Restraint and Seclusion Laws in Maine
What are the restraint and seclusion rules in Maine?
Maine has a specific statute governing the use of physical restraint and seclusion in schools under 20-A M.R.S. § 4502-A, along with implementing regulations in Chapter 33 of the Maine DOE rules (Behavioral Supports, Restraint, and Seclusion). Physical restraint and seclusion may only be used in emergencies — when a student's behavior poses an imminent risk of harm to self or others and less restrictive interventions have been tried or would not be effective (20-A M.R.S. § 4502-A(3)). Mechanical restraints are prohibited. Prone (face-down) restraints and any restraint that restricts breathing are prohibited (20-A M.R.S. § 4502-A(4)). Schools must notify parents on the same day a restraint or seclusion incident occurs; written notification must follow within 3 school days. Each restraint/seclusion incident must be documented and reviewed. Schools must maintain a log of all incidents and report aggregate data to the MDOE. An IEP team review must occur after multiple incidents. Staff who use physical restraint must receive training; Maine requires all school staff to be trained in de-escalation techniques and positive behavioral supports.
What Maine Requires
Physical restraint and seclusion may only be used in emergencies where a student poses an imminent risk of harm to self or others and less restrictive interventions have been tried or would be ineffective (20-A M.R.S. § 4502-A(3)).
Mechanical restraints are prohibited; prone (face-down) restraints and restraints that restrict breathing are explicitly prohibited (20-A M.R.S. § 4502-A(4)).
Schools must notify parents on the same day a physical restraint or seclusion incident occurs; written notification must follow within 3 school days of the incident (20-A M.R.S. § 4502-A(5); Me. DOE Ch. 33).
Each incident of physical restraint or seclusion must be documented in a written incident report, reviewed by administration, and retained in the student's file (20-A M.R.S. § 4502-A(5); Me. DOE Ch. 33).
Schools must report aggregate restraint and seclusion data to the MDOE; IEP team review must be triggered by recurring incidents (Me. DOE Ch. 33).
All school personnel must be trained in de-escalation and positive behavioral supports; only trained staff may use physical restraint (20-A M.R.S. § 4502-A(6); Me. DOE Ch. 33).
Key Timelines
Same-day parent notification: required for every physical restraint or seclusion incident (20-A M.R.S. § 4502-A(5)).
Written notification to parents: within 3 school days of the incident (20-A M.R.S. § 4502-A(5); Me. DOE Ch. 33).
IEP team review: required after multiple incidents; exact threshold and timeline specified in Me. DOE Ch. 33.
Annual MDOE reporting: schools must submit aggregate restraint/seclusion data annually (Me. DOE Ch. 33).