Legislation would make it easier to restrain and forcibly move Maine students
Principal Victoria Duguay of River View Community School said that under the current law, educators aren't allowed to escort students to safe spaces unless they consent — something that doesn't always happen in the midst of a behavioral crisis. (Photo by Troy Bennett/ Maine Morning Star)
Driven by increasing reports of student misbehavior, some teachers and administrators want to make it easier for staff to physically restrain students, a practice which is only supposed to be used in emergency situations under current state law.
Most states have some limitations on when schools can use restraints and seclusion, temporarily immobilizing students and putting them in empty rooms until they can calm down.
Before Maine passed its current law in 2021, the state was restraining students at the highest rate in the country per capita, and secluding them at the second highest rate per capita, according to federal data cited by Disability Rights Maine at the time.
These incidents disproportionately involved students with disabilities, leading disability rights advocates to push for the current law, which requires school staff to justify the use of restraint, only rely on them in cases where there was 'imminent danger of serious physical injury,' use the least amount of force necessary and end interventions as soon as the danger has passed.
But in light of increasing behavioral challenges, some administrators and teachers want the lower the legal threshold for restraint and seclusion. On Wednesday, the Maine Legislature's Education and Cultural Affairs Committee is holding a public hearing on legislation, introduced by Rep. Holly Sargent (D-York), that would make several changes to state law.
Specifically, the proposal would broaden the definition of 'physical escort,' striking the word 'voluntary' from descriptions of how staff can move or touch a student. The bill, LD 1248, would also decrease the level of danger posed from 'serious physical injury' to just 'injury.'
Restraint and seclusion practices across the country have been linked to trauma, serious injuries, and even death. Disability rights advocates are warning that any changes must prioritize student safety and mental health, and that the use of restraint and seclusion generally goes against both.
Before the law was passed, schools would sometimes drag students to seclusion rooms without classifying the action as a restraint, said Ben Jones, a former lawyer for Disability Rights Maine who now serves as director of legal and policy initiatives for Lives in the Balance, a nonprofit that advocates against punitive, exclusionary disciplinary practices in schools.
Research suggests state not doing enough to help Maine districts manage student behavior
The push for relaxing the rules is coming from districts like MSAD 11 in Gardiner, where administrators say frequent behavioral incidents, especially among younger students, have left them without the tools to respond.
Principal Victoria Duguay of River View Community School said that under the current law, educators aren't allowed to escort students to safe spaces unless they consent — something that doesn't always happen in the midst of a behavioral crisis.
'When a student is dysregulated to the point where they're clearing a classroom and potentially shutting a building down, we didn't have any tools available to escort a student to a safe room if the student didn't want to go on their own,' Duguay said.
She also pointed to the aspect of current law that requires a threat of 'serious physical injury.'
'Not having that ability to be able to get that child to a safe place is that piece in the law that we're struggling with, because they're not presenting that serious physical harm,' she said.
Attorneys consulted by the district said that because most of the third to fifth graders the community school serves are young, they do not present a serious risk of injury to adults even when they lash out.
Because of educator feedback, Maine's largest teachers union, the Maine Education Association, is supporting this legislation, along with a few other bills intended to offer de-escalation training and mental health support in schools, said MEA President Jesse Hargrove.
'We want to make sure that we are following least restrictive interventions, but we also want to make sure that other students and staff are safe,' he said.
'The state law is an effort to sort of create some space so that the folks at the local level have a bit more flexibility to address the concerns that they are seeing within their districts and school sites.'
When asked if they are worried about the use of restraints increasing under a more relaxed law, MEA and Gardiner administrators, Duguay and Superintendent Patricia Hopkins, said they trusted educators to use the least restrictive processes possible.
However, Atlee Reilly, managing attorney of Disability Rights Maine's educational advocacy, said he's concerned about the potential impacts of the bill. For example, because the proposal would remove the word 'voluntary' from the text that covers how a student could be physically moved, the law would no longer count involuntary movements as a restraint.
Reilly argued that while the number of reported incidents would likely decrease, that 'doesn't mean that people are going to be putting their hands on kids less.' He added, 'I think that is almost certainly going to go up.'
