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 46.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				603 CMR 46.00, the following
				terms shall have the following meanings:
Commissioner
shall mean the
				commissioner of the Department of Elementary and Secondary Education appointed
				in accordance with M.G.L. c. 15, § 1F, or his or her designee.
Consent
shall mean agreement by a
				parent who has been fully informed of all information relevant to the activity
				for which agreement is sought, in his or her native language or other mode of
				communication, that the parent understands and agrees in writing to carrying
				out of the activity, and understands that the agreement is voluntary and may be
				revoked at any time. The agreement describes the activity and lists the records
				(if any) which will be released and to whom. In seeking parental consent, a
				public education program shall not condition admission or continued enrollment
				upon agreement to the proposed use of any restraint.
Department
shall mean the Department
				of Elementary and Secondary Education.
Mechanical Restraint
shall mean the
				use of any physical device or equipment to restrict a student's freedom of the
				movement.
Mechanical Restraint
does not include
				devices implemented by trained school personnel, or utilized by a student that
				have been prescribed by an appropriate medical or related services
				professional, and are used for the specific and approved positioning or
				protective purposes for which such devices were designed. Examples of such
				devices include: adaptive devices or mechanical supports used to achieve proper
				body position, balance, or alignment to allow greater freedom of mobility than
				would be possible without the use of such devices or mechanical supports;
				vehicle safety restraints when used as intended during the transport of a
				student in a moving vehicle; restraints for medical immobilization; or
				orthopedically prescribed devices that permit a student to participate in
				activities without risk of harm.
Medication Restraint
shall mean the
				administration of medication for the purpose of temporarily controlling
				behavior. Medication prescribed by a licensed physician and authorized by the
				parent for administration in the school setting is not medication
				restraint.
Parent
shall mean a student's father,
				mother, or legal guardian, or person or agency legally authorized to act on
				behalf of the student in place of or in conjunction with the father, mother, or
				legal guardian.
Physical Escort
shall mean a temporary
				touching or holding, without the use of force, of the hand, wrist, arm,
				shoulder, or back for the purpose of inducing a student who is agitated to walk
				to a safe location.
Physical Restraint
shall mean direct
				physical contact that prevents or significantly restricts a student's freedom
				of movement. Physical restraint does not include: brief physical contact to
				promote student safety, providing physical guidance or prompting when teaching
				a skill, redirecting attention, providing comfort, or a physical escort.
Principal
shall mean the instructional
				leader or headmaster of a public education school program or his or her
				designee. The board of directors of a charter school or virtual school, or
				special education school or program approved under
				603
				CMR 28.09:
Approval of Public or
				Private Day and Residential Special Education School Programs
, shall
				designate in the restraint prevention and behavior support policy who will
				serve as principal for purposes of
				603 CMR 46.00.
Prone Restraint
shall mean a physical
				restraint in which a student is placed face down on the floor or another
				surface, and physical pressure is applied to the student's body to keep the
				student in the face-down position.
Public Education Programs
shall mean
				public schools, including charter schools, virtual schools, collaborative
				education programs, and the school day of special education schools approved
				under
				603
				CMR 28.09:
Approval of Public or
				Private Day and Residential Special Education School Programs
, as
				provided in
				603 CMR
				18.05(5)(h), and school
				events and activities sponsored by such programs. "Programs" may be used in
				603 CMR 46.00 to refer to
				"public education programs". For purposes of
				603 CMR 46.00, public
				education programs shall not include the educational services provided within
				Department of Youth Services, Department of Mental Health, Department of Public
				Health, and County Houses of Correction operated or contracted
				facilities.
School Working Day
shall mean a day or
				partial day that students are in attendance at the public education program for
				instructional purposes.
Seclusion
shall mean the involuntary
				confinement of a student alone in a room or area from which the student is
				physically prevented from leaving. Seclusion does not include a time-out as
				defined in 603 CMR 46.02.
Time-out
shall mean a behavioral
				support strategy developed pursuant to
				603 CMR 46.04(1)
				 in which a student temporarily separates
				from the learning activity or the classroom, either by choice or by direction
				from staff, for the purpose of calming. During time-out, a student must be
				continuously observed by a staff member. Staff shall be with the student or
				immediately available to the student at all times. The space used for time-out
				must be clean, safe, sanitary, and appropriate for the purpose of calming.
				Time-out shall cease as soon as the student has calmed.