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Policy subcommittee adopts revised seclusion and restraint policy amid warnings about training and funding
Summary
The subcommittee approved a rewritten JKAA policy aligning district rules with new state regulations (603 CMR 46 and DESE guidance) after staff warned that required training, space and staffing are not yet funded and could increase the need for physical restraints.
The Hampden-Wilbraham Regional School District policy subcommittee voted May 19 to adopt a substantially rewritten seclusion and physical restraint policy (JKAA) that incorporates attorney-recommended edits and cites 603 CMR 46 and Department of Elementary and Secondary Education guidance.
Staff member said the changes respond to recent state regulatory revisions and that the proposed draft cites 603 CMR 46 in multiple places to align district policy with the new requirements. "We're getting much more restrictive regulations," the staff member said, noting the attorney reviewed and suggested specific modifications to the draft.
Members pressed staff on operational details. One committee member warned the new rules "are gonna cost us money" and argued the district lacks space, personnel and time to provide required training. "We're gonna be stealing from kids who aren't in the category to pay for the kids who are in the category," the committee member said, voicing concern about unfunded mandates.
District staff described practical constraints. A staff member said DESE has not yet released detailed training modules and that the district plans to provide required training on return to school next year. "Our responsibility is to provide training to staff prior to school starting," the staff member said, and added that guidance documents and training were not expected until July or August.
The subcommittee discussed whether limiting seclusion could unintentionally increase incidents requiring physical restraint. "This regulation is saying you can't do that anymore," a staff member said of older seclusion practices, adding that the district plans to increase availability of restraint‑trained staff next year.
Members asked about application in everyday classroom settings. A staff member explained that brief separation of a calm student for testing or to another part of a room would generally not be considered seclusion; however, when a student is dysregulated and perceives they cannot leave, that could meet the regulatory definition of seclusion.
The discussion also covered compliance risk and next steps. Staff noted a compliance review is upcoming and that failing to align policy with state regulations would require remedial action by DESE. One committee member said the subcommittee should pursue a resolution through the Massachusetts Association of School Committees to seek changes to the regulations, but also recognized the district must follow current rules while they remain in effect.
The subcommittee voted to accept JKAA as amended by the district's attorney and will forward the revision toward the full school committee process.