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 hours ago
- Yahoo
After pleas from Republicans, last-minute hearing scheduled for red flag initiative
Hundreds of supporters and opponents of gun safety reforms rallied at the Maine State House on Jan. 3, 2024. (Jim Neuger/ Maine Morning Star) After a push from Republican lawmakers, a public hearing for a red flag bill is scheduled for Wednesday. The Maine Legislature's Judiciary Committee will hold a public hearing for LD 1378, which was born out of a citizens initiative process, at 3 p.m. on Wednesday — one week before the Legislature is set to adjourn for the session. Red flag laws, formally known as extreme risk protection orders, are a mechanism to temporarily confiscate one's firearms if they are deemed to be a threat by law enforcement or their family members. Maine's current 'yellow flag law' allows law enforcement officials to take away guns from someone considered a safety risk to themselves or others after an evaluation from a mental health professional. For several weeks, Republicans have been questioning why a public hearing was never scheduled for the proposal, which is already set to appear on the November ballot for voters to decide on. In a late night Senate session last Thursday, Senate Minority Leader Trey Stewart (R-Aroostook) attempted four maneuvers to force a public hearing for the bill. He argued that they are obligated by state law to hold a hearing, but his attempts were unsuccessful at the time. Senate President Mattie Daughtry (D-Cumberland) said the Judiciary Committee still had possession of the bill, essentially saying it is up to the committee to decide what to do with it next. However, after another late Senate session Monday, the Judiciary Committee sent out a public hearing notice. 'The 'red flag' bill isn't a referendum to change the state flag,' said Assistant Senate Minority Leader Matt Harrington (R-York) after the meeting was announced. 'It is a proposal that infringes on one of our most protected rights.' The red flag proposal was brought about after the Maine Gun Safety Coalition collected more than 80,000 signatures in about two months in support of the initiative. Similar legislation was introduced last legislative session, but it died without a vote in the full Senate or House of Representatives. The Judiciary Committee held a public hearing in April 2024 for last session's proposal amid criticisms of the state's yellow flag law, which has faced scrutiny since an independent commission found that it should have been utilized to remove firearms from Robert Card II, who perpetrated the October 2023 mass shooting in Lewiston. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
7 hours ago
- Yahoo
Legislative recap for Monday, June 9
The state seal at the entrance to the Maine State House in Augusta. (Jim Neuger/Maine Morning Star) Faced with the question of whether to change the unique way the state's constitutional officers are chosen, the majority of lawmakers on Monday rejected the notion that the attorney general and secretary of state should be elected by voters, rather than the Legislature. The Senate voted against a bill that would amend the constitution to require the popular election of the secretary of state, attorney general and state treasurer (LD 455) and then voted against a similar bill (LD 508), which was later tabled. Other proposed constitutional amendments to require the popular election of the secretary of state (LD 147) and attorney general (LD 149) were rejected by the majority of both chambers. With papers frantically shuffling between chambers this week ahead of the planned June 18 adjournment, Maine Morning Star will highlight the biggest items of debate as well as legislation and issues that we've followed all session. Here's an overview of what happened Monday. Both chambers Both chambers have now passed a resolve (LD 470) directing the Department of Education to review teacher mentoring programs in Maine Public Schools after the House voted Monday to pass an amended version of the bill. Following the Senate last week, the House voted 81-64 to pass LD 1145, which would give a group of mobile home owners or a mobile home owners' association the right of first refusal to purchase a mobile home park if the owner intends to sell. The House also adopted a floor amendment stripping the emergency clause from the bill that was also approved by the Senate. (More on this issue here.) The House and Senate have both also passed LD 13, which establishes a fund for the Secretary of State's Office for the production and delivery of election-related materials. The Senate backed two measures previously supported by the House that would expand access to needle exchange programs (LD 1078) and fund proper disposal of syringe litter (LD 1738). (More on this here.) Both chambers voted Monday against legislation (LD 1505) that would phase out the sales and use tax, as well as another bill (LD 1899) that would have eliminated taxes on health care spending, which tax committee co-chair Sen. Nicole Grohowski (D-Hancock) said she generally supported but the bill was 'not ready for prime time.' The House voted 74-71 for LD 1113, which asks a court, when sentencing an individual for a Class A, Class B or Class C crime, to consider the age of the individual at the time of the conduct. The Senate later followed, voting 19-15 to pass the measure. A proposal (LD 1036) to prohibit landlords from refusing to rent to tenants solely because they rely on programs such as General Assistance or housing vouchers is