Special Education Policy Memo SY2025-2026 — 1

Amendments to DESE's regulations at 603 CMR 46.00 and 603 CMR 18.00 (Use of Time-Out Practices)

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Purpose

The purpose of this Memorandum is to notify you of the recent amendments to the Department of Elementary and Secondary Education's (DESE) regulations at 603 CMR 46.00 and 603 CMR 18.00 related to the use of time-out practices approved by the Massachusetts Board of Elementary and Secondary Education (BESE) at its June 24, 2025, meeting. This memo outlines the key regulatory changes adopted during that meeting and information related to the implementation of the requirements.

Background

On March 18, 2025, DESE proposed amendments to 603 CMR 46.00 and 603 CMR 18.00 on the topic of time out practices to the BESE. The BESE voted to release the proposed amendments for public comment from March 25, 2025, through May 2, 2025. DESE reviewed the public feedback and proposed revised regulatory amendments to the BESE at its June 24, 2025, meeting. The BESE voted to adopt the proposed regulatory amendments effective August 17, 2026.

Summary of Approved Amendments

Below is a summary of the approved amendments to DESE's regulations at 603 CMR 46.00 and 603 CMR 18.00. In general, the amendments to 603 CMR 46.00 Prevention of Physical Restraint and Requirements are:

• Updated definition of seclusion in 603 CMR 46.02 to align more closely with the definition used by the U.S. Department of Education's Office for Civil Rights for data collection purposes.
• Updated definition of time-out to specifically include "in an unlocked setting from which the student is permitted to leave."
• Added requirements that any room or area used for time-out must be of appropriate size for the age and the needs of the student; appropriately lighted, ventilated, and heated or cooled, consistent with the remainder of the building; free of objects or fixtures that are inherently dangerous to the student; in compliance with any applicable local fire and building code requirements; and in compliance with any other standards listed by DESE in guidance.
• Added emergency circumstances under which a type of seclusion, where an adult is present and monitoring the student, may be used as a last resort and lists specific conditions that must be met before its use.
• Added various safeguards when such an emergency intervention is used, such as parental notification, conducting weekly and monthly reviews of data relating to the use of such an emergency intervention, and documenting and reporting such use to DESE.
• Simplified language in 603 CMR 46.07(2) for the purpose of clarifying the use of the emergency exception.

In general, the amendments to DESE's regulations at 603 CMR 18.00: Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs consist of:

• Require approved special education day programs, including the day component of special education residential programs, to comply with the updated version of 603 CMR 46.00.
• More closely align documentation requirements currently applicable to special education programs to the documentation requirements in the updated version of 603 CMR 46.

Implementation

Public schools and districts and special education day and residential programs are expected to fully implement the revised regulations by August 17, 2026. We recommend all schools, districts, and programs carefully review these amendments as soon as possible to determine if any practice changes are needed and, if so, develop updated practices and policies in advance of August 17, 2026. To assist, DESE is developing multi-year professional learning opportunities and funding supports to assist schools, districts, and programs implement any needed changes. These professional development opportunities and funding supports will be communicated in the near future so schools, districts, and programs can take advantage of them during the 2025-2026 school year in preparation for the August 2026 effective date.

Given the effective date of the regulatory amendments is August 17, 2026, DESE expects schools, districts, and programs will continue to implement the strategies delineated in the September 10, 2021, Memorandum entitled "Reducing or Eliminating the Use of Time-Out Rooms During the 2021-2022 School Year " until the regulatory amendments take effect and accompanying guidance is issued. If you have additional questions related to these regulatory amendments, please contact specialeducation@mass.gov .

Last Updated: July 15, 2025