Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1248H.P. 823House of Representatives, March 25, 2025 An Act Regarding Physical Escort and Restraint and Seclusion of Students in Schools Reference to the Committee on Education and Cultural Affairs suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative SARGENT of York. Cosponsored by Senator NANGLE of Cumberland and Representatives: CROCKETT of Portland, FROST of Belgrade, HAGGAN of Hampden, HEPLER of Woolwich, RAY of Lincolnville, SHAGOURY of Hallowell, SINCLAIR of Bath, TUELL of East Machias. Page 1 - 132LR1814(01) 1 2 as enacted by PL 2021, c. 453, §1, is 3 amended to read: 4 D. "Physical escort" means the temporary, voluntary touching or holding of the hand, 5 wrist, arm, shoulder or back to induce a student to walk to a safe location. 6 as enacted by PL 2021, c. 453, §1, is amended 7 to read: 8 9 10 subject a student to unlawful restraint or seclusion. A covered entity may use physical 11 restraint or seclusion only if: 12 A. The student's behavior poses an imminent danger of serious physical injury to the 13 student or another person; 14 B. Less restrictive interventions would be ineffective in stopping imminent danger of 15 serious physical injury to the student or another person; 16 C. The physical restraint or seclusion ends immediately upon the cessation of 17 imminent danger of serious physical injury to the student or another person; and 18 D. The least amount of force necessary is used to protect the student or another person 19 from imminent danger of serious physical injury. 20 as enacted by PL 2021, c. 453, §1, is 21 amended to read: 22 G. The aggregate number of serious physical injuries to students related to physical 23 restraint; 24 as enacted by PL 2021, c. 453, §1, is 25 amended to read: 26 H. The aggregate number of serious physical injuries to students related to seclusion; 27 as enacted by PL 2021, c. 453, §1, is 28 amended to read: 29 I. The aggregate number of serious physical injuries to staff related to physical 30 restraint; and 31 as enacted by PL 2021, c. 453, §1, is 32 amended to read: 33 J. The aggregate number of serious physical injuries to staff related to seclusion. 34 35 This bill amends the definition of "physical escort" in the law regarding physical 36 restraint and seclusion in educational settings to provide that the temporary touching or 37 holding of the hand, wrist, arm, shoulder or back of a student to induce the student to walk 38 to a safe location does not need to be voluntary. 35 36 37 38 Page 2 - 132LR1814(01) 1 The bill also amends the prohibition on the use of physical restraint or seclusion by 2 removing the requirement that an imminent danger be of serious physical injury and instead 3 requires only that there is imminent danger of injury.