An Act To Keep All Maine Students Safe by Restricting the Use of Seclusion and Restraint in Schools
Maine Legislature, Session 130, LD 1373
Committee: Education and Cultural Affairs
Sponsors: MILLETT, CRAVEN, MADIGAN, RAFFERTY
Amends: 20-A MRSA §7008

Legislative Document
No. 1373
H.P. 1007
House of Representatives, April 7, 2021
An Act To Keep All Maine Students Safe by Restricting the Use of 
Seclusion and Restraint in Schools
Received by the Clerk of the House on April 5, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Representatives: CRAVEN of Lewiston, MADIGAN of Waterville, 
McCREIGHT of Harpswell, Senator: RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §7008 is enacted to read:
§7008.  Use of seclusion and physical restraint
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Chemical restraint" means a drug or medication that is not prescribed as the 
standard treatment of a student's medical or psychiatric condition by a licensed 
physician or other qualified health professional acting under the scope of the 
professional's authority under state law that is used on a student to control behavior or 
restrict freedom of movement.
B.  "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 
providers of services pursuant to the provisions of the federal Individuals with 
Disabilities Education Act, Parts B and C, 20 United States Code, Section 1401 et seq. 
(2015).
C.  "Mechanical restraint" means the use of a device to restrict a student's freedom of 
movement.
D.  "Physical escort" means the temporary, voluntary, touching or holding of the hand, 
wrist, arm, shoulder or back to induce a student to walk to a safe location.
E.  "Physical prompt" means a teaching technique that involves voluntary physical 
contact with the student that enables the student to learn or model the physical 
movement necessary for the development of a desired competency.
F.  "Physical restraint" means a personal restriction that immobilizes or reduces the 
ability of a student to move the arms, legs or head freely.  "Physical restraint" does not 
include a physical escort, mechanical restraint, physical prompt or chemical restraint.
G.  "Seclusion" means the involuntary isolation or confinement of a student alone in a 
room or clearly defined area from which the student does not feel free to go or is 
physically denied exit.
H.  "Unlawful seclusion or restraint" means:
(1)  Seclusion;
(2)  Mechanical restraint;
(3)  Chemical restraint;
(4)  Physical restraint or physical escort that is life-threatening, restricts breathing 
or restricts blood flow to the brain, including prone and supine restraint; or
(5)  Physical restraint that is contraindicated based on Title 34-B, section 3003 or 
section 15002 or the student's disability or health care needs or medical or 
psychiatric condition as documented in:
(a)  A health care directive or medical management plan;
(b)  A behavior intervention plan;
(c)  An individual education plan or an individual family service plan as 
defined in the federal Individuals with Disabilities Education Act, 20 United 
States Code, Section 1401 et seq. (2015); or
(d)  A plan developed pursuant to the federal Rehabilitation Act of 1973, 29 
United States Code, Section 794 (2015) or the federal Americans with 
Disabilities Act of 1990, Title II, 42 United States Code, Section 12131 et seq. 
(2009).
2.  Prohibitions on restraint and seclusion.  A covered entity that receives state or 
federal assistance may not subject a student to unlawful seclusion or restraint.
3.  Report on data regarding the use of physical restraint.  The commissioner shall 
submit a report on data regarding the use of physical restraint collected pursuant to the 
department's rules governing physical restraint and special education. Each covered entity 
shall submit to the department an annual report on incidents of physical restraint of students 
of that covered entity that includes:
A.  The aggregate number of uses of physical restraint;
B.  The aggregate number of students placed in physical restraint;
C.  The aggregate number of students who have disabilities and an individualized 
education program under the federal Individuals with Disabilities Education Act, 20 
United States Code, Section 1401 et seq. (2015) or a plan pursuant to the federal 
Rehabilitation Act of 1973, 29 United States Code, Section 701 et seq. placed in 
physical restraint;
D.  The aggregate number of serious bodily injuries to students related to physical 
restraint; and
E.  The aggregate number of serious bodily injuries to staff related to physical restraint.
The commissioner's report must also include aggregate data gathered through a 
performance review system and subsequent compliance plans under subsection 4 and any 
use of unlawful seclusion or restraint. The report must be submitted to the Governor and 
the joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs no later than January 15th of every odd-numbered year.
4.  Performance review system.  The department shall develop and implement a 
performance review system to define and monitor the use of physical restraint by school 
administrative units and special purpose programs. The performance review system must 
monitor compliance with this section and relevant department rules, 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 exceeds average levels. The 
performance review system must include a compliance plan to require the school 
administrative unit or special purpose program to reduce use of physical restraint with 
specific targets and time frames. Rules adopted pursuant to this subsection are major 
substantive rules as defined by Title 5, chapter 375, subchapter 2-A and must be submitted 
for legislative review no later than December 5, 2022.
5.  Guide for information regarding rule.  The commissioner shall develop and 
provide information about rules adopted under subsection 4, 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.
6.  Technical assistance.  The department shall provide technical assistance to covered 
entities by developing, implementing and providing technical assistance to support 
evidence-based programs that reduce the likelihood of physical restraint, and support 
students in reducing behavior that can result in physical restraint, such as developmentally 
appropriate, positive behavior interventions, functional behavioral interventions, mental 
health supports, restorative justice programs, trauma-informed care and crisis and de-
escalation interventions.
7.  Rules.  The department shall adopt rules to carry out the purposes of this chapter.  
Except for rules adopted under subsection 4, rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill, in the special education provisions of the Maine Revised Statutes, prohibits 
the use of seclusion, chemical restraints, mechanical restraints and certain physical 
restraints of students by schools and other entities.  The bill directs schools to make annual 
reports to the Department of Education regarding incidents of physical restraint 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 bill also directs the 
Department of Education to develop and implement a performance review system to define 
and monitor the use of physical restraint by school administrative units and special purpose 
programs.