An Act To Direct the Department of Education To Amend Its Rules To Ensure That Physical Restraint and Seclusion Policies Are Followed for Special Education Students and Make Biennial Reports on the Use of Physical Restraint and Seclusion
Maine Legislature, Session 129, LD 1376
Committee Amendment CA_A_H617 (House)
Amends: 20-A MRSA §2902, 20-A MRSA §4502, 20-A MRSA §6555

COMMITTEE AMENDMENT "A" to H.P. 997, L.D. 1376, Bill, "An Act To 
Direct the Department of Education To Amend Its Rules To Ensure That Physical 
Restraint and Seclusion Policies Are Followed for Special Education Students and Make 
Biennial Reports on the Use of Physical Restraint and Seclusion" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Direct the Department of Education To Amend Its Rules To Ensure 
That Physical Restraint and Seclusion Policies Are Followed and Make Biennial 
Reports on the Use of Physical Restraint and Seclusion' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 20-A MRSA §2902, sub-§9, as amended by PL 2001, c. 452, §6, is 
further amended to read: 
9. Medication. Meet the requirements for administering medication under section 
254, subsection 5; atid 
Sec. 2. 20-A MRSA §2902, sub-§10, as enacted by PL 2001, c. 452, §7, is 
amended to read: 
10. Reintegration planning. Meet the requirements for administering reintegration 
planning under section 254, subsection 12,: and 
Sec. 3. 20-A MRSA §2902, sub-§11 is enacted to read: 
11. Physical restraint and seclusion. Meet the requirements for use of physical 
restraint and seclusion under section 6555. 
Sec. 4. 20-A MRSA §4502, sub-§5, ~' as amended by PL 2009, c. 313, §2, is 
repealed. 
Sec. 5. 20-A MRSA §4502, sub-§5, ~-1 is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 997, L.D. 1376 
M-1. The use of physical restraint and seclusion in accordance with the requirements 
of section 6555: 
Sec. 6. 20-A MRSA §6555 is enacted to read: 
§6555. Physical restraint and seclusion 
1. Defmitions. As used in this section. unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Covered entity" means a public school, public regional program. public charter 
school, public magnet school. private school approved for tuition purposes. special 
purpose private school, 
career and technical education program, public 
prekindergarten program, the Child Development Services System and regional 
education cooperative. 
B. "Physical restraint" means a personal restriction that immobilizes or reduces the 
ability of a student to move the student's torso, arms, legs or head freely. "Physical 
restraint" does not include a physical escort. 
C. "Plan" means an individualized education plan, a plan pursuant to Section 504 of 
the federal Rehabilitation Act of 1973, an individualized health care plan or any other 
individualized plan. 
D. "Seclusion" means involuntacy confmement of a student alone in a room or area 
from which the student is physically prevented from leaving. 
E. "Student personally identifiable information" has the same meaning as in section 
952, subsection 7. 
2. Adoption of policy. A covered entity shall adopt a policy and procedures 
regarding the use of physical restraint and seclusion. Each covered entity shall provide 
overview and awareness information to all staff regarding the use of physical restraint 
and seclusion. 
3. 
Performance review system. 
The department shall by rule develop and 
implement a performance review system to define and monitor all covered entities' use of 
physical restraint and seclusion. The performance review system must include: 
A. A system to monitor compliance with the department's rules, including. but not 
limited to, required data submission to the department; 
B. Accountability standards; and 
C. A compliance plan program that provides a multitiered system of support to 
covered entities and requires covered entities to reduce the use of physical restraint 
and seclusion with specific targets and time frames. when appropriate. 
4. Technical assistance. The department shall provide technical assistance with 
respect to the use of physical restraint and seclusion to covered entities. 
