Important Update for Maine's Restraint and Seclusion Statute and Chapter 33 Rule
Chapter 33 proposed rule has been signed into law and is in effect as of June 16th, 2023
Link to Updated Chapter 33 Rule Document
This course meets the Chapter 33 requirement of “annual notification of rule and local policies” (Ch 33 Section 4.2)
In response to statute Sec.1. 20-A MRSA §4014"Use of seclusion and restraint" changes to the Chapter 33 Rule Governing Restraint and Seclusion were required for the Rule to be in line with the statute. Proposed changes were filed in Oct. 2021 and on June 16th, 2023 Governor Mills signed the proposed rule into law, taking immediate effect.
What this means for schools in the 2023-24 school year:
SAU's should examine their restraint and seclusion policies and practice to ensure they are in alignment with the 20-A MRSA 4014 statute and the Chapter 33 rule
The DOE is in the process of updating guidance and resources to be in line with the Rule. You can find update resources on this page marked "updated for new rule"
Chapter 33: Rule Governing Physical Restraint and Seclusion establishes standards and procedures for the use of physical restraint and seclusion and is the result of state statute, Sec.1. 20-A MRSA §4014: "Use of seclusion and physical restraint.
Physical restraint and seclusion may only be used as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others. The rule sets forth permitted and unlawful uses of restraint and seclusion, required notification and documentation of incidents of restraint or seclusion, aggregate reporting of incidents to administrators and to the Maine DOE, notification to parents, response to multiple incidents of restraint or seclusion of a student, local and state complaint processes and Maine DOE approval of training programs.
Approved Training Programs
Under Chapter 33, 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. Where as there were no changes to Chapter 33's Sec 12 "Staff Training; Approved Programs", previously approved training programs are in line with the Rule, however as many programs are nation-wide, SAU's should ensure that specific practices promoted by approved programs are in line with Maine state law.
- Building Communities of Care
- CALM Crisis Intervention Training
- CPI Nonviolent Crisis Intervention
- Handle With Care
- The Mandt System
- Non-abusive Psychological and Physical Intervention (NAPPI)
- Professional Crisis Management Association
- Physical & Psychological Management Training
- QBS: Safety-Care® Crisis Prevention Training
- Right Response
- Safe Crisis Management
- Therapeutic Crisis Intervention System
- Ukeru
If you are interested in adding an approved program to this list, please use the link below for information on how submit an application:
Information, Guidance, and FAQ
New and updated resources that alight with Maine Statute §4014
- NEW Model Restraint & Seclusion Incident Form aligned with Chapter 33
- Maine DOE Complaint Process Protocol
- US DOE Restraint and Seclusion
These resources have not yet been updated to align with §4014 Please use the information to the extent that it is not in conflict with the statute.
Contact
Bear Shea, LCSW
Mental Health Specialist
Coordinator- Culture, Climate, and Resilience Team
Email: W.Bear.Shea@Maine.gov