05-071-33 Me. Code R. § 2

Current through 2024-44, October 30, 2024

Section 071-33-2 - DEFINITIONS

1.Aversive procedure means the use of a substance or stimulus, intended to modify behavior, which the person administering it knows or should know is likely to cause physical and/or emotional trauma to a student, even when the substance or stimulus appears to be pleasant or neutral to others. Such substances and stimuli include but are not limited to: infliction of bodily pain, (e.g. hitting, pinching, slapping), water spray, noxious fumes, extreme physical exercise, costumes, or signs.

2.Behavior Intervention Plan (BIP) is a comprehensive plan for managing problem behavior by changing or removing contextual factors that trigger or maintain it, and by strengthening replacement skills.

3.Chemical Restraint means a drug or medication that is not prescribed as the standard treatment of a student's medical or psychiatric condition by a licensed physician or other qualified health professional acting under the scope of the professional's authority under state law that is used on a student to control behavior or restrict freedom of movement. 20-A M.R.S.A.§4014(1)(A).Chemical Restraint is the use of medication, including those administered PRN (as needed), given involuntarily to control student behavior.

A. Under this rule, the following is not considered unlawful restraint and does not require an incident report:

1) Prescribed medications, for the standard treatment of a student's medical or psychiatric condition, by a licensed physician or other qualified health professional; when administered by a health care provider, and consistent with a student's health care plan.

4.Covered Entity means an entity that owns, operates, or controls a school or educational program that receives public funds from the department, including, but not limited to, public schools, public regional programs, public charter schools, private schools, private schools approved for tuition purposes, special purpose private schools, career and technical education programs, public prekindergarten programs, and providers of services pursuant to the provisions of the federal Individuals with Disabilities Education Act, Parts B and C, 20 United States Code, Section 1401et seq. (2015). 20-A M.R.S.A.§4014(1)(B) means an entity that owns, operates or controls a school or educational program that receives public funds from the Maine Department of Education including, but not limited to: public schools, public regional programs, public charter schools, private schools, publicly supported private schools, special purpose private schools, Career and Technical Education schools, public pre-kindergarten, and Child Development Services (CDS).

5.Deflection is an intervention where the movement of a student is momentarily diverted because the student's movement would be harmful or dangerous to the student or others.

6.De-escalation is the use of behavior management techniques intended to cause a situation involving problem behavior of a student to become more controlled, calm, regulated and less dangerous, thus reducing the risk for injury or harm.

7.Dangerous Behavior is behavior that presents a risk of injury or harm to a student or others.

8.Emergency is a sudden, urgent occurrence, usually unexpected but sometimes anticipated, that requires immediate action.

9.Functional Behavioral Assessment (FBA) is a school-based process that includes the parent and, as appropriate, the child, to determine why a child engages in challenging behaviors and how the behavior relates to the child's environment. The term includes direct assessments, indirect assessments and data analysis designed to assist the team to identify and define the problem behavior in concrete terms, identify the contextual factors (including affective and cognitive factors) that contribute to the behavior, and formulate a hypothesis regarding the general conditions under which a behavior usually occurs and the probable consequences that maintain the behavior. Formal documentation of the assessment by appropriately qualified individuals becomes part of the child's educational record.

10.Risk of injury or harm Imminent danger describes a situation in which a student has:

A. the means to cause physical harm or injury to self or others; and

B. such injury or harm is likely to occur; such that a reasonable and prudent person would take steps to protect the student and others against the risk of such injury or harm.

11.Incident means all actions from the time a student's behavior begins to create a risk of harm, to the time the student ceases to pose a risk of harm and returns to their regular programming.

12.Individualized Education Plan (IEP) is a term used under special education law to reference the written document that states goals, objectives and services for students receiving special education.

13.Individual Health Plan (IHP) is a plan of action for a student with special health care needs, actual and potential. It is an adaptation of the nursing care plans commonly used in health care institutions.

14.Mechanical Restraint means the use of a device to restrict a student's freedom of movement. 20-A M.R.S.A.§4014(1)(C) which cannot be removed by the student, and/or is not used intentionally as medically prescribed a. Under this rule, the following are not considered unlawful restraint, and do not require an incident report:

i. The use of vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; 20-A M.R.S.A.§4014(1)(I)

ii. Adaptive devices or mechanical supports, employed to achieve proper body position, balance or alignment to allow greater freedom of movement than would be possible without the use of such devices or supports. 20-A M.R.S.A.§4014(1)(I) The use of prescribed equipment or device must be:

1. Part of a treatment plan, as prescribed by a licensed health care provider.

2. Supervised by a qualified and trained individual in accordance with professional standards.

15.Parent means a parent, as defined in Title 20-A M.R.S.A. section1, subsection 20, with legal custody of a minor child, except that the "parent" of a child with disabilities means a parent as defined in the federal Individual with Disabilities Education Act, 20 United States Code, Section 1401 (23).

