§ 20-A §4014-3 — Use of seclusion and physical restraint

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Prohibition on unlawful restraint and seclusion; restriction on use of physical restraint and seclusion.
A covered entity that receives state or federal assistance may not subject a student to unlawful restraint or seclusion. A covered entity may use physical restraint or seclusion only if:
3.
Report on data regarding the use of physical restraint and seclusion.
Each covered entity shall submit to the department an annual report on incidents of physical restraint and seclusion of students of that covered entity that includes:
4.
Technical assistance.
The department shall, using existing resources, provide technical assistance to covered entities by developing, implementing and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint or seclusion, and support students in reducing behavior that can result in physical restraint or seclusion, such as developmentally appropriate, positive behavior interventions, functional behavioral interventions, mental health supports, restorative justice programs, trauma-informed care and crisis and de-escalation interventions.
5.
Rules.
The department shall adopt or amend rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 2021, c. 453, §1 (NEW). PL 2025, c. 266, §§1, 2 (AMD).