Massachusetts Law on Physical Restraint

Massachusetts Education Regulation 603 CMR 46.00 governs the laws of physical restraint in public elementary and secondary education.

Purpose

The purpose of the regulation is "to ensure that every student participating in a Massachusetts public education program is free from unreasonable use of physical restraints." As a general rule, "physical restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution." The regulations require schools to develop written physical restraint procedures and to conduct in-depth staff training.

When Physical Restraints can be Used

Physical restraint can only be used if non-physical interventions would not be effective AND the student's behavior poses a threat of imminent, serious, physical harm to self and/or others. Physical restraint may NEVER be used as a form or punishment or as a response to property destruction, disruption of school order, a student's refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious, physical harm.

The major exception to these requirements is when restraint is administered to a student with a disability pursuant to IEP or other written plan to which student's parent or guardian has agreed.

Proper Administration of Physical Restraint

Restraint must only be administered by trained personal in the safest method available and appropriate for the situation. Restraint must never prevent student from speaking or breathing. Restraint must prevent or minimize physical harm. If, at any time during a physical restraint, the student demonstrates significant physical distress, the student must be released from the restraint immediately and school staff must seek medical assistance. Restraint must discontinue as soon as possible. Restraint lasting more than twenty minutes is considered an "extended restraint," which triggers additional reporting requirements.

Reporting Requirements

Physical restraint must be reported if it results in injury to a student or staff member or if the restraint lasts longer than five minutes. Parents and school administration must be verbally notified as soon as possible. School administration must a written report on the next school working day. Parents must receive a written report in three school working days. The regulations also describe the contents of the report. If the restraint resulted in serious injury to the student or staff or if the restraint lasted more than 20 minutes, the written report must be send to the Department of Elementary and Secondary Education within five school working days.

When to Contact an Attorney

If you believe your child has been improperly physically restrained or disagree with the school's decision to include physical restraint in your child's IEP or behavior plan, contact a special education attorney.