It’s complicated, folks. DESE released updated Guidance on implementing the new regulations for time out and seclusion practices in schools. School based educators are concerned these regulations will restrict or limit how classroom management practices are used. Let’s take a look at what the new documents do – and do not – require schools to implement next year.
Background
In case you missed it, over the last couple years many discussion have happened on how schools use time out and seclusion. These practices are intended to support students who are need a break to calm down or who are becoming dysregulated in classroom settings. But the stories and advocacy from parents and educators revealed inconsistent practices. Parents and advocates expressed concerns about safe environments, ambiguity on the differences between a time out and seclusion along with insufficient communication to parents when seclusion and time outs are used. Educators expressed concerns about inconsistent supports or lack of just-in-time student services.
At the June 2025 meeting, the Board of Elementary and Secondary Education approved amendments to to the regulations on physical restraint of students for both public schools under 603 CMR 46.00 and approved day schools (public and private) under 603 CMR 18.05. The new regulations include the revised definitions of time out and seclusion. The new regs also include new section on procedural safeguards to limit the use of seclusion to only emergency situations where prior consent has been obtained from the parent or guardian. School Principals will also be required to notify parents within 24 hours when an emergency seclusion has been used.
To support the implementation of the regulations, the Department of Elementary and Secondary Education released updated Guidance in February 2026 that expands on the regulations and calls for schools to continue implement the changes in a September 2021 memo. DESE directly stated that the September 2021 memo remains in effect while the updated definitions and reporting requirements in the revised regulations and February 2026 Guidance go into effect.
Note: We will update links and resources on this page as they become available. Let us know if we should include anything specific!
Implementing the Regulations & Policies on Time Out, Seclusion (and Restraint)
For the start of the 2026-27 school year, schools are expected to review their practices and protocols for time out and seclusion.
Districts are now working off of three different documents (we have them all linked below):
- February 2026 Guidance on the Implementation of Regulatory Amendments to 603 CMR 46.00 and 603 CMR 18.00
- Updated regulations for 603 CMR 46.00 Prevention of Physical Restraint and Requirements if Used
- September 2021 Reducing or Eliminating the Use of Time-Out Rooms During the 2021-2022 School Year memo
As a bonus, take a look at our prior set of resource on School Safety and Student Conduct/Discipline.
Note that recently published Guidance is intended to provide clarity and additional language to time out and seclusion only. The Guidance does not limit or prevent schools from using or implementing school discipline procedures in as delineated in student handbooks, impose other disciplinary measures permitted under state laws or provide additional supports to students with and without disabilities.
The regulations and accompanying resources do not limit or restrict classroom management however they may trigger revisions to school protocols.
The school and district revision process can (and should) be in collaboration with school based educators and include reviews of discipline policies, student supports, the use of behavioral intervention plans and training opportunities for school staff. This creates an opportunity for joint labor management working groups and school based educators to review current practices, identify areas for improvement and ensure consistent implementation district-wide.
| New Requirements/Language | No Changes or No New Requirements |
|---|---|
| New definition of Time Out as temporary separation from classroom in an unlocked setting that a student can leave voluntarily and used for the purpose of calming (see page 7 of Guidelines). | No new requirements for teachers to collect data or contact parents/guardians regarding use of time outs. Data collection and notification is required by Principals for emergency seclusion only. |
| New language limiting the use of Seclusion to emergency circumstances and where there is prior consent and medical clearance (see pp. 7-9 of Guidelines) | No changes to Student Discipline regulations on exclusion (e.g. suspensions)under 603 CMR 53.00 or state laws. |
| New requirement for Principals to track the number of seclusions and review the data weekly and monthly. (see pp. 13-14 of Guidelines) | No changes to physical restraint procedures for staff under 603 CMR 46.00 or guidance on reporting requirements. |
| New language requiring Principals to inform parents/guardians within 24 hours of a seclusion consistent with restraint reporting requirements. (see pp. 17-18 of Guidelines) | No regulatory changes that impact general rules or school procedures such as permission to leave to use the restroom or placing a student in a separate location within the classroom. (see page 4 of Guidelines) |
| New language prohibiting seclusion for discipline or punishment (new section of 603 CMR 4.07: Safeguards) | No changes to requirements to publish written policies related to student conduct and disciplinary procedures in the student handbook which must be approved by the school site council and the school committee each year (G.L. c. 71, § 37H). |
February 2026 – Time-Out Practices: Guidance on the Implementation of Regulatory Amendments to 603 CMR 46.00 and 603 CMR 18.00
June 2025 Ammendments to 603 CMR 46.00
September 2021 Reducing or Eliminating the Use of Time Out Rooms
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