Resolve, Regarding Legislative Review of Chapter 33: Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 125, LD 1838
Committee Amendment CA_A_H820 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 1360, L.D. 1838, "Resolve, Regarding 
Legislative Review of Chapter 33: Regulations Governing Timeout Rooms, Therapeutic 
Restraints and Aversives in Public Schools and Approved Private Schools, a Major 
Substantive Rule of the Department of Education" 
Amend the resolve by inserting after the title and before the emergency preamble the 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure.' 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of Chapter 33: Regulations 
Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and 
Approved Private Schools, a provisionally adopted major substantive rule of the 
Department of Education that has been submitted to the Legislature for review pursuant 
to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if 
the following changes are made: 
1. The rule must be amended in section 2 to provide that public charter schools are 
covered entities; 
2. The rule must be amended in section 2 to clarify that physical restraint does not 
include: 
A. Physical contact when the purpose of the contact is to comfort a student and the 
student voluntarily accepts the contact; or 
B. Momentarily deflecting the movement of a child when the child's movements 
would be destructive, harmful or dangerous to the child or to others; 
COMMITTEE AMENDMENT 
~~. 
\\. 
COMMITTEE AMENDMENT "A "to H.P. 1360, L.D. 1838 
3. The rule must be amended in section 6 to clarify that when a staff person who is 
not certified in a state-approved training program initiates physical restraint, trained 
personnel must be summoned to the scene only if the emergency situation continues; 
4. The rule must be amended in section 7 to clarify that a staff person who initiates 
physical restraint or seclusion that involves a student who has been placed in an out-of-
district placement must report the incident to the entity responsible for the student's 
education within 24 hours or by the next business day; 
5. 
The rule must be amended in section 8 to clarify that the incident report 
documenting the use of physical restraint or seclusion must indicate if any of the 
personnel involved in the incident were certified in a state-approved training program; 
and 
6. The rule must be amended in section 12 to clarify that the state-approved training 
programs may include regional training programs and regional "train the trainer" program 
models to provide the required training for personnel in the covered entities; and be it 
further 
Sec. 2. 
Department of Education; nonregulatory guidance. Resolved: 
That, no later than September 1, 2012, the Department of Education shall provide 
nonregulatory guidance to school administrative units, public charter schools, private 
schools and other covered entities that are subject to the requirements of Chapter 33: 
Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public 
Schools and Approved Private Schools. The guidance provided by the department to the 
covered entities must include, but is not limited to, examples of what is and is not 
considered to be physical restraint or seclusion. The guidance must be disseminated to all 
covered entities in writing, and the department shall post the guidance on the department's 
publicly accessible website.' 
SUMMARY 
This amendment provides that final adoption of Chapter 33: Regulations Governing 
Timeout Rooms, Therapeutic Restraints and A versives in Public Schools and Approved 
Private Schools, a major substantive rule of the Department of Education, is authorized 
contingent upon the department's making 6 specified changes to the proposed rule. The 
amendment also adds a new section to the resolve to direct the Department of Education 
to provide, no later than September 1, 2012, nonregulatory guidance to school 
administrative units, public charter schools, private schools and other covered entities that 
are subj ect to the requirements of Chapter 33. 
FISCAL NOTE REQUI~ 
(See attac~e.d). 
COMMITTEE AMENDMENT 
Revised: 03/22/12 frac 
LD 1838 
LR 2820(02) 
Resolve, Regarding Legislative Review of Chapter 33: Regulations Governing Timeout Rooms, 
Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools, a Major 
Substantive Rule of the Department of Education 
Fiscal Note for Bill as Amended by Committee Amendment ,A" cU ~ ~ ;;;'0\ 
Committee: Education and Cultural Affairs 
J 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
Requires local school administrative units to: 
~ prepare quarterly and annual reports documenting incidents of restraint and 
seclusion to be submitted to superintendents and the Department of Education; 
~ debrief staff and students involved in each incident of physical restraint or 
seclusion within 2 days of incident; 
~ after debriefing, requires staff to develop and implement a written plan (or review 
and revise plan if it already exists) for response and de-escalation for the student; 
~ develop a local complaint process to address parent complaints about the use of 
restraint or seclusion. 
Unit Affected 
Local Cost 
School 
Moderate 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the state from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with implementing this rule change and providing the 
required guidance can be absorbed within existing budgeted resources. 
LR2820(02) - Fiscal Note - Page 1 of 1