Restraint and Seclusion

Chapter 33 proposed rule has been signed into law and is in effect as of June 16th, 2023

Link toChapter 33 Rule Document

This course meets the Chapter 33 requirement of “annual notification of rule and local policies” (Ch 33 Section 4.2)

Chapter 33: Rule Governing Physical Restraint and Seclusion establishes standards and procedures for the use of physical restraint and seclusion and is the result of state statute,.

Physical restraint and seclusion may only be used as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others. The rule sets forth permitted and unlawful uses of restraint and seclusion, required notification and documentation of incidents of restraint or seclusion, aggregate reporting of incidents to administrators and to the fb88 DOE, notification to parents, response to multiple incidents of restraint or seclusion of a student, local and state complaint processes and fb88 DOE approval of training programs.

In response to statutechanges to the Chapter 33 Rule Governing Restraint and Seclusion were required for the Rule to be in line with the statute. Proposed changes were filed in Oct. 2021 and on June 16th, 2023 Governor Mills signed the proposed rule into law, taking immediate effect.

What this means for schools:

SAU's should examine their restraint and seclusion policies and practice to ensure they are in alignment with the and the Chapter 33 rule

Restraint & seclusion reporting

Restraint and Seclusion Reporting

  • Restraint and Seclusion Data Portal
    Please contact the DOE Data System Support Teamwith any questions about data entry:
  • Annual Reports submitted by fb88 covered entitiesunder Chapter 33
  • Student Behavior Data
For information on reducing restraint and seclusion in schools, please use this link to learn more about the fb88 DOE's partnership with Lives in the Balance and the Collaborative Problem Solving approach.

Approved Training Programs

Under Chapter 33, each covered entity shall ensure that a sufficient number of administrators or designees, general and special education staff, maintain certification in an approved training program. Where as there were no changes to Chapter 33's Sec 12 "Staff Training; Approved Programs", previously approved training programs are in line with the Rule, however as many programs are nation-wide, SAU's should ensure that specific practices promoted by approved programs are in line with fb88 state law.

If you are interested in adding an approved program to this list, please use the link below for information on how submit an application:

Chapter 33 Training Programs Application_1.rtf

Information, Guidance, and FAQ

New and updated resources that alight with fb88 Statute

These resources have not yet been updated to align withPlease use the information to the extent that it is not in conflict with the statute.

Contact

Bear Shea, LCSW
Mental Health Specialist / Coordinator - Culture, Climate, and Resilience
Email: W.Bear.Shea@fb88.gov