05-071 C.M.R. ch. 33, § 2 - DEFINITIONS
1.
Aversive procedure means the
use of a substance or stimulus, intended to modify behavior, which the person
administering it knows or should know is likely to cause physical and/or
emotional trauma to a student, even when the substance or stimulus appears to
be pleasant or neutral to others. Such substances and stimuli include but are
not limited to: infliction of bodily pain, (e.g. hitting, pinching, slapping),
water spray, noxious fumes, extreme physical exercise, costumes, or
signs.
2.
Behavior
Intervention Plan (BIP) is a comprehensive plan for managing problem
behavior by changing or removing contextual factors that trigger or maintain
it, and by strengthening replacement skills.
3.
Chemical Restraint means a
drug or medication that is not prescribed as the standard treatment of a
student 's medical or psychiatric condition by a licensed physician or other
qualified health professional acting under the scope of the professional's
authority under state law that is used on a student to control behavior or
restrict freedom of movement. 20-A M.R.S.A.§
4014(1)(A).
Chemical Restraint is the use of medication, including those
administered PRN (as needed), given involuntarily to control student behavior.
A. Under this rule, the following is
not considered
unlawful restraint and does not require an
incident report:
1) Prescribed medications,
for the standard treatment of a student 's medical or psychiatric condition, by
a licensed physician or other qualified health professional; when administered
by a health care provider, and consistent with a student 's health care
plan.
4.
Covered Entity means an entity that owns, operates, or controls a
school or educational program that receives public funds from the department,
including, but not limited to, public schools, public regional programs, public
charter schools, private schools, private schools approved for tuition
purposes, special purpose private schools, career and technical education
programs, public prekindergarten programs, and providers of services pursuant
to the provisions of the federal
Individuals with Disabilities
Education Act , Parts B and C,
20 United States Code,
Section 1401
et seq. (2015).
20-A M.R.S.A.§
4014(1)(B)
means an entity that owns, operates or controls a school or
educational program that receives public funds from the Maine Department of
Education including, but not limited to: public schools, public regional
programs, public charter schools, private schools, publicly supported private
schools, special purpose private schools, Career and Technical Education
schools, public pre-kindergarten, and Child Development Services
(CDS).
5.
Deflection
is an intervention where the movement of a student is momentarily diverted
because the student 's movement would be harmful or dangerous to the student or
others.
6.
De-escalation is the use of behavior management techniques
intended to cause a situation involving problem behavior of a student to become
more controlled, calm, regulated and less dangerous, thus reducing the risk for
injury or harm.
7.
Dangerous
Behavior is behavior that presents a risk of injury or harm to a student
or others.
8.
Emergency is a sudden, urgent occurrence, usually unexpected but
sometimes anticipated, that requires immediate action.
9.
Functional Behavioral Assessment
(FBA) is a school-based process that includes the parent and, as
appropriate, the child , to determine why a child engages in challenging
behaviors and how the behavior relates to the child 's environment. The term
includes direct assessments, indirect assessments and data analysis designed to
assist the team to identify and define the problem behavior in concrete terms,
identify the contextual factors (including affective and cognitive factors)
that contribute to the behavior, and formulate a hypothesis regarding the
general conditions under which a behavior usually occurs and the probable
consequences that maintain the behavior. Formal documentation of the assessment
by appropriately qualified individuals becomes part of the child 's educational
record.
10.
Risk of injury or
harm Imminent danger describes a situation in which a student has:
A. the means to cause physical harm or injury
to self or others; and
B. such
injury or harm is likely to occur; such that a reasonable and prudent person
would take steps to protect the student and others against the risk of such
injury or harm.
11.
Incident means all actions from the time a student 's behavior
begins to create a risk of harm, to the time the student ceases to pose a risk
of harm and returns to their regular programming.
12.
Individualized Education Plan
(IEP) is a term used under special education law to reference the
written document that states goals, objectives and services for students
receiving special education.
13.
Individual Health Plan (IHP) is a plan of action for a student
with special health care needs, actual and potential. It is an adaptation of
the nursing care plans commonly used in health care institutions.
14.
Mechanical Restraint means
the use of a device to restrict a student 's freedom of movement. 20-A
M.R.S.A.§
4014(1)(C)
which cannot be removed by the student , and/or is not used
intentionally as medically prescribed a. Under this rule, the following
are not considered
unlawful restraint , and do not
require an incident report:
i. The use of
vehicle safety restraints when used as intended during the transport of a
student in a moving vehicle; 20-A M.R.S.A.§
4014(1)(I)
ii. Adaptive devices or
mechanical supports, employed to achieve proper body position, balance or
alignment to allow greater freedom of movement than would be possible without
the use of such devices or supports. 20-A M.R.S.A.§
4014(1)(I)
The use of prescribed equipment or device must be:
1. Part of a treatment plan, as prescribed by
a licensed health care provider.
2.
Supervised by a qualified and trained individual in accordance with
professional standards.
15.
Parent means a parent , as
defined in Title
20-A
M.R.S.A. section1, subsection
20, with legal custody of a
minor child , except that the "parent" of a child with disabilities means a
parent as defined in the federal Individual with Disabilities Education
Act, 20 United
States Code, Section 1401
(23).
16.
