The purpose of this memorandum is to provide school districts, charter schools, educational collaboratives, approved special education schools, and other interested parties with information related to the documentation and reporting of the use of seclusion and emergency seclusion, including the Department's online Emergency Seclusion Reporting Form. The Department has developed a standard form to assist schools and programs with implementing the requirements in 603 Code of Massachusetts Regulations CMR 46.00 and 603 Code of Massachusetts Regulations CMR 18.00.
Beginning August 17, 2026, public education programs that use emergency seclusion must submit data using the Department's Emergency Seclusion Reporting Form in the security portal and in accordance with this and any additional guidance issued by the Department. Prior to August 17th, education leaders will be notified when the reporting tool becomes available and will receive written instructions on how to complete the requirements via the reporting tool.
While all programs are encouraged to report all incidents of seclusion in real time, the minimum requirement is to annually report and certify the data to the Department through the designated portal no later than June 30th each calendar year.
The exception to this annual timeline is when an emergency seclusion results in an injury to a student or program staff member. In those instances, the program shall submit a copy of the Emergency Seclusion Incident Report to the Department no later than three school-working days following the emergency seclusion.
In accordance with 603 Code of Massachusetts Regulations CMR 46.07(4), the Department will collect this data with the goal of reducing and eliminating the use of emergency seclusion in public education schools and programs.
In accordance with 603 Code of Massachusetts Regulations CMR 46.07, seclusion is prohibited except in an emergency situation as a last resort on an individual student basis and only when all requirements set forth in 603 Code of Massachusetts Regulations CMR 46.07(2) have been met. Any public education program that uses emergency seclusion is required to document and report its use in the manner specified by the Department.
Principals and program administrators are responsible for ensuring that all uses of emergency seclusion are documented in accordance with 603 Code of Massachusetts Regulations CMR 46.07 and, as applicable, 603 Code of Massachusetts Regulations CMR 18.05(5)(h). Programs must maintain documentation demonstrating compliance with all applicable regulatory requirements, including required documentation established in advance of its use, required parent notifications, required administrative reviews, and documentation regarding the circumstances surrounding each incident.
Documentation of all reported incidents of emergency seclusion, including formal incident reports, parent notifications, and records of any required reviews, must be maintained by the program. The principal shall maintain an ongoing record of all reported instances of emergency seclusion and ensure that records of required weekly and monthly reviews are maintained in accordance with 603 Code of Massachusetts Regulations CMR 46.07(3). Such documentation shall be made available for review by the Department or a parent upon request.
Similar to the Department's existing collection and review of restraint data pursuant to 603 Code of Massachusetts Regulations CMR 46.06(8), the collection of emergency seclusion data will support statewide monitoring, oversight, and implementation of the regulatory requirements.
Additional guidance on implementation of the new regulations can be found at this document: Time-Out Practices: Guidance on the Implementation of Regulatory Amendments to 603 CMR 46.00 and 603 CMR 18.00 . If you have additional questions related to these requirements, please contact the Department at specialeducation@mass.gov .
Last Updated: June 25, 2026