05-071-33 Me. Code R. § 8

Current through 2024-25, June 19, 2024

Section 071-33-8 - DOCUMENTATION; INCIDENT REPORT

1.Incident Report

An "incident" consists of all actions from the time a student begins to create a risk of harm to the time the student ceases to pose a risk of harm and returns their regular programming. See Sec. (2)(9).

A. Each use of physical restraint or seclusion must be documented in an incident report.

B. The incident report must be completed and provided to an administrator or designee;

1) as soon as practical after the incident,

2) and in all cases within two school days.

C. At a minimum, the incident report must include:

1) Student name;

2) Age, gender, grade;

3) Does the student have an Individualized Education or 504 Plan

4) Location of the incident;

5) Date of incident;

6) Date of report;

7) Person completing the report;

8) Beginning and ending time of each physical restraint and seclusion;

9) Incident start and end time;

10) Total time of incident;

11) Total number of uses of seclusion within the incident period;

i. Beginning and ending time of each use of seclusion within the incident period;

ii. A detailed description of each use of seclusion within the incident period;

12) Total number of uses of physical restraint within the incident period;

i. Beginning and ending time of each use of physical restraint within the incident period;

ii. A detailed description of each use of physical restraint within the incident period;

13) Description of prior events and circumstances;

14) Less restrictive interventions tried prior to the use of physical restraint or seclusion. If none used, explain why;

15) The student behavior that justified the use of physical restraint or seclusion;

16) A detailed description of the physical restraint or seclusion used;

17) The staff person(s) involved, their role in the use of physical restraint and/or seclusion and their certification, if any, in an approved training program;

17) Description of the incident, including the resolution and process of return to program, if appropriate;

18) Whether the Student has an:

a. IEP;

b. 504 plan;

c. behavior plan;

d. IHP; or

e. other plan;

19) If a student or staff sustained bodily injury, the date and time of nurse or response personnel notification and the treatment administered, if any;

20) If a staff member sustained bodily injury, the date and time of nurse or response personnel notification and the treatment administered, if any;

21) Date, time, and method of parent notification; and

22) Date, time of staff debriefing.

2.Incident Report Provided to Parents, others

A copy of the incident report must be provided, within 7 calendar days of the incident to:

a. The parent; and

b. If the student is receiving their education in an out-of-district placement through a tuition agreement or other agreement, the entity responsible for the student's education.

3.Duration of Incident

For purposes of this Section and Section 9, an "incident" consists of all actions between the time a student begins to create a risk of harm and the time the student ceases to pose a risk of harm and returns to his or her regular programming.

05-071 C.M.R. ch. 33, § 8