Education Laws and Regulations

603 CMR 46.00

Prevention of Physical Restraint and Requirements If Used

Section:


Most Recently Amended by the Board of Elementary and Secondary Education, June 2025. Effective August 17, 2026.

46.07: Safeguards

(1) Any room or area used for time-out must be:

  1. (a) Clean, safe, and sanitary;

  2. (b) Appropriate for the purpose of calming the student served, including but not limited to being of appropriate size for the age and the needs of the student;

  3. (c) Appropriately lighted, ventilated, and heated or cooled, consistent with the remainder of the building;

  4. (d) Free of objects or fixtures that are inherently dangerous to the student;

  5. (e) In compliance with any applicable local fire and building code requirements; and

  6. (f) In compliance with any other standards listed by the Department in guidance.

(2) Seclusion shall be prohibited in a public education program except in an emergency situation as a last resort on an individual student basis, where a student's behavior poses an imminent threat of assault, or imminent serious physical harm to self or others, but only if:

  1. (a) The student has a documented history of repeatedly causing serious self-injuries and/or injuries to other students or staff;

  2. (b) The student is not responsive to directives or other lawful and less intrusive behavior interventions, or such interventions are deemed to be inappropriate under the circumstances;

  3. (c) Other forms of intervention have failed to ensure the safety of the student and/or the safety of others;

  4. (d) There are no medical contraindications as documented by a licensed physician;

  5. (e) There is psychological or behavioral justification for the use and there are no psychological or behavioral contraindications, as documented by a licensed mental health professional;

  6. (f) The program has obtained consent to use it in an emergency situation as set forth in 603 CMR 46.07(2) from the student's parent and, if appropriate, the student, and such use has been approved in writing by the principal;

  7. (g) Any individual using it has received training about alternative behavior interventions and management techniques;

  8. (h) The program has documented compliance with 603 CMR 46.07(2)(a) and (d) through (g) in advance of its use and maintains the documentation;

  9. (i) At all times during the emergency, a staff member is continuously and actively monitoring and observing the student and is immediately available to the student;

  10. (j) The student is observable in all parts of the room or area being used;

  11. (k) The staff member is continuing to use de-escalation and calming strategies with the student unless it is unsafe or counterproductive for the purposes of calming the student;

  12. (l) It is not used as a means of discipline or punishment or as a standard response for any individual student's actions that do not constitute an imminent threat of assault, or imminent serious physical harm to self or others;

  13. (m) It is used only in an emergency situation of last resort and its use ceases as soon as the student's behavior no longer poses a threat of assault or immediate serious physical harm to the student or others, or if the student is observed to be in severe distress, such as having difficulty breathing; and

  14. (n) Any room or space used for the purposes of the emergency intervention described in 603 CMR 46.07(2) must meet the requirements listed in 603 CMR 46.07(1) and must be inspected by the public program for compliance with such requirements at a minimum of one time per week during which the room or area is used.

(3) Any public education program that uses the emergency intervention described in 603 CMR 46.07(2) must adopt and follow a procedure for:

  1. (a) obtaining the approval of the principal if such an emergency intervention is used for a period longer than 30 minutes;

  2. (b) making reasonable efforts to notify a parent of its use with a student within the same timelines and in the same manner as described in 603 CMR 46.06(3) and (4);

  3. (c) verbally informing the principal of its use as soon as possible, and by written report no later than the next school working day. The written report shall be provided to the principal for review of the use of the emergency intervention. If the principal used the emergency intervention, the principal shall prepare the report and submit it to an individual or team designated by the superintendent or board of trustees for review. The principal shall maintain an ongoing record of all reported instances of the use of such emergency intervention;

  4. (d) conducting a weekly review of the data to identify students with whom such an emergency intervention has been used multiple times during the week, in a manner consistent with 603 CMR 46.06(5). If such students are identified, the principal shall convene one or more review teams as the principal deems appropriate to assess each student's progress and needs;

  5. (e) conducting a monthly review of school-wide data relating to use of such an emergency intervention, in a manner consistent with 603 CMR 46.06(6);

  6. (f) examining and adopting alternatives and strategies for reducing and eliminating its use no later than 3 years from the date of effectiveness in 603 CMR 46.08; and

  7. (g) reporting such use to the Department in a manner, form, and with frequency specified by the Department.

(4) The Department shall collect the data reported pursuant to 603 CMR 46.07(3)(g) with the goal of reducing and eliminating the use of such emergency interventions in public education programs.

(5) No written individual behavior plan or IEP may include use of seclusion as a standard response to any behavior.

Disclaimer:
For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore .

Last Updated: July 10, 2025

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