Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)

Massachusetts

A. Regulations:

Pursuant to M.G.L. c. 69, § 1B, and c. 71, § 37G , “The board of education shall promulgate regulations regarding the use of physical restraint for students. Such regulations shall not preclude any teacher or employee or agent of the school from using reasonable force to protect pupils, other persons and themselves from an assault by a pupil as set forth above in section (b). Such regulations shall require training of all personnel authorized to administer any forms of restraint. Such regulations shall provide for procedures for notification to the department and to the parents.”

Education Law and Regulation addresses the issue of physical restraint of students.

603 CMR 46.00 Physical Restraint addresses; Authority, Scope, Purpose and Construction, Definitions, Procedures and Training, Determining When Physical Restraint May Be Used, Proper Administration of Physical Restraint, Reporting Requirements, and Special Circumstances related to physical restraint issues in Massachusetts public education programs.

Summary: The Massachusetts Department of Elementary and Secondary Education (MA DESE) addresses physical restraint laws and guidelines through 603 CMR 46.00 (in effect April 2, 2001), which relate to students in publicly funded elementary and secondary education programs, including all Massachusetts public school districts, charter schools, collaborative education programs and special education day schools approved under 603 CMR 28.09. 603 CMR 18.00 (amended April 2, 2001), MA DESE’s Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs, generally address behavior management at section 18.05(5) and require approved day and residential special education school programs to develop rules, policies and procedures addressing a number of areas, including restraints. Subparagraph (h) of the same section directs such programs to comply with the restraint requirements of their respective licensing/approval agencies. For example, the residential setting within an approved residential special education is licensed by a sister state agency. The private approved special education residential school must comply with the other state agency’s regulations, as applicable. Residential educational programs approved under 603 CMR 28.09 and educational programs in facilities operated by the Department of Youth Services are required to comply with the restraint requirements of 102 CMR 3.00 (July 13, 2001), which states that each new employee (who may work with residents) of a program which utilizes restraints, shall receive a minimum of sixteen (16) hours of training in the prevention and use of restraint, which shall address the needs and behaviors of the population served (details specified), and prevention/restraint training shall include role-playing in de-escalation and demonstration of proficiency with each hold taught, and written post-training tests. Additionally, this regulation states, “no new employee shall be solely responsible for children in care until s/he has received the minimum orientation described above.” Educational programs within a program or facility subject to M.G.L. c.123 or Department of Mental Health Regulations are required to comply with the restraint requirements of M.G.L. c.123, 104 CMR 27.12 or 104 CMR 28.05, as applicable.

B. Existing Programs:

The Department has a PowerPoint presentation posted online that provides general information on Physical Restraint Laws and regulations. This presentation states that “it provides an overview of the regulatory requirements for the use of physical restraint, all staff should be familiar with the regulations, and viewing the presentation does not substitute for a careful reading of the full regulatory requirements.”

The DESE does not directly provide training in restraint and seclusion procedures. Please see Training/Professional Development section below.

C. Reporting and Complaint Procedure

MA DESE regulations require verbal and written reports of certain types of restraint. Forms developed by the Department of Elementary and Secondary Education that may be used in meeting both the local and state reporting requirements are posted on the Department’s Web site.

The regulations require that a report [603 CMR 46.06(5)] be filed with the Department of Elementary and Secondary Education by a Massachusetts public school district, charter school, collaborative education program and special education day school approved under 603 CMR 28.09 within five (5) school working days of the administration of the restraint when “a restraint has resulted in a serious injury (requiring emergency medical intervention) to a student or program staff member and/or when a restraint lasting for more than twenty (20) minutes (an “extended restraint”) has been administered.” This report requires notification to parents that a restraint of this nature took place.

A Program Quality Assurance (PQA) staff person reviews the report that is filed with DESE to determine compliance with the requirements and to conduct follow-up with the school as needed on any specific report or any concerning pattern of reports that warrant further inquiry.

There are additional regulatory requirements that mandate these educational settings notify school staff and parents/guardians of other incidents of restraint as well. 603 CMR 46.06(1, 2) requires the school staff to notify school principal or school director or designee of each instance of physical restraint that results in any injury to a student or staff member, or any physical restraint of duration longer than five minutes verbally as soon as possible, and by written report to school principal or school director or designee no later than the next school working day. 603 CMR 46.06(1, 3) requires the school staff to notify the parent/guardian of each instance of physical restraint that results in any injury to a student or staff member, or any physical restraint of duration longer than five minutes verbally as soon as possible, and by written report to parent/guardian postmarked no later than three school working days following the use of such a restraint.

