In 2001, the Massachusetts Department of Elementary and Secondary Education (then known as the Massachusetts Department of Education) promulgated regulations concerning the use of physical restraints on students. 603 CMR 46.01. The stated purpose of the regulations was to “ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint.” The introductory language to the regulations continued: “Physical restraint shall be used only in emergency situations after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution.” The regulations addressed the use of physical and mechanical restraints, the prohibition of “seclusion restraints,” the training of school staff in the use of restraints, and the requisite reporting of the administration of restraints to school administration and families. Continue reading
Category Archives: Discipline
Developments in Discipline: a Federal Alert on Discrimination and a New Massachusetts Statute
Parents and advocates should take note of several important recent developments concerning how schools manage students’ behavior. We post this note to direct attention to some of the more important developments, each of which involves complex and detailed information worthy of more extensive study and discussion as their consequences unfold. Of most immediate concern is the third item discussed in this post, since it invites readers to consider submitting comments to DESE by March 7 on proposed regulations to govern school discipline policies and practice. We begin, though, by describing a federal publication that highlights the context within which those policies will be applied, noting some of the issues and concerns that give rise to the need for thoughtful and systematic attention to the way in which students, with or without disabilities, are handled when they misbehave. Continue reading