Maine

"Mechanical restraint" means the use of a device to restrict a student's freedom of movement.

Physical Restraint means a personal restriction that immobilizes or reduces the ability of a student to move the arms, legs, or head freely. 20-A M.R.S.A.§4014 (1)(F) and includes physically moving a student who has not moved voluntarily.

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. 20-A M.R.S.A.§4014 (1)(A) A. Under this rule, the following is not considered unlawful restraint and does not require an incident report: 1) Prescribed medications, for the standard treatment of a student’s medical or psychiatric condition, by a licensed physician or other qualified health professional; when administered by a health care provider, and consistent with a student’s health care plan.

Timeout is an intervention where a student requests, or complies with an adult request for a break. Timeout, as defined here, is not seclusion 20-A M.R.S.A.§4014 (1)(H).

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. "Seclusion" does not include a timeout as defined in Sec. (2)(25). 20-A M.R.S.A.§4014 (1)(G)

"Corporal punishment" means any form of discipline or punishment involving offensive physical contact with or inflicting physical pain or discomfort on a student. "Corporal punishment" does not include the use of physical restraint to protect the student or others from immediate harm.

If a specific room is designated as a seclusion room, it must meet all of the following conditions: 1) Be a minimum of 60 square feet; 2) Have adequate light, heat, ventilation; 3) Be of normal room height; 4) Contain an unbreakable observation window in a wall or door; and 5) Be free of hazardous material and objects with which a student could self-inflict bodily injury.

Mechanical Restraint is an unlawful form of restraint.

Chemical Restraint is an unlawful form of restraint.

The imposition of corporal punishment is prohibited in an elementary or secondary school or any public or private preschool program that provides instruction to children who are 4 years of age.

Yes

An administrator or designee shall notify the parent that physical restraint or seclusion and any related first aid have occurred as soon as practical but within the school day in which the incident occurred, utilizing all available phone numbers and other appropriate means. If the parent is unavailable, a phone message must be left for the parent to contact the school as soon as possible. If a parent does not have access to a phone, the entity must use whatever contact information is available for emergencies. The parent must be informed that written documentation will be provided to them within 7 calendar days. If a restraint or seclusion has occurred outside the school day, notification of the restraint or seclusion and any related first aid must occur as soon as possible in compliance with the entity’s procedures for emergency situations.

Seclusion: 1) total number of incidents see Sec. (2)(9) that include the use of seclusion; 2) the aggregate number of uses of seclusion; 20-A M.R.S.A.§4014 (3)(B) 3) the aggregate number of students placed in seclusion; 20-A M.R.S.A.§4014 (3)(D) 4) the aggregate number of students with 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 seclusion; 20-A M.R.S.A.§4014 (3)(F) 5) the aggregate number of serious physical injuries to students related to seclusion; 20- A M.R.S.A.§4014 (3)(H) 6) the aggregate number of serious physical injuries to staff related to seclusion; 20-A M.R.S.A.§4014 (3)(J) Physical Restraint: 1) total number of incidents see Sec. (2)(9) that include the use of physical restraints; 2) the aggregate number of uses of physical restraint; 20-A M.R.S.A.§4014 (3)(A) 3) the aggregate number of students placed in physical restraint; 20-A M.R.S.A.§4014(3)(C) 4) the aggregate number of students with 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 restraints; 20-A M.R.S.A.§4014 (3)(E) 5) the aggregate number of serious physical injuries to students related to physical restraint; 20-A M.R.S.A.§4014 (3)(G) 6) the aggregate number of serious physical injuries to staff related to physical restraint; 20-A M.R.S.A.§4014 (3)(I)

Not specified

Not specified.

https://www.maine.gov/doe/data-warehouse/reporting/restraint

Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools.

The Department of Education shall maintain a directory of approved training programs on its website at http://maine.gov/education/. The list of approved training programs may include regional training programs and regional “train the trainer” model programs. These training programs must require participants to demonstrate competency to achieve certification, and must include instruction in at least the following core components: 1. The use of non-physical interventions for responding to potentially dangerous behaviors, including de-escalation and the use of positive alternatives; 2. Identification of dangerous behaviors that may indicate the need for physical restraint or seclusion and methods for evaluating the risk of harm to determine whether such interventions are warranted; 3. Instruction and simulated experience in administering safe physical restraint techniques across a range of increasingly restrictive interventions, including the safe movement of a student, and in recognizing and avoiding positions involving a high risk of restraint-related positional asphyxia (restricting a student’s ability to breathe); 4. The effects of physical restraint and seclusion on a student, including monitoring physical and psychological signs of distress and when to obtain medical assistance in compliance with the covered entity’s procedures for emergency interventions; 5. The risks and realities of physical restraint and seclusion; and 6. A review of the process of student and staff debriefing. Each covered entity shall ensure that a sufficient number of administrators or designees, general and special education staff, maintain certification in an approved training program. A list of staff with the required approved training must be made available in each building office, as well as any central office, along with other school-wide emergency procedures and must be updated at least annually.