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: Education and Cultural Affairs
Sponsors: FARNSWORTH, CRAVEN, CROCKETT, HANDY, MADIGAN, PERRY, WARREN
Amends: 20-A MRSA §7008

Legislative Document
No. 1376
H.P. 997
House of Representatives, March 26, 2019
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
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative FARNSWORTH of Portland.
Cosponsored by Representatives: CRAVEN of Lewiston, CROCKETT of Portland, HANDY 
of Lewiston, MADIGAN of Waterville, McCREIGHT of Harpswell, PERRY of Calais, 
WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  20-A MRSA §7008 is enacted to read:
§7008.  Report on data regarding the use of physical restraint and seclusion
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 to the department 
an annual report on incidents of physical restraint and seclusion that includes:
1.  Number of uses; physical restraint.  The aggregate number of uses of physical 
restraint;
2.  Number of students; physical restraint.  The aggregate number of students 
placed in physical restraint;
3.  Number of uses; seclusion.  The aggregate number of uses of seclusion;
4.  Number of students; seclusion.  The aggregate number of students placed in 
seclusion;
5.  Number of injuries to students.  The aggregate number of serious bodily injuries 
to students related to physical restraint and seclusion; and
6.  Number of injuries to staff.  The aggregate number of serious bodily injuries to 
staff related to physical restraint and seclusion.
The commissioner's report must also include aggregate data gathered through a 
performance review system 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.
As used in this section, "covered entity" means an entity that owns, operates or 
controls a school or educational program that receives public funds from the department, 
including, but not limited to, public schools, public regional programs, public charter 
schools, private schools, private schools approved for tuition purposes, special purpose 
private schools, career and technical education programs, public prekindergarten 
programs and the Child Development Services System.
PART B
Sec. B-1.  Physical restraint and seclusion policies for special education 
students.  The Department of Education shall amend its rule Chapter 101:  Maine 
Unified Special Education Regulation Birth to Age Twenty to:
1.  In Chapter 101, Section II, Definitions:  include from its rule Chapter 33:  Rule 
Governing Physical Restraint and Seclusion definitions regarding behavior intervention 
plans, physical escort, physical prompt, physical restraint and seclusion;
2.  In Chapter 101, Section VI, Individualized Plan Team Membership, subsection 2, 
Individualized Family Service Plan (IFSP) Team or Individualized Education Program 
(IEP) Team for Children Three to Twenty, paragraph C, IEP Team Meetings - Transition 
Services, subparagraph (2), Transition from Regional CDS site to Public School, in that 
portion regarding Child Development Services System staff's preparing information to 
share with a school administrative unit:  add instructions to share documentation related 
to Chapter 33, Section 8 with school administrative units;
3.  In Chapter 101, Section VI, Individualized Plan Team Membership, subsection 2, 
Individualized Family Service Plan (IFSP) Team or Individualized Education Program 
(IEP) Team for Children Three to Twenty, paragraph J, Major IEP Team Responsibilities: 
add language setting out the responsibility to meet and review pursuant to Chapter 33, 
Section 9.2;
4.  In Chapter 101, Section XVI, Dispute Resolution Procedures:  (Mediations, 
Complaints and Hearings), subsection 1, Right to Dispute Resolution, Generally, 
paragraph A, regarding children from birth to 2 years of age, and paragraph B, regarding 
children from 3 to 20 years of age, in the provisions regarding complaints, requests for 
mediation and requests for due process hearings: add references to Chapter 33 to allow 
parents or school administrative units to make complaints and submit requests for 
mediation and due process hearings with regard to the rule when physical restraint or 
seclusion has been used on a student eligible for special education; and
5.  In Chapter 101, Appendix 1, Notice of Procedural Safeguards, in the provision 
regarding communication of procedural safeguards, 34 Code of Federal Regulations, 
Section 300.504, division (a): add a requirement that a copy of procedural safeguards 
available to the parents of a child with a disability or an adult student with a disability 
must be accompanied with the incident report provided under Chapter 33, Section 8.2 and 
a requirement that the school administrative unit provide the parent with a guide that 
explains Chapter 33.
PART C
Sec. C-1.  Performance review system.  The Department of Education shall 
adopt major substantive rules that develop a performance review system to define and 
monitor school administrative units' and special purpose programs' use of physical 
restraint and seclusion.  The performance review system must monitor compliance with 
the department's rule Chapter 33, including the requirement of submitting data to the 
department.  The performance review system must identify accountability standards and 
identify when a school administrative unit's or special purpose program's level of 
incidents of physical restraint and seclusion exceeds average levels.  The performance 
review system must include a compliance plan program to require the school 
administrative unit or special purpose program to reduce use of physical restraint and 
seclusion with specific targets and time frames.  Rules adopted pursuant to this section 
must be submitted for legislative review no later than December 5, 2019.
Sec. C-2.  Guide for information regarding rule.  The Commissioner of 
Education shall develop and provide information about rules adopted under section 1, 
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.
SUMMARY
This bill directs the Department of Education to amend its rule Chapter 101:  Maine 
Unified Special Education Regulation Birth to Age Twenty to include concepts from and 
references to the department's rule Chapter 33:  Rule Governing Physical Restraint and 
Seclusion.
It directs schools to make annual reports to the department regarding incidents of 
physical restraint and seclusion 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.