5. Report. The commissioner shall submit a report on data regarding the use of 
physical restraint and seclusion collected pursuant to the department's rules governing 
physical restraint and seclusion and special education. Each covered entity shall submit 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 997, L.D. 1376 
to the department an annual report on incidents of physical restraint and seclusion that 
includes: 
A. The aggregate number of uses of physical restraint broken down by grade level or 
age group. gender, race and type of plan; 
B. The aggregate number of students placed in physical restraint broken down by 
grade level or age group, gender, race and type of plan: 
C. The aggregate number of uses of seclusion broken down by grade level or age 
group, gender, race and type of plan: 
D. The aggregate number of students placed in seclusion broken down by grade level 
or age group, gender. race and type of plan: 
E. The aggregate number of serious bodily injuries to students related to physical 
restraint and seclusion broken down by grade level or age group. gender. race and 
type of plan: and 
F. 
The aggregate number of serious bodily injuries to staff related to physical 
restraint and seclusion. 
Student personally identifiable information contained in a report submitted by a covered 
entity pursuant to this subsection is confidential. The department shall by rule establish 
procedures regarding the confidentiality of student personally identifiable information 
and the release of data submitted by covered entities pursuant to this section. including 
but not limited to rules providing for any necessary data suppression by the department to 
ensure that student personally identifiable information is not released. 
The commissioner's report must also include aggregate data gathered through the 
performance review system developed pursuant to subsection 3 and subsequent 
compliance plans. The report must be submitted to the Governor and the joint standing 
committee of the Legislature having jurisdiction over educational and cultural affairs no 
later than January 15th of every odd-numbered year. 
6. Rules. The department shall adopt rules regarding physical restraint and seclusion 
and to implement this section. Rules adopted pursuant to this section are major 
substantive rules as defined in Title 5. chapter 375. subchapter 2-A. 
Sec. 7. Rulemaking. The Department of Education shall submit rules adopted 
pursuant to the Maine Revised Statutes, Title 20-A, section 6555 for legislative review no 
later than December 5, 2019. 
Sec. 8. Guide for information regarding rules; forms. The Commissioner of 
Education shall develop and provide information about rules adopted under this Act 
including a guide that includes a template for a school administrative unit or special 
purpose program to use to explain any additional local policies or local complaint 
processes. In developing the guide and template, the commissioner shall review any 
forms currently used for reporting on physical restraint and seclusion, request feedback 
from school administrative units and stakeholders and update any form used for reporting 
on physical restraint and seclusion based on the feedback. 
Sec. 9. Professional development opportunities. No later than January 15, 
2020, the Department of Education shall submit a plan to the Joint Standing Committee 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 997, L.D. 1376 
on Education and Cultural Affairs on the provision of a variety of professional 
development opportunities to promote preventive practice models that will reduce 
dependence on physical restraint and seclusion. Professional development opportunities 
must include, but are not limited to, conflict resolution education, peer mediation and 
early identification and response to signs of violence. The Joint Standing Committee on 
Education and Cultural Affairs may submit a bill to the Second Regular Session of the 
129th Legislature related to the subject matter of the plan. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
EDUCATION, DEPARTMENT OF 
Learning Systems Team Z081 
Initiative: Provides ongoing funds for one Education Specialist II position and related All 
Other costs to manage the data submitted by each covered entity regarding incidents of 
physical restraint and seclusion and to monitor and investigate the use of physical 
restraint and seclusion. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2019-20 
1.000 
$65,886 
$5,200 
$71,086 
2020-21 
1.000 
$91,863 
$6,383 
$98,246 
Learning Systems Team Z081 
Initiative: Provides one-time funds to modify the current restraint and seclusion form in 
the department's educational information system to accept the data on physical restraint 
and seclusion by grade level or age group, gender, race and type of plan. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
EDUCATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2019-20 
$50,000 
$50,000 
2019-20 
$121,086 
$121,086 
2020-21 
$0 
$0 
2020-21 
$98,246 
$98,246 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 997, L.D. 1376 
SUMMARY 
This amendment, which is the majority report of the committee, strikes and replaces 
the bill. The amendment directs schools to submit annual reports to the Department of 
Education regarding incidents of physical restraint and seclusion including the number of 
uses and number of students, broken down by grade level or age group, gender, race and 
type of education plan, and the number of injuries to students and to staff and directs the 
Commissioner of Education to report biennially to the Governor and the Legislature on 
data regarding the use of physical restraint and seclusion. 
