Assessment/Accountability
Program Quality Assurance Services
Compliance and Monitoring

Physical Restraint: Reporting Requirements
603 CMR 46.00

Dear Colleagues:

It is the Department's goal to work in partnership with local educational agencies to ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint. This is the central purpose of the Massachusetts Board of Education Regulations on physical restraint [603 CMR 46.00]. Physical restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution. School personnel shall use physical restraint with two goals in mind:

• to administer a physical restraint only when needed to protect a student and/or a member of the school community from imminent, serious, physical harm; and
• to prevent or minimize any harm to the student as a result of the use of physical restraint.

School personnel and parents should refer to the full text of these regulations on the Department's Web site at http://www.doe.mass.edu/lawsregs/603cmr46.html. Also, the Department's overview presentation of these requirements may be found at http://www.doe.mass.edu/lawsregs/603cmr46.pps. This presentation may be used to facilitate the ongoing local staff training requirements included in these regulations.

The regulations require verbal and written reports of certain types of restraint. The attached report form developed by the Department of Elementary and Secondary Education may be used in meeting the local written reporting requirements and must be used when Department of Elementary and Secondary Education notice is required by the regulations.

The regulations require that a report [603 CMR 46.06(5)] be filed with the Department of Elementary and Secondary Education within five (5) school working days of the administration of the restraint in one or both of the following instances:

• when a restraint has resulted in a serious injury (requiring emergency medical intervention) to a student or program staff member; and/or
• when a restraint lasting for more than twenty (20) minutes (an "extended restraint") has been administered.

The program shall also provide the Department with a copy of the record of physical restraints maintained by the program administrator pursuant to 603 CMR 46.06(2) for the thirty (30) calendar day period prior to the date of a reported restraint.

Department of Elementary and Secondary Education staff will determine if additional action on the part of your program is warranted and, if so, will notify you of these required actions within thirty calendar days of receipt of the required written report(s).

* Using the attached form | , please submit any required Department of Elementary and Secondary Education Report of Physical Restraint to:

Administrator, Program Quality Assurance Services
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street
Malden, MA 02148
Phone: (781) 338-3700
Fax: (781) 338-3710

Please count on our assistance as you implement these important requirements.

Sincerely,

David P. Driscoll
Commissioner of Education