05-071-33 Me. Code R. § 5

Current through 2024-25, June 19, 2024

Section 071-33-5 - SECLUSION

1.Permitted uses of 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 seclusion only if:20-A M.R.S.A.§ 4014(2)

A. Seclusion may be used only as an emergency intervention when

B. The behavior of a student's behavior poses an imminent danger of serious physical injury to the student or another person; 20-A M.R.S.A.§ 4014(2)(A) presents a risk of injury or harm to the student or others, and

C. only after Less restrictive interventions would be ineffective in stopping imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A.§ 4014(2)(B) other less intrusive interventions have failed or been deemed inappropriate.

D. The seclusion ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person. 20-A M.R.S.A.§ 4014(2)(C)

1) See Sec. (5)(4) "Termination of Seclusion"

E. The least amount of force necessary is used to protect the student or another person from imminent danger of serious physical injury. 20-A M.R.S.A.§ 4014(2)(D)

F. Seclusion must be implemented by staff certified in a state-approved training program to the extent possible. If, due to the nature of the emergency, untrained staff have intervened and initiated a seclusion, trained personnel must be summoned to the scene and assume control of the situation as rapidly as possible.

2.Prohibited uses of Unlawful seclusion

A. Seclusion may not be used for punitive purposes, staff convenience or to control challenging behavior

B. Seclusion may not be used to prevent property destruction or disruption of the environment in the absence of an imminent risk of serious physical injury to the student or another person or injury or harm to self or others.

C. Seclusion may not be used as a therapeutic or educational intervention.

D. Seclusion may not take place in a locked room.

E. 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)

3.Monitoring of a student in seclusion

A. At least one adult must be physically present to continuously monitor a student in seclusion. The adult, while not present in the room or defined area, must be situated so that the student is visible at all times.

B. Students must be continuously monitored until the student no longer presents a risk of serious physical injury to the student or another person or injury or harm to self or others.

C. In the event of an injury to the student or staff, the local policy for emergency response must be initiated.

4.Termination of seclusion

The staff involved in the use of seclusion shall continually assess for signs that the student is no longer presenting an imminent risk of serious physical injury to themselves or another person.

A. The seclusion ends immediately upon the cessation of imminent danger of serious physical injury to the student or another person 20-A M.R.S.A.§ 4014(2)(C) injury or harm to self or others, and the seclusion must be discontinued as soon as possible.

B. Time must be recorded consistent with the requirements of the documentation section of this rule and local policy.

C. The covered entity may request assistance from parents at any time during the incident.

D. If attempts to release from seclusion have been unsuccessful and a student is still presenting behaviors that create a risk of serious physical injury to themselves or another person, injury or harm to self or others, then the covered entity may request assistance from outside sources such as caregivers, case managers, crisis intervention teams, local EMS, or other community resources.

E. If seclusion continues for more than 10 minutes, an administrator or designee shall determine whether there continues to be a risk of serious physical injury to the student or another person, and if so, continued seclusion is warranted, and shall continue to monitor the status of the seclusion every 10 minutes until the seclusion is terminated

5.Location of seclusion

Seclusion as defined in Sec. (2)(20), can be achieved may occur in any part of a school's building or premises, with adequate light, heat, ventilation and of normal room height.

A. If a specific room is designated as a seclusion room, it must meet all of the following conditions:

1) Be a minimum of 60 square feet; with

2) Have adequate light, heat, ventilation;

3) Be of normal room height;

4) Contain an unbreakable observation window in a wall or door; and

5) Be free of hazardous material and objects with which a student could self-inflict bodily injury.

05-071 C.M.R. ch. 33, § 5