Mich. Admin. Code R. 400.8280 - Discipline

Rule 280.

(1) Positive methods of discipline that encourage self-control, self-direction, self-esteem, and cooperation must be used.

(2) All of the following means of punishment are prohibited:

(a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

(b) Placing any substances in a child's mouth, including, but not limited to, soap, hot sauce, or vinegar.

(c) Restricting a child's movement by binding or tying the child.

(d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child.

(e) Depriving a child of meals, snacks, rest, or necessary toilet use.

(f) Excluding a child from outdoor play or other gross motor activities.

(g) Excluding a child from daily learning experiences.

(h) Isolating a child in an adjacent room, closet, locked room, box, hallway, darkened area, play area, or another area where the child cannot be seen or supervised.

(3) Time out must only be used in combination with instructional approaches that teach children what to do in place of the behavior problem.

(a) Time out must not be used for children under 3 years of age.

(b) The program staff or volunteer shall remain calm when placing the child in time out.

(4) A non-severe and developmentally appropriate restraint for an enrolled child with special behavioral or mental health issues may be used if reasonably necessary, based on a child's development, to prevent a child from harming themselves or to prevent a child from harming other individuals or property, excluding those forms of punishment prohibited by subrule (2) of this rule. The plan for when the restraint should be initiated; the actual use of the restraint, such as holding the child as gently as possible, and timed use of the restraint must be developed in collaboration with the parent or guardian with the parent or guardian giving final approval of the plan.

(5) A written discipline policy must be developed and implemented regarding the age appropriate, non-severe discipline of children. The policy must be provided to program staff, volunteers, and parents.

Notes

Mich. Admin. Code R. 400.8280

2025 MR 10, Eff. 5/7/2025

An obvious error in R 400.8280 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.