Committee reviews rule changes on physical restraint and seclusion; DOE and educators urge monitoring
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Summary
LD 2172 would put two Department of Education rule updates into legislative review (removal of 'voluntary' from escort definition and a revised definition of serious physical injury). DOE testified the rules mirror statute changes from the prior session; educators asked for clearer data‑collection standards and the DOE was asked to deliver implementation feedback before the rule becomes final.
The Education Committee took testimony on LD 2172, a legislative review of Department of Education rule changes governing physical restraint and seclusion in schools. Representative Holly Sargent explained the rule amendments implement statutory changes adopted last session; the key edits remove the word "voluntary" from the definition of physical escort and revise the definition of "serious physical injury" to hinge on whether a medical practitioner — including a school nurse — must evaluate or treat the person.
Dr. Laura Cyr of the Department of Education said the rules are identical to the language passed by the Legislature and flagged a small typo in her written testimony, noting simply that "Voluntary should be struck." She added the Department did not use emergency rulemaking and that the rulemaking included a full comment period and public hearing; DOE received no comments specifically about these two definition updates during the rulemaking window.
Public witnesses and educators pressed for clarity about data collection and when an escort crosses the threshold into reportable restraint. Nancy Cronin urged clearer documentation standards, asking, "When does a physical escort become a physical restraint?" The Maine Education Association, represented remotely by John Kosinski, said it had received no complaints from educators about the law's implementation but recommended ongoing monitoring and the report to the Legislature that is required by the statute (a mandated 2029 report on restraint and seclusion data).
Committee members asked DOE to provide additional practitioner feedback and to prepare details for the work session on how implementation is proceeding and what data will be collected for the required report due before the rule sunset in 2029.