Resolve, To Direct the Department of Education To Amend Its Rules Regarding Restraint of Students
Maine Legislature, Session 126, LD 0243
Committee Amendment CA_A_S6 (Senate)

COMMITTEE AMENDMENT" Pt " to S.P. 79, L.D. 243, "Resolve, To Direct the 
Department of Education To Amend Its Rules Regarding Restraint of Students" 
Amend the resolve by striking out everything after the emergency preamble and 
before the emergency clause and inserting the following: 
'Sec. 1. Amendment of rule. Resolved: That the Department of Education shall 
amend portions of Chapter 33: Rule Governing Physical Restraint and Seclusion as 
follows. 
1. The rule must be amended in Section 2 to replace the definition of physical escort 
with language that provides that physical escort is temporary touching or holding for the 
purpose of inducing a student to walk to another location, including assisting the student 
to the student's feet in order to be escorted. 
2. The rule must be amended to modify the threshold for the use of physical restraint 
as follows: 
A. In the summary of the rule to provide that physical restraint and seclusion may be 
used only as an emergency intervention when the behavior of a student presents a risk 
of injury or harm to the student or others; 
B. In Section 1 of the rule to provide that physical restraint and seclusion may be 
used only as an emergency intervention when the behavior of a student presents a risk 
of injury or harm to the student or others; 
C. 
In Section 2, subsection 6 of the rule to provide that dangerous behavior is 
behavior that presents a risk of injury or harm to a student or others; 
D. 
In Section 2, subsection 9 of the rule to provide that risk of injury or hann 
describes a situation in which a student has the means to cause physical hann or 
injury to self or others and such injury or harm is likely to occur such that a 
reasonable and prudent person would take steps to protect the student and others 
against the risk of such injury or harm; 
E. In Section 5, subsection 1, paragraph A to provide that seclusion may be used 
only as an emergency intervention when the behavior of a student presents a risk of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A .. to S.P. 79, L.D. 243 
injury or harm to the student or others and only after other less intrusive interventions 
have failed or been determined inappropriate; 
F. In Section 5, subsection 2, paragraph B to provide that seclusion may not be used 
to prevent property destruction or disruption of the environment in the absence of a 
risk of injury or harm; 
G. In Section 5, subsection 3, paragraph A to provide that a student in seclusion must 
be continuously monitored until the student no longer presents a risk of injury or 
harm to self or others; 
H. In Section 5, subsection 4, paragraph A to provide that the staff involved in the 
lOuse of seclusion shall continually assess the student for signs that the student is no 
longer presenting a risk of injury or harm to self or others and to provide that the 
seclusion must be discontinued as soon as possible; 
I. In Section 6, subsection 1, paragraph A to provide that physical restraint may be 
used only as an emergency intervention when the behavior of a student presents a risk 
of injury or harm to the student or others and only after other less intrusive 
interventions have failed or been determined inappropriate; 
J. In Section 6, subsection 2, paragraph B to provide that physical restraint may not 
be used to prevent property destruction or disruption of the environment in the 
absence of a risk of injury or harm; 
K. In Section 6, subsection 3, paragraph B to provide that a student in physical 
restraint must be continuously monitored until the student no longer presents a risk of 
injury or harm to self or others; 
L. In Section 6, subsection 4, paragraph A to provide that the staff involved in the 
use of physical restraint must continually assess the student for signs that the student 
in physical restraint is no longer presenting a risk of injury or harm to self or others 
and to provide that the physical restraint must be discontinued as soon as possible; 
and 
M. In Section 6, subsection 4, paragraph D to provide that if attempts to release the 
student from physical restraint have been unsuccessful and the student is still 
presenting behaviors that create a risk of injury or harm to self or others, the covered 
entity may request assistance from outside sources such as caregivers, case managers, 
crisis intervention teams, local emergency management services or other community 
resources. 
3. The rule must be amended in Section 2, subsection 16 to provide that physical 
restraint does not include a brief period of physical contact necessary to break up a fight. 
