Massachusetts is at a critical crossroads regarding the safety and dignity of its students, especially those with disabilities. The Board of Elementary and Secondary Education (BESE) has released proposed amendments to regulations governing the use of time-out rooms and seclusion in both public and private special education settings. The public comment period is open until May 2, 2025, at 5:00 PM—and your voice is urgently needed to ensure these regulations truly protect all children.

What’s at Stake?

For years, parents and advocates have raised concerns about the harm caused by seclusion and the misuse of time-out rooms in Massachusetts schools. The trauma from these practices can last a lifetime, disproportionately affecting students with disabilities and those who struggle to communicate their needs.

The proposed regulations take a few important steps forward, such as clarifying that time-out must occur in an unlocked setting and requiring parental consent and documentation for any use of seclusion. However, the proposals reintroduce the use of seclusion in public schools and do not go far enough to prevent the misuse of time-out rooms.

Key Concerns with the Proposed Regulations

We appreciate the effort in the proposed amendments to reduce the use of time-out by requiring that it only occur in an unlocked setting from which the student is permitted to leave. This limitation is a positive step forward. The proposed regulations represent positive progress by making it clear that these standards apply to the practices of approved special education day school programs. This is an important advancement in protecting students. To ensure comprehensive safeguards, we believe these regulations should also extend to the residential programming of approved special education schools, so that all students benefit from the same level of protection throughout their educational experience.

• Seclusion Is Permitted: Even with restrictions, the proposed rules would reintroduce the use of seclusion in public schools. Decades of research show that seclusion is inherently harmful and should be prohibited in all public schools.
• Ambiguity Around Time-Out: The current definition allows time-out in “an unlocked setting from which the student is permitted to leave,” but this relies on a student’s understanding and ability to assert themselves. Many children, especially those with disabilities, may not realize they can leave or may not be able to communicate their wishes.
• Lack of Reporting and Oversight: There is no requirement to notify parents, document, or monitor the use of time-out, nor to report these incidents to the Department of Elementary and Secondary Education (DESE).
• Insufficient Training: The regulations do not require regular staff training on alternatives to exclusionary practices, despite evidence that such training reduces the use of harmful interventions.
• Gaps in Protection for Residential Students: The amendments do not fully extend protections to students in the residential portions of special education programs.

How You Can Take Action

This is your opportunity to demand stronger protections for Massachusetts students. The BESE is accepting public comments until May 2, 2025, at 5:00 PM. Every comment counts—your feedback can make a real difference in shaping policy that keeps children safe and respected.

Ways to Submit Your Comment:

• By Email: specialeducation@mass.gov
• By Mail: Regulations Public Comment, c/o Commissioner’s Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149
• By Survey: Use the link provided on the DESE’s 2025 Public Comment Submission Page.
• By Sign-On Letter: Join many organizations by signing an organizational sign-on letter

Sample Email for Public Comment

Below is a template you can use or adapt to make your voice heard. Personalizing your message with your experiences or concerns is highly encouraged.

Subject: Public Comment on Proposed Amendments to 603 CMR 46.00 and 603 CMR 18.00
To: specialeducation@mass.gov

Dear Chairman Craven and Members of the Board,

I am writing to express my concern regarding the proposed amendments to 603 CMR 46.00 and 603 CMR 18.00 related to the use of time-out and seclusion in Massachusetts schools.

While I appreciate the efforts to clarify and improve these regulations, I urge the Board to take stronger action to protect all students—especially those with disabilities—from the harm caused by seclusion and improper use of time-out rooms.

• Seclusion should be strictly prohibited in all public schools, as it is inherently traumatic, and there are effective, evidence-based alternatives for managing emergencies.
• The definition of time-out must be strengthened to ensure that no student is ever confined to a space with a closed door or blocked exit and that all students clearly understand their right to leave.
• Schools should be required to notify parents, document, and report every use of time-out, and regular training on positive behavioral interventions should be mandated for all staff.
• Protections against exclusionary practices must apply equally to students in both day and residential special education programs.

Thank you for considering these critical changes. Please act to ensure that Massachusetts schools are safe and supportive environments for every child.

Sincerely,

Your Name
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Your Email
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Your Voice Matters—Act Now!

Massachusetts students are counting on advocates like you to stand up for their rights and well-being. Submit your comment by May 2, 2025, and help end the use of harmful seclusion and ensure meaningful protections around time-out. Together, we can create schools that are safe, inclusive, and supportive for all.