Public Comment Open on Time-Out & Seclusion Regulations

The definitions for time-out, seclusion and the descriptions of rooms and spaces used for time-out are all up for changes as part of public comments on the underlying regulations.

The Department of Elementary and Secondary Education is proposing amendments to 603 CMR 46.00 Prevention of Physical Restraint and Requirements If Used and 603 CMR 18.00 Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs .

The Board of Elementary and Secondary Education voted to send out the proposed language for public comment at the March 25, 2025 meeting. The recording of the meeting including the public comments on the proposed changes and BESE member discussion is available online here.

The full set of the proposed changes to the regulations are posted below and available here for 603 CMR 46.00 and here for 603 CMR 18.00. All the proposed regulations this season are also available the DESE’s 2025 Public Comment Submission Page.

The deadline for submitting your comment directly to DESE is May 2, 2025 at 5pm.

By survey: Use the link here.

By mail: Regulations Public Comment, c/o Commissioner’s Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149

By e-mail: specialeducation@mass.gov

Among the proposed amendments:

• Revised definitions for time-out and seclusion
• New language that defines the standards of any physical space used for time-out or seclusion as part of behavioral support and calming
• Requirements for programs to obtain written consent from parents for use of seclusion in emergency situations
• New reporting and data reviews which may trigger school, district or other team meetings to assess the progress and needs of the student
• Establishment of requirements to report to DESE the use of emergency interventions
• New language for public and private special education day schools that clarifies the behavior support policies, time-out and seclusion regulatory standards will apply to special education schools.