Statutes, codes, and regulations
Maine Administrative Code
Department 05 - DEPARTMENT OF EDUCATIONDivision 071 - EDUCATION - GENERAL
Chapter 33 - RULE GOVERNING PHYSICAL RESTRAINT AND SECLUSION
Section 071-33-10 - CUMULATIVE REPORTING

05-071-33 Me. Code R. § 10

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Current through 2024-44, October 30, 2024
Section 071-33-10 - CUMULATIVE REPORTING
1.Building level reporting, and analysis

A cumulative report by building must be made to the superintendent or chief administrator on a quarterly and annual basis to include:

A. Seclusion:
1) total number of incidents see Sec. (2)(9) that include the use of seclusion;
2) the aggregate number of uses of seclusion; 20-A M.R.S.A. §4014(3)(B)
3) the aggregate number of students placed in seclusion; 20-A M.R.S.A. §4014(3)(D)
4) the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701et seq. placed in seclusion; 20-A M.R.S.A. §4014(3)(F)
5) the aggregate number of serious physical injuries to students related to seclusion; 20- A M.R.S.A. §4014(3)(H)
6) the aggregate number of serious physical injuries to staff related to seclusion; 20-A M.R.S.A. §4014(3)(J)
B. Physical Restraint
1) total number of incidents see Sec. (2)(9) that include the use of physical restraints;
2) the aggregate number of uses of physical restraint; 20-A M.R.S.A. §4014(3)(A)
3) the aggregate number of students placed in physical restraint; 20-A M.R.S.A. §4014(3)(C)
4) the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701et seq. placed in physical restraints; 20-A M.R.S.A. §4014(3)(E)
5) the aggregate number of serious physical injuries to students related to physical restraint; 20-A M.R.S.A. §4014(3)(G)
6) the aggregate number of serious physical injuries to staff related to physical restraint; 20-A M.R.S.A. §4014(3)(I)
7) aggregate number of uses of physical restraint;
8) aggregate number of students placed in physical restraint;
9) aggregate number of uses of seclusion;
10) aggregate number of students placed in seclusion;
11) aggregate number of serious bodily injuries to students related to the use of restraint and seclusions; and
12) aggregate number of serious bodily injuries to staff related to physical restraint and seclusion.
C. The superintendent or chief administrator shall review cumulative reports received as set forth in this section and identify those areas that can be addressed to reduce the future use of physical restraint and seclusion. These cumulative reports may be requested by the Department of Education at any time.
2.District-level reporting and analysis Reporting Data to the Department of Education

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: 20-A M.R.S.A. §4014(3)

A. Seclusion:
1) total number of incidents see Sec. (2)(9) that include the use of seclusion;
2) the aggregate number of uses of seclusion; 20-A M.R.S.A. §4014(3)(B)
3) the aggregate number of students placed in seclusion; 20-A M.R.S.A. §4014(3)(D)
4) the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701et seq. placed in seclusion; 20-A M.R.S.A. §4014(3)(F)
5) the aggregate number of serious physical injuries to students related to seclusion; 20- A M.R.S.A. §4014(3)(H)
6) the aggregate number of serious physical injuries to staff related to seclusion; 20-A M.R.S.A. §4014(3)(J)
B. Physical Restraint
1) total number of incidents see Sec. (2)(9) that include the use of physical restraints;
2) the aggregate number of uses of physical restraint; 20-A M.R.S.A. §4014(3)(A)
3) the aggregate number of students placed in physical restraint; 20-A M.R.S.A. §4014(3)(C)
4) the aggregate number of students with disabilities and an individualized education program under the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401et seq. (2015) or a plan pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 701et seq. placed in physical restraints; 20-A M.R.S.A. §4014(3)(E)
5) the aggregate number of serious physical injuries to students related to physical restraint; 20-A M.R.S.A. §4014(3)(G)
6) the aggregate number of serious physical injuries to staff related to physical restraint; 20-A M.R.S.A. §4014(3)(I)
C. Each covered entity shall submit to the Department of Education an annual report of the incidence of physical restraint and seclusion that must include:
1) aggregate number of uses of physical restraint;
2) aggregate number of students placed in physical restraint;
3) aggregate number of uses of seclusion;
4) aggregate number of students in placed in seclusion;
5) aggregate number of serious bodily injuries to students related to physical restraint and seclusion; and
6) aggregate number of serious bodily injuries to staff related to physical restraint and seclusion.

05-071 C.M.R. ch. 33, § 10