abusive 
Restraint and Seclusion 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Senator ALFOND of Cumberland. 
9rf)(J~ 
JOY 1. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative STRANG BURGESS of Cumberland and 
Representatives:CASA V ANT of Biddeford, PETERSON of Rumford. 
Printed on recycled paper 
Be'it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §4009, sub~§l-A is enacted to read: 
I-A. Unreasonable force. Notwithstanding subsection 3, a teacher, administrator or 
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other person entrusted with the care or supervision of a person for special or limited 
purposes may be held civilly liable for the use of an unreasonable degree of force against 
the person if that teacher, administrator or other person violates any rule of the 
department regulating the use of time-out· rooms or areas, therapeutic restraints and 
aversive therapy. 
Sec. 2. 20-A MRSA §7211 is enacted to read: 
§72I1. . Physical restraint or seclusion 
1. . Grounds for due process hearing. An alleged violation against a child with a 
disability of any rule of the department regulating the use of time-out rooms or areas, 
therapeutic restraints and aversive therapy may be grounds to initiate a due process 
hearing under section n07-B. 
2. Prohibited restraint. A teacher, administrator or other person entrusted with the 
care or supervision of a child with' a disability may not use a means of physical restraint 
against the child in which the child's face contacts the floor while a person applies 
pressure to the child's back. 
SUMMARY 
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This bill addresses the use of physical restraint or isolation. The bill amends the law 
that suspends civil liability for anyone in the educational system entrusted with the care 
or supervision of a person for special or limited purposes using a reasonable degree of 
force: The bill adds a provision that allows civil liability for an unreasonable degree,of 
force evidenced by a violation .of rules of the Department of Education regulating the use 
of time-out rooms, therapeutic restraints and aversive therapy. The bill also establishes a 
violation of such a rule as grounds for a due process hearing if the action is against a child 
with a disability. The bill further prohibits a physical restraint against a child with a 
disability in which the child's face contacts the floor while ~ person applies pressure to 
the child's back.· 
Page I -124LRI762(Ol)-1 
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