essentially dead after both chambers insisted on their respective positions on the bill. After it was initially passed by the House last week, the Senate rejected the bill after Sen. Chip Curry (D-Waldo) explained that the Judiciary Committee is carrying a similar bill into the next session to allow more time to work on it. (More on this bill here.) Before the Senate passed LD 1522 without a roll call, the House voted 76-68 to permanently establish the Maine Eviction Prevention Program within the Maine State Housing Authority. Members of both chambers rejected a measure (LD 152) that would have amended the Freedom of Access Act to require agencies to respond to public records requests within a specific time. Both the House and Senate rejected a bill (LD 1593) that would require that, when making a decision based on advancing equity, that a state or a local government agency make public its definition of the term as well as metrics. Both chambers also voted down a so-called parents rights bill (LD 1974), which would explicitly declare it a fundamental right of parents to direct the upbringing, education and care of their child. Both chambers have also now rejected legislation (LD 1707) that would require an individual to be a citizen of the U.S. in order to receive any state or local assistance, aside from education. It would also have required municipalities to comply with federal immigration authorities in order to receive general assistance or state-municipal revenue sharing. LD 613, a bill supported by the Maine Medical Association that allows terminally ill patients to waive the current 17-day waiting period for access to life-ending medication, is in limbo after the Senate voted 17-18 on Monday against passage of the measure, which won the backing of the House last week. The House Monday again voted against passage of LD 1263 after the Senate last week backed the measure, which would create a Class A crime for aggravated trafficking of fentanyl when it results in an overdose. It now goes back to the Senate to take up again. After a failed effort to align with the Senate's rejection of LD 1535, the House insisted on passage of the bill, which would require the Public Utilities Commission to gather a group of municipal, police and fire officials to discuss the high electricity usage related to illegal cannabis grows in the state. Since the Senate last week insisted on its position against the bill, it is now essentially dead. The chambers are split over a resolve (LD 1364) directing the Department of Inland Fisheries and Wildlife to evaluate efforts to promote the use of non-lead ammunition with the House passing an amended version of the bill that the Senate rejected. During the Senate debate, Sen. Anne Carney (D-Cumberland) said she is consistently approached by constituents seeking to ban lead-based ammunition but said they've never done that because educating people about this topic gets them to choose a better option. The amended version of the bill, she explained, would make educational materials more accessible. After passage in the Senate last week, the House voted 76-69 to reject LD 371, which would remove the 100-megawatt maximum capacity limit for hydropower to qualify as a renewable resource under the state's renewable resource portfolio requirement. (More on this issue here.) After LD 1928 squeaked through both chambers last week, the Senate voted 14-20 against enactment on Monday leaving the bill, which would prohibit lodging establishments from using single-use plastic containers — such as mini shampoo bottles — in limbo. The Senate on Monday voted under the hammer to pass legislation (LD 1202) to create the African American Studies Advisory Council to measure and monitor the implementation of related curriculum using data collected by the Department of Education. It is an amended version of legislation that passed last year but was never enacted. (More on this here). House lawmakers voted 100-44 to back legislation (LD 297) that extends provisions of current law regarding the management of wastewater treatment plant sludge at the state-owned landfill. The House voted against legislation (LD 1268) that would have provided an annual stipend to all employees of the Maine State Ferry Service. Legislation (LD 1471) requiring a landlord to provide tenants an energy efficiency disclosure statement for certain rental housing in the state passed the House. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
21 hours ago
- Yahoo
Catch up on the latest state budget decisions in the Maine Legislature
Entrance to the Appropriations and Financial Affairs Committee room in the Maine State House in Augusta. (Photo by Jim Neuger/Maine Morning Star) A budget plan is taking shape and the clock is ticking. Maine Morning Star will have regular updates as the committee tasked with setting that plan, the Appropriations and Financial Affairs Committee, takes straw votes on what to include ahead of a final vote on the budget proposal to be sent to the Maine Senate and House of Representatives for consideration. Legislative leaders have said the intention is to complete all work by June 18, what had been the statutory adjournment date for the first regular session. Though, the Legislature is now in a special session, without a formal deadline. In March, the Democratic majority pushed through a roughly $11.3 billion, two-year budget plan without Republican support and formally adjourned in order to start the clock for those funds to become available in 90 days. Senate Republicans refused to back an alternative