Representing Children and Families in Massachusetts in
Education, Special Education, and School Law Issues,
Personal Injury Representation, and Criminal Law
242 Wareham Road
Marion , MA 02738
ph: 508-748-2362
fax: 508-748-6836
mwturner
The massachusetts Regulations as the use of physical restraints in school is found at:
603 CMR 46.00
The purpose of 603 CMR 46.00 is to ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint. 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:
(a) 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
(b) To prevent or minimize any harm to the student as a result of the use of physical restraint.
Public education programs shall develop written procedures regarding appropriate responses to student behavior that may require immediate intervention. Such procedures shall be annually reviewed and provided to school staff and made available to parents of enrolled students. Such procedures shall include, but not be limited to:
(a) Methods for preventing student violence, self-injurious behavior, and suicide, including de-escalation of potentially dangerous behavior occurring among groups of students or with an individual student;
(b) A school policy regarding restraint that provides a description and explanation of the school's or program's method of physical restraint, a description of the school's or program's training requirements, reporting requirements and follow-up procedures, and a procedure for receiving and investigating complaints regarding restraint practices.
Physical restraint may be used only in the following circumstances:
(a) Non-physical interventions would not be effective; and
(b) The student's behavior poses a threat of imminent, serious, physical harm to self and/or others.
Only school personnel who have received training pursuant to 603 CMR 46.03(2) or 603 CMR 46.03(3) shall administer physical restraint on students. Whenever possible, the administration of a restraint shall be witnessed by at least one adult who does not participate in the restraint. The training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm.
Restraints can happen to any special needs child for all the wrong reasons and some times you will never be told. The more needy the child the more often it can happen. No child is immune.
Restraint rooms or seclusion rooms are also used when the aid or teacher is poorly trained to dump a difficult child. The school believes they have and absolute right to place children in these situation rooms, to the childs detriment.
There are other options available to you,
Placement in a program that cares,
Demand a change of staff,
Demand that the restraints be filmed.
This is your child and you actually have a right to see that your child is not abused by the very institution that is suppose to provide effective services.
If this is happing to your child call us.
508-748-2362
Copyright 2012 Michael W Turner Attorney at Law. All rights reserved.
242 Wareham Road
Marion , MA 02738
ph: 508-748-2362
fax: 508-748-6836
mwturner