Proposed Amendments to Regulations on Safety Standards and Physical Restraint (Use of Time-Out Practices)- Public Comment 2025

Public comment on the Regulations regarding Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs and Prevention of Physical Restraint and Requirements If Used may be submitted by completing the form below, by emailing the address below, or by submitting written comment via mail to: Regulations Public Comment, c/o Commissioner’s Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149. The deadline to submit public comment is May 2, 2025 at 5:00 pm. The Board is expected to vote on the proposed amendments at its regular monthly meeting scheduled for June 24, 2025.

Key Information:

Regulatory Authority: M.G.L. c. 69, § 1B, M.G.L. c. 71, § 37G(c), and M.G.L. c. 71B, §10
Summary of Proposed Amendments: In summary, the proposed amendments to 603 CMR 46.00 update the definitions of seclusion and time-out, add requirements for any room or area that is used for time-out, add emergency circumstances under which a type of seclusion may be used as a last resort, and build in various safeguards when such an emergency intervention is used. The proposed amendments also include a provision that any schools or programs that utilize such an emergency intervention must examine alternatives and strategies for reducing and eliminating its use no later than 3 years from the effective date of the proposed regulations In summary, the proposed amendments to 603 CMR 18.00 require approved special education day programs to comply with the updated version of 603 CMR 46.00 and more closely align documentation requirements currently applicable to special education programs to the proposed documentation requirements in the updated version of 603 CMR 46.00.
Email Address to Submit Public Comment or Questions: specialeducation@mass.gov
Public Comment Deadline: May 2, 2025 at 5:00 p.m.
Anticipated Board Vote: June 24, 2025

1. Contact information *This question is required.

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2. Please indicate your role(s)

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3. Organization/Affiliation (if applicable)

4. Who are you submitting on behalf of?

5. Please write any comments regarding the proposed amendments to section 18.05:  “Required Policies and Procedures”

6. Please write any comments regarding the proposed amendments to section 18.06:  “Effective Date "

7. Please write any comments regarding the proposed amendments to section 46.02: “Definitions”

8. Please write any comments regarding the proposed amendments to section 46.03: “Use of Restraint”

9. Please write any comments regarding the proposed amendment to section 46.04: “Policy and Procedures; Training”

10. Please write any comments regarding the proposed amendments to section 46.06: “Reporting Requirements"

11. Please write any comments regarding the proposed addition of section 46.07: "Safeguards"

12. Please write any comments regarding the proposed addition of section 46.08: "Implementation"

13. Please write your comments regarding the proposed amendments overall.

14. If you have any other comments on any other aspects of the proposed regulations changes, please write them here.

15. If you would like to provide any supporting documentation, please upload it here.

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