16.Physical escort means the temporary, voluntary touching or holding of the hand, wrist, arm, shoulder, or back to induce a student to walk to a safe location. 20-A M.R.S.A.§4014(1)(D) is temporary touching or holding for the purpose of inducing a student to walk to another location, including assisting the student to the student's feet in order to be escorted.

17.Physical prompt means a teaching technique that involves voluntary physical contact with a student that enables the student to learn or model the physical movement necessary for the development of a desired competency 20-A M.R.S.A.§4014(1)(E) is a teaching technique that involves physical contact with the student and that enables the student to learn or model the physical movement necessary for the development of the desired competency.

18.Physical Restraint means a personal restriction that immobilizes or reduces the ability of a student to move the arms, legs, or head freely. 20-A M.R.S.A.§4014(1)(F) is an intervention that restricts a student's freedom of movement or normal access to his or her body and includes physically moving a student who has not moved voluntarily.

A. The following are not considered physical restraint: does not include:

1) Mechanical restraint as defined in Sec. (2)(12); 20-A M.R.S.A.§4014(1)(F)

2) Chemical restraint as defined in Sec. (2)(3); 20-A M.R.S.A.§4014(1)(F)

3) Physical prompt as defined in Sec. (2)(15); 20-A M.R.S.A.§4014(1)(F)

4) Physical escort as defined in Sec. (2)(14); 20-A M.R.S.A.§4014(1)(F)

5) Physical contact when the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact;

6) Protective physical interventions as defined in Sec. (2)(18) Deflection as defined in Sec. (2)5 Momentarily deflecting the movement of a student when the student's movement would be, harmful or dangerous to the student or to others;

7) The use of seat belts, safety belts or similar passenger restraint, when used as intended, during the transportation of a child in a motor vehicle; or

8) The use of a medically prescribed harness, when used as intended; or

9) A brief period of physical contact necessary to break up a fight.

19.Positive alternatives are a set of instructional and environmental supports to teach students pro-social alternatives to problem behaviors with high rates of positive feedback.

20.Protective physical interventions are used when a student's actions would be harmful to themselves or others, and involve physical contacts that serve to deflect, block, or redirect the student's action or disengage from a student's inappropriate grip, but from which the student could move freely away.

21.School Day is a day in which a school or program is in operation as an instructional day and/or a teacher in-service day.

22.Seclusion means the involuntary isolation or confinement of a student alone in a room or clearly defined area from which the student does not feel free to go or is physically denied exit. "Seclusion" does not include a timeout as defined in Sec. (2)(25). 20-A M.R.S.A.§4014(1)(G) is the involuntary confinement of a student alone in a room or clearly defined area from which the student is physically prevented from leaving. Seclusion is not timeout.

23.Section 504 Plan refers to a written plan of modifications and accommodations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

24.Serious bodily injury is any bodily injury that involves:

A. A substantial risk of death;

B. Extreme physical pain;

C. Protracted and obvious disfigurement; or

D. Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

25.Serious physical injury is any impairment of the physical condition of a person, whether self-inflicted or inflicted by someone else, that is beyond the care of routine first aid, and should require a medical practitioner to evaluate and/or to treat the victim.

26.Student is a child or adult aged 3 to 2022, enrolled in a school or a program owned, operated or controlled by a covered entity as defined in this section

27.Timeout is an intervention where a student requests, or complies with an adult request for a break, and is not covered by this rule. Timeout, as defined here, is not seclusion 20-A M.R.S.A.§4014(1)(H).

28."Unlawful restraint or seclusion" means:

A. Mechanical restraint, 20-A M.R.S.A.§4014(1)(I)(1) as defined in Sec. (2)(12);

B. Chemical restraint, 20-A M.R.S.A.§4014(1)(I)(2) as defined in Sec. (2)(3);

C. Physical restraint or physical escort that is life-threatening, restricts breathing or blood flow to the brain, including prone restraint; or 20-A M.R.S.A.§4014(1)(I)(3)

D. Physical restraint or seclusion that is contraindicated based on Title 34-B, section 3003 or section 15002 or the student's disability or health care needs or medical or psychiatric condition as documented in: 20-A M.R.S.A.§4014(1)(I)(4)

1) A health care directive or medical management plan; 20-A M.R.S.A.§4014(1)(I)(4)(a)

2) A behavior intervention plan; 20-A M.R.S.A.§4014(1)(I)(4)(b)

3) An individual education plan or an individual family service plan, as defined in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401et seq. (2015); or 20-A M.R.S.A.§4014(1)(I)(4)(c)

4) A plan developed pursuant to the federal Rehabilitation Act of 1973, 29 United States Code, Section 794 (2015) or the federal Americans with Disabilities Act of 1990, Title II, 42 United States Code, Section 12131et seq. (2009). 20-A M.R.S.A.§4014(1)(I)(4)(d)

29. Voluntary means that a student cooperates with a request, independent of staff using physical force for the purpose of overcoming a student's resistance.

05-071 C.M.R. ch. 33, § 2