Physical escort means the
temporary, voluntary touching or holding of the hand, wrist, arm, shoulder, or
back to induce a student to walk to a safe location. 20-A
M.R.S.A.§
4014(1)(D)
is temporary touching or holding for the purpose of inducing a
student to walk to another location, including assisting the student to the
student 's feet in order to be escorted.
17.
Physical prompt means a
teaching technique that involves voluntary physical contact with a student that
enables the student to learn or model the physical movement necessary for the
development of a desired competency 20-A M.R.S.A.§
4014(1)(E)
is a teaching technique that involves physical contact with the
student and that enables the student to learn or model the physical movement
necessary for the development of the desired competency.
18.
Physical Restraint means a
personal restriction that immobilizes or reduces the ability of a student to
move the arms, legs, or head freely. 20-A M.R.S.A.§
4014(1)(F)
is an intervention that restricts a student 's freedom of movement or
normal access to his or her body and includes physically moving a student who
has not moved voluntarily.
A. The following
are not considered
physical restraint : does not
include:
1) Mechanical restraint as defined in
Sec. (2)(12);
20-A
M.R.S.A.§4014(1)(F)
2) Chemical restraint as
defined in Sec. (2)(3);
20-A
M.R.S.A.§4014(1)(F)
4) Physical escort as
defined in Sec. (2)(14);
20-A
M.R.S.A.§4014(1)(F)
5) Physical contact when
the purpose of the intervention is to comfort a student and the student
voluntarily accepts the contact;
6)
Protective physical interventions as defined in
Sec. (2)(18)
Deflection as defined in
Sec. (2)5 Momentarily deflecting the
movement of a student when the student 's movement would be, harmful or
dangerous to the student or to others;
7) The use of seat belts, safety belts or
similar passenger restraint, when used as intended, during the transportation
of a child in a motor vehicle; or
8) The use of a medically prescribed harness,
when used as intended; or
9) A brief
period of physical contact necessary to break up a fight.
19.
Positive
alternatives are a set of instructional and environmental supports to
teach students pro-social alternatives to problem behaviors with high rates of
positive feedback.
20.
Protective physical interventions are used when a student 's
actions would be harmful to themselves or others, and involve physical contacts
that serve to deflect, block, or redirect the student 's action or disengage
from a student 's inappropriate grip, but from which the student could move
freely away.
21.
School
Day is a day in which a school or program is in operation as an
instructional day and/or a teacher in-service day.
22.
Seclusion means the
involuntary isolation or confinement of a student alone in a room or clearly
defined area from which the student does not feel free to go or is physically
denied exit. "Seclusion" does not include a timeout as defined in Sec.
(2)(25). 20-A M.R.S.A.§
4014(1)(G)
is the involuntary confinement of a student alone in a room or
clearly defined area from which the student is physically prevented from
leaving. Seclusion is not timeout.
23.
Section
504 Plan refers to a written
plan of modifications and accommodations under Section
504 of the Rehabilitation
Act and the Americans with Disabilities
Act.
24.
Serious
bodily injury is any bodily injury that involves:
A. A substantial risk of death;
B. Extreme physical pain;
C. Protracted and obvious disfigurement;
or
D. Protracted loss or
impairment of the function of a bodily member, organ, or mental
faculty.
25.
Serious physical injury is any impairment of the physical
condition of a person , whether self-inflicted or inflicted by someone else,
that is beyond the care of routine first aid, and should require a medical
practitioner to evaluate and/or to treat the victim.
26.
Student is a child or adult
aged 3 to 2022, enrolled in a school or a program owned, operated or controlled
by a covered entity as defined in this section
27.
Timeout is an intervention
where a student requests, or complies with an adult request for a break, and is
not covered by this rule. Timeout, as defined here, is not seclusion
20-A M.R.S.A.§
4014(1)(H).
28.
"Unlawful restraint or
seclusion" means:
C. Physical restraint or physical escort that
is life-threatening, restricts breathing or blood flow to the brain, including
prone restraint; or 20-A M.R.S.A.§
4014(1)(I)(3)
D. Physical restraint or
seclusion that is contraindicated based on
Title
34-B, section 3003 or section
15002 or the student 's
disability or health care needs or medical or psychiatric condition as
documented in: 20-A M.R.S.A.§
4014(1)(I)(4)
1) A health care directive or
medical management plan; 20-A M.R.S.A.§
4014(1)(I)(4)(a)
2) A behavior
intervention plan; 20-A M.R.S.A.§
4014(1)(I)(4)(b)
3) An individual
education plan or an individual family service plan , as defined in the federal
Individuals with Disabilities Education Act ,
20 United States Code,
Section 1401
et seq. (2015);
or 20-A M.R.S.A.§
4014(1)(I)(4)(c)
4) A plan developed
pursuant to the federal
Rehabilitation Act of 1973 ,
29 United States Code,
Section 794 (2015) or the federal
Americans with Disabilities Act of 1990 , Title II,
42 United States Code,
Section 12131
et seq.
(2009). 20-A M.R.S.A.§
4014(1)(I)(4)(d)
29.
Voluntary means that a student cooperates with a request, independent of staff
using physical force for the purpose of overcoming a student 's
resistance.
Notes
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No prior version found.