In December, 2014, the Massachusetts Board of Elementary and Secondary Education adopted proposed amendments to the state’s Physical Restraint Regulations (603 CMR 46.00). A central theme of the amended regulations is that physical restraint should only be used in an emergency and as a last resort, except when a student’s behavior poses a threat of assault or imminent, serious, physical harm to self or others, and the student is not responsive to verbal directives or other less intrusive behavior interventions or strategies. As a result, the amended regulations prohibit the use of physical restraint as a standard response in an Individualized Education Program (IEP) for a student with disabilities, or any written individual behavior plan.
The amended regulations address when physical restraint is to be used, and provide a better distinction between seclusion (involuntary confinement of student alone in room or designated area) and time-out (behavior support strategy for purpose of calming student). They also mandate regular reporting requirements for analyzing and tracking the use of physical restraint in schools, and require annual refresher trainings for designated staff responsible for administering physical restraint (on top of the in-depth training already required).
Although the amended regulations are not effective until January 1, 2016, school districts should not wait to review and update current practices and procedures. The Department of Elementary and Secondary Education (DESE) is recommending that districts test policies and provide staff training this fall to ensure full implementation by the mandatory effective date. If you have questions about the new amendments or would like assistance updating your current policies and procedures, contact your NMP attorney or Melissa Murray, Esq. at mmurray@collinslabor.com.