The amendment also directs the Department of Education to, by rule, develop and 
implement a performance review system to define and monitor all schools' use of 
physical restraint and seclusion. 
The amendment also requires the Department of Education to submit major 
substantive rules by December 5, 2019, provide guidance to schools regarding these rules 
and submit a plan by January 15, 2020 to the Joint Standing Committee on Education and 
Cultural Affairs on professional development opportunities to promote preventive 
practice models that will reduce dependence on physical restraint and seclusion. 
The amendment also adds an appropriations and allocations section. 
This amendment also incorporates a fiscal note. The fiscal note identifies the 
requirement that school administrative units break down the aggregate data by grade level 
or age group, gender, race and type of plan as a potential unfunded state mandate. 
Because schools are already required to collect this data pursuant to department rule 
Chapter 33: Rule Governing Physical Restraint and Seclusion, the committee finds this 
additional requirement does not require an expansion or modification of activities so as to 
necessitate additional expenditures. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/12/19 ~ac 
LD 1376 
LR994(02) 
An Act To Direct the Department of Education To Amend Its Rules To Ensure That Physical 
Restraint and Seclusion Policies Are Followed for Special Education Students and Make Biennial 
Reports on the Use of Physical Restraint and Seclusion 
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Fiscal Note for Bill as Amended by Committee Amendment'/)( /1-,/?; 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
FY 2019-20 
FY2020-21 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
State Mandates 
Required Activity 
$121,086 
$98,246 
$121,086 
$98,246 
Requires local school administrative units to report to the Department of Education 
on the following incidents of physical restraint and seclusion by grade level or age 
group, gender, race and type of plan: 1) the aggregate number of uses of physical 
restraint; 2) the aggregate number of students placed in physical restraint; 3) the 
aggregate number of uses of seclusion; 4) the aggregate number of students placed 
in seclusion; 5) the aggregate number of serious bodily injuries to students related to 
physical restraint and seclusion; and 6) the aggregate number of serious bodily 
injuries to staff related to physical restraint and seclusion. 
Projections 
Projections 
FY2021-22 
FY2022-23 
$101,461 
$104,789 
$101,461 
$104,789 
Unit Affected 
Local Cost 
School 
Insignificant 
statewide 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
LR0994(02) - Fiscal Note - Page 1 of2 
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Fiscal Detail and Notes 
This bill includes General Fund appropriations totaling $121,086 in fiscal year 2019-20 and $98,246 in fiscal year 
2020-21 to the Learning Systems Team program within the Department of Education. Of this amount, $50,000 is 
appropriated on a one-time basis for the programming costs to modify the current physical restraint and seclusion 
form in the department's educational information system to accept the data on physical restraint and seclusion by 
grade level or age level, gender, race and type of plan. Ongoing appropriations of $71,086 in fiscal year 2019-20 and 
$98,246 in fiscal year 2020-21 are provided to the Learning Systems Team program for one Education Specialist II 
position and related All Other costs to manage the required data submitted by each covered entity and to monitor 
incidents of physical restraint and seclusion and investigate incidents as necessary. 
School administrative units (SAU's) are required by department rule (Chapter 33: Rule Governing Physical Restraint 
and Seclusion) to rep01t the aggregate data listed above each year. This legislation places the requirement in statute 
and requires that the information be reported by grade level or age level, gender, race and type of plan. To the extent 
that SAU's already collect and report the required data, the additional cost of the required municipal activities may be 
minimal. 
LR0994(02) - Fiscal Note - Page 2 of2