4. The rule must be amended to require the Department of Education to ensure 
annually that teachers and administrators throughout the State are provided with 
consistent and accurate information regarding the requirements of Rule Chapter 33; and 
be it further 
Sec. 2. Expedited amendment process. Resolved: That, notwithstanding the 
Maine Revised Statutes, Title 5, chapter 375, subchapters 2 and 2-A or any other law, the 
Department of Education shall amend its Rule Chapter 33: Rule Governing Physical 
Restraint and Seclusion as provided in this resolve and shall file the amended rule with 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "-IT "to S.P. 79, L.D. 243 
the Secretary of State as a final amended rule within 7 business days of the effective date 
of this resolve. Rules adopted pursuant to this resolve are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. Beginning July 1,2013, any changes to 
Rule Chapter 33 are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A; and be it further 
Sec. 3. Report. Resolved: That the Department of Education, not later than 
January 10,2014, shall submit a report to the Joint Standing Committee on Education and 
Cultural Affairs describing the effect of the changes required by this resolve. 
The 
Department of Education shall consult with relevant stakeholders and include feedback 
from these stakeholders in its report. The committee may submit a bill related to the 
report to the Second Regular Session of the 126th Legislature if the committee 
determines it is necessary to amend or adjust any language contained in this resolve; and 
be it further 
Sec. 4. Nonregulatory guidance. Resolved: That the Department of Education 
shall, within 45 days of the effective date of the changes to Rule Chapter 33: Rule 
Goveming Physical Restraint and Seclusion filed with the Secretary of State, develop 
non-regulatory guidance designed to provide accurate information to teachers and 
administrators regarding the requirements of the revised rule. 
The Department of 
Education shall submit a report detailing these training efforts to the Joint Standing 
Committee on Education and Cultural Affairs before the end of the Second Regular 
Session of the 126th Legislature.' 
SUMMARY 
This amendment strikes and replaces the resolve to direct the Department of 
Education to amend its Rule Chapter 33: Rule Goveming Physical Restraint and 
Seclusion, which limits the use of restraint and seclusion. The current rule allows the use 
of those interventions only to prevent an imminent risk of injury or harm to a student or 
others. This resolve requires the rule to be changed as follows. 
1. It provides that the threshold for the use of physical restraint or seclusion is to 
prevent the risk of injury or harm to the child. 
2. It clarities the definition of physical escort. 
3. 
It clarifies that physical restraint does not include a brief period of physical 
contact necessary to break up a fight. 
4. It provides that the department is required to provide consistent and accurate 
information regarding the requirements of the rule annually to teachers and administrators 
throughout the State. 
5. It retains the provision in the resolve that requires the department to file the 
specific changes to the rule required by this resolve with the Secretary of State within 7 
business days of the effective date of the resolve, but it clarifies that these rule changes 
are routine technical rules, but that any changes to the rule on or after July 1, 2013 are 
major substantive rules. 
The amendment also requires the department to present a report describing the 
implementation of the changes to the rule, including the effect of these changes on 
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COMMITTEE AMENDMENT "11 "to S.P. 79, L.D. 243 
relevant stakeholders, to the Joint Standing Committee on Education and Cultural Affairs 
not later than January 10,2014. 
Finally, the amendment requires the department to develop nonregulatory guidance 
regarding the amendments to the rule so that teachers and administrators have accurate 
information regarding these revised requirements. The department is required to submit a 
report detailing its guidance and related training efforts to the Joint Standing Committee 
on Education and Cultural Affairs before the end of the Second Regular Session of the 
126th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/1 5/13 frac. 
LD243 
LR 1128(02) 
Resolve, To Direct the Department of Education To Amend Its Rules Regarding Restraint of Students 
Fiscal Note for Bill as Amended by Committee Amendment 'fl"(S-w 1 
Committee: Education and Cultural Affairs 
.J 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with the rulemaking process and with preparing and 
submitting the required report can be absorbed within existing budgeted resources. 
LRI128(02) - Fiscal Note - Page I of I