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 46.05 - Proper Administration of Physical Restraint

Current through Register 1525, July 5, 2024
(1)
Trained
			 Personnel
. Only public education program personnel who have
			 received training pursuant to
			 603 CMR 46.03(2) or
			 (3) shall administer physical restraint on
			 students. Whenever possible, the administration of a restraint shall be
			 witnessed by at least one adult who does not participate in the restraint. The
			 training requirements contained in
			 603 CMR 46.00 shall not
			 preclude a teacher, employee or agent of a public education program from using
			 reasonable force to protect students, other persons or themselves from assault
			 or imminent, serious, physical harm.
(2)
Use of Force
. A
			 person administering a physical restraint shall use only the amount of force
			 necessary to protect the student or others from physical injury or
			 harm.
(3)
Safest
			 Method
. A person administering physical restraint shall use the
			 safest method available and appropriate to the situation subject to the safety
			 requirements set forth in 603 CMR 46.05(5). Floor restraints, including prone
			 restraints otherwise permitted under
			 603 CMR
			 46.03(1)(b), shall be
			 prohibited unless the staff members administering the restraint have received
			 in-depth training according to the requirements of
			 603 CMR 46.04(3)
			  and, in the judgment of the trained staff
			 members, such method is required to provide safety for the student or others
			 present.
(4)
Duration
			 of Restraint
. All physical restraint must be terminated as soon as
			 the student is no longer an immediate danger to himself or others, or the
			 student indicates that he or she cannot breathe, or if the student is observed
			 to be in severe distress, such as having difficulty breathing, or sustained or
			 prolonged crying or coughing.
(5)
Safety Requirements
. Additional requirements for the
			 use of physical restraint:
(a) No restraint
			 shall be administered in such a way that the student is prevented from
			 breathing or speaking. During the administration of a restraint, a staff member
			 shall continuously monitor the physical status of the student, including skin
			 temperature and color, and respiration.
(b) Restraint shall be administered in such a
			 way so as to prevent or minimize physical harm. If, at any time during a
			 physical restraint, the student expresses or demonstrates significant physical
			 distress including, but not limited to, difficulty breathing, the student shall
			 be released from the restraint immediately, and school staff shall take steps
			 to seek medical assistance.
(c) If
			 a student is restrained for a period longer than 20 minutes, program staff
			 shall obtain the approval of the principal. The approval shall be based upon
			 the student's continued agitation during the restraint justifying the need for
			 continued restraint.
(d) Program
			 staff shall review and consider any known medical or psychological limitations,
			 known or suspected trauma history, and/or behavioral intervention plans
			 regarding the use of physical restraint on an individual student.
(e) After the release of a student from a
			 restraint, the public education program shall implement follow-up procedures.
			 These procedures shall include reviewing the incident with the student to
			 address the behavior that precipitated the restraint, reviewing the incident
			 with the staff person(s) who administered the restraint to discuss whether
			 proper restraint procedures were followed, and consideration of whether any
			 follow-up is appropriate for students who witnessed the incident.