Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 46.00 - PREVENTION OF PHYSICAL RESTRAINT AND REQUIREMENTS IF USED › Section 46.06 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1) Circumstances
			 under which a physical restraint must be reported. Program staff shall report
			 the use of any physical restraint as specified in 603 CMR 46.06(2).
(2)
Informing the
			 Principal
. The program staff member who administered the restraint
			 shall verbally inform the principal of the restraint as soon as possible, and
			 by written report no later than the next school working day. The written report
			 shall be provided to the principal for review of the use of the restraint. If
			 the principal has administered the restraint, the principal shall prepare the
			 report and submit it to an individual or team designated by the superintendent
			 or board of trustees for review. The principal shall maintain an on-going
			 record of all reported instances of physical restraint, which shall be made
			 available for review by the Department or the student's parent, upon
			 request.
(3)
Informing
			 Parents
. The principal shall make reasonable efforts to verbally
			 inform the student's parent of the restraint within 24 hours of the event, and
			 shall notify the parent by written report sent either within three school
			 working days of the restraint to an email address provided by the parent for
			 communications about the student, or by regular mail postmarked no later than
			 three school working days of the restraint. If the program customarily provides
			 a parent of a student with report cards and other necessary school-related
			 information in a language other than English, the written restraint report
			 shall be provided to the parent in that language. The principal shall provide
			 the student and the parent an opportunity to comment orally and in writing on
			 the use of the restraint and on information in the written report.
(4)
Contents of
			 Report
. The written report required by 603 CMR 46.06(2) and (3)
			 shall include:
(a) The name of the student;
			 the names and job titles of the staff who administered the restraint, and
			 observers, if any; the date of the restraint; the time the restraint began and
			 ended; the name of the principal or designee who was verbally informed
			 following the restraint; and, as applicable, the name of the principal or
			 designee who approved continuation of a restraint beyond 20 minutes pursuant to
			 603 CMR
			 46.05(5)(c).
(b) A description of the activity in which
			 the restrained student and other students and staff in the same room or
			 vicinity were engaged immediately preceding the use of physical restraint; the
			 behavior that prompted the restraint; the efforts made to prevent escalation of
			 behavior, including the specific de-escalation strategies used; alternatives to
			 restraint that were attempted; and the justification for initiating physical
			 restraint.
(c) A description of the
			 administration of the restraint including the holds used and reasons such holds
			 were necessary; the student's behavior and reactions during the restraint; how
			 the restraint ended; and documentation of injury to the student and/or staff,
			 if any, during the restraint and any medical care provided.
(d) Information regarding any further
			 action(s) that the school has taken or may take, including any consequences
			 that may be imposed on the student.
(e) Information regarding opportunities for
			 the student's parents to discuss with school officials the administration of
			 the restraint, any consequences that may be imposed on the student, and any
			 other related matter.