Resolve, To Direct the Department of Education To Amend Its Rules Regarding Restraint of Students
Maine Legislature, Session 126, LD 0243
Committee: Education and Cultural Affairs
Sponsors: SAVIELLO, BLACK, BURNS, CUSHING, HAMPER, KATZ, LANGLEY, MASON, SHERMAN, WHITTEMORE

Legislative Document 
No. 243 
S.P. 79 
In Senate, February 5, 2013 
Resolve, To Direct the Department of Education To Amend Its 
Rules Regarding Restraint of Students 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative BLACK of Wilton and 
Senators: BURNS of Washington, CUSHING of Penobscot, HAMPER of Oxford, KATZ of 
Kennebec, LANGLEY of Hancock, MASON of Androscoggin, SHERMAN of Aroostook, 
WHITTEMORE of Somerset. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, significant revisions to Department of Education Rule Chapter 33 
governing the restraint and seclusion of students took effect July 1, 2012; and 
Whereas, educators, administrators and parents have expressed concern with the 
limitations on the use of restraint and seclusion; and 
Whereas, because Rule Chapter 33 is a major substantive rule, changes to the rule 
require legislative review before the changes may be made; and 
Whereas, the Legislature has authority to direct the Department of Education to 
amend its rule to reflect legislative policy determinations; and 
Whereas, educators and administrators need tools immediately to restore order to 
classrooms through limited additional uses of restraint or seclusion; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
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 the temporary touching or holding of a 
student who is acting out, for the purpose of inducing that student to walk to a safe 
location and that if the student is under 8 years of age, physical escort includes picking up 
the student, with the use of minimal force, in order to move the student to a safe location. 
2.  The rule must be amended in Section 2 to provide that physical restraint may 
include a brief period of physical restriction by person-to-person contact accomplished 
with minimal force and designed to prevent a student from causing injury or harm, 
property destruction or disruption of the educational environment. 
3.  The rule must be amended wherever necessary to indicate that the use of seclusion 
or restraint is allowed to prevent significant property damage and to prevent disruption of 
the educational environment. 
4.  The rule must be amended to allow restraint or seclusion of a student under the 
circumstances described in a written document signed by that student's parent. 
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 
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 major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Department of Education to amend its Rule Chapter 33: Rule 
Governing 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 to allow the use of restraint or seclusion to prevent significant property damage, 
to prevent disruption of the educational environment and when authorized in writing by a 
student's parent.  The resolve also requires the rule to exclude some specific, limited 
techniques from the definition of "physical restraint," and to amend the definition of 
"physical escort" to include picking up younger students.  The resolve requires the 
department to make the required changes in the rule within 7 business days of the 
effective date of the resolve.