short-term plan that would have immediately filled the current deficit for MaineCare, the state's Medicaid program, because it did not include structural reform to the program. The budget that did pass continued funding for state services at the same level while also providing one-time funding for MaineCare and other urgent needs. But it didn't include any of the policy changes Gov. Janet Mills proposed, such as tax increases and program cuts, to address the deficit and flattening revenues. These proposals and others from lawmakers are now being weighed by the appropriations committee as it crafts the next iteration of the budget. Follow along below: 8 mins ago 10 mins ago 8 mins ago Monday morning at the State House began with more talk about taxes as the Appropriations Committee continued its line-by-lines votes on what to include in the budget. The majority of the committee voted to remove Mills' proposed tax on ambulance services, which is one of several tax increases the governor proposed as a means to address the deficit and flattening revenues. The tax on non-municipal ambulance service providers would have been equal to 6% of their net operating revenue, which the Mills administration said it would have used to leverage additional federal dollars and eventually increase MaineCare reimbursements. While Republicans on the committee said they supported removing the tax — as the minority party has made clear it will not support tax increases of any kind — they questioned how the state will deal with those shortfalls and pay for additional spending the committee has approved. One example from Monday was reallocating the cost of an emergency coordinator position that is partially funded through federal expenditures to being completely supported by the general fund. 'We're moving positions and costs into the general fund, and my only question is, where is that money coming from?' Sen. Sue Bernard (R-Aroostook) asked. 'Is it coming from more tax increases? Is it coming from cutting other programs that we haven't gotten to yet, or what?' Sen. Peggy Rotundo (D-Androscoggin), who co-chairs the committee, responded, 'As we build this budget, we will take care of that in one way or another so that the budget will balance at the end.' It is not yet clear whether the committee will support some of Mills' other proposed taxes or the cuts she proposed to health and child care programs. So far, the committee also voted out a proposed pharmacy tax. Implications from federal funding cuts were also top of mind. The coordinator position was one of several that the committee readjusted to be more reliant on state funding, though Mills made those recommendations before President Donald Trump's administration began rescinding congressionally appropriated funds. 'We have talked about the fact that if federal funds disappear, positions disappear,' Rotundo said. But some concerns about federal funding predated Trump's second term. During the public hearing for the budget bill, the Maine Emergency Management Agency said budget deficits related to federal funding had already resulted in the agency leaving two positions vacant. The committee voted to fund two positions fully with the general fund, after they'd previously been supported solely by federal dollars. 'It was important to make sure that these positions were preserved and that it was worth the investment in additional general fund dollars,' said Rep. Drew Gattie (D-Westbrook), the other co-chair of the committee. 10 mins ago During the committee's last meeting on Thursday, the majority of its members rejected a tax on Maine pharmacies the governor had proposed, while voting in favor of additional funding and rate reform for nursing homes. The pharmacy tax would have imposed a 70-cent tax on every outpatient prescription filled by Maine pharmacies, the revenue from which the Mills administration said it would use to leverage additional federal dollars and eventually increase MaineCare reimbursements. 'I haven't voted for any items,' said Republican budget lead Jack Ducharme of Madison on Thursday. 'Yet, this will be my first, because I believe that we already collect too much taxes.' With a 10-2 vote, other Republicans backed removing the tax too, though the holdouts noted that their opposition was because of a lack of clarity about the overall budget plan. 'I applaud the work of the majority in terms of removing this,' Rep. Ken Fredette (R-Newport) said. 'However, I will be consistent in reviewing the overall global budget in determining whether or not I will support it.' That sentiment was also shared ahead of the committee voting 9-3 in favor of $20 million in additional funding for nursing homes over the biennium. This includes a $6.5 million investment for rate reform to support the direct care workforce and incentivize permanent staff, which would in turn unlock $12.2 million in funding from the federal government. 'Nursing home rate reform is very important to us, however at this particular time we have not had a discussion about where additional general funds come from that we're going to need,' Ducharme said. 'In order for me to support this, even though I would historically support something like this, I want to know where the money's coming from.' Other Republicans had a different take. While Rep. Amy Bradstreet Arata of New Gloucester would also like to know where the funds are coming from, 'I feel right about supporting this,' she said. 'I might not support the entire package, but I feel better knowing that this is in there, ultimately.' Read more here.