Complaints relative to restraints follow the standard complaint procedure outlined by the DESE about the Problem Resolution System (PRS) on its http://www.doe.mass.edu/pqa/ Program Quality Assurance site. PQA is the unit within the Department that manages that system.

Any concerned person has the right to contact the Department. Most concerns come from parents, students, teachers and individuals or organizations acting on students’ behalf. If an individual does not write or speak English, is not comfortable communicating in English or requires some other accommodation, the Department will make arrangements to communicate appropriately with the individual.

The Department recommends that individuals with questions and concerns first contact the school (for example, the principal, superintendent of schools or administrator of special education) to present questions and concerns to the people who are closest to the situation and who are most able to respond quickly. If that does not work, or does not seem possible under the circumstances, individuals may contact PQA using the posted listing of assigned PRS Educational Specialists.

The complete problem resolution procedure is listed on the DESE Web site [http://www.doe.mass.edu]. The formal process involves some of the following elements;

1. Submission of a signed Intake Information Form to the Department.

2. Review by the Department’s Educational PRS Specialist of the complaint to determine if there is authority for the Department to act (if not, the individual is referred to other assistance sources).

3. If a concern is related to educational laws, regulations or policy, then the complaint is investigated and a procedure for resolution is followed that includes contact with the district as a first step.

4. If the Department determines that the district is not meeting requirements, the Department will send a letter explaining the basis of this determination and the requirements for correcting any noncompliance found.

Requests for advocates are often referred to the Federation for Children with Special Needs.

D. Training/ Professional Development

In order to receive the full 16 hours of training referred to in the legislation, districts contract through regional collaborative and/or private providers to certify lead personnel and staff trainers in restraint procedures and policies. DESE staff suggests that inquiries related to finding restraint and seclusion training or professional development be made to other MA districts. A number of the professional development trainings that certify school personnel are coordinated and provided through the state’s regional Educational Cooperatives.

Examples:

The Crisis Prevention Institute (CPI) is provided by the TEC/EDCO Education Collaborative, Dedham, MA.

MSEC (The Merrimac Special Education Collaborative) offers physical restraint training for interested schools and other groups. “MSEC provides both the overview training on physical restraint required by the Department of Education for all school staff, as well as in-depth training for staff who serve as a required school-wide resource. The MSEC trainer is certified in CPI, has trained over 2,000 staff.”

E. Web-Based Links

1. Education Laws and Regulations 603 CMR 46.00: Physical Restraint
http://www.doe.mass.edu/lawsregs/603cmr46.html?section=all

2. Education Laws and Regulations 603 CMR 18.00: Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs

http://www.doe.mass.edu/lawsregs/603cmr18.html?section=05

3. The General Laws of Massachusetts PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XII. EDUCATION CHAPTER 69. Chapter 69: Section 1B. Board of elementary and secondary education; duties.
http://www.mass.gov/legis/laws/mgl/69-1b.htm

4. The General Laws of Massachusetts PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XII. EDUCATION CHAPTER 71. PUBLIC SCHOOLS, SCHOOL COMMITTEES
Chapter 71: Section 37G. Corporal punishment of pupils prohibited; use of physical restraint; regulations.
http://www.mass.gov/legis/laws/mgl/71-37g.htm

5. PowerPoint

http://www.malden.mec.edu/mps/doc/PPT%20Presentation%20Restraint%20Training.pdf

6. Program Quality Assurance Services Compliance and Monitoring Problem Resolution System (Complaints Procedures)

http://www.doe.mass.edu/pqa/prs/

7. Updated Guidance Regarding Implementation of Physical Restraint Regulations and Incident Reporting Requirements in Special Education Day and Residential Schools

http://www.doe.mass.edu/news/news.asp?id=2696

8. Physical Restraint Report Forms 603 CMR 46.06(5)

http://www.doe.mass.edu/pqa/sa_nr/46_req.html
http://www.doe.mass.edu/pqa/sa_nr/physical_restraint.pdf
http://www.doe.mass.edu/pqa/sa_nr/physical_restraint.doc

9. Regional Collaborative Training Program Example

http://www.tec-coop.org/pdl/PDFs/Fall09/RestraintTraining.pdf