Just four years after Maine took a significant step forward by raising the threshold for the use of physical restraint and seclusion in schools, lawmakers are now considering legislation that would reverse those protections. LD 1248, sponsored by Rep. Holly Sargent (D-York), seeks to lower the bar for when school staff can physically restrain or seclude a child, a move that has ignited fierce debate among educators, parents, and disability rights advocates.
2021 Law: A Positive Step for Student Safety
In 2021, Maine enacted a law that limited the use of restraint and seclusion to situations where a student’s behavior posed an “imminent danger of serious physical injury” to themselves or others. This reform was prompted by alarming rates of restraint and seclusion in Maine schools at the time; the state had the highest per capita rate of student restraints and the second highest for seclusion in the nation. The law required staff to use the least amount of force necessary and to end the restrictive interventions as soon as the serious danger subsided, ensuring these measures were truly last resort. This change was widely seen as a positive move, protecting vulnerable students-especially those with disabilities-from traumatic and dangerous interventions. The initial bill sought to end the use of seclusion, but that was not included in the final legislation.
LD 1248: Lowering the Threshold, Raising Concerns
LD 1248 would amend the law by changing the standard from “imminent danger of serious physical injury” to “imminent danger of injury,” a much broader and more subjective criterion. The bill would also remove the requirement that a student must voluntarily comply when being escorted by staff, allowing for more involuntary physical interventions without classifying them as restraint. Supporters argue these changes are necessary to address rising behavioral challenges and to give educators more flexibility to maintain safety in schools. As a reminder, “imminent danger of serious physical injury” is the standard recommended by the United States Department of Education in 2012, and guidance was issued related to the use of physical restraint and seclusion.
Children should never be forced into seclusion rooms, and the use of physical restraint should be exceedingly rare. The only time a physical restraint should be used is in a situation where not restraining a child could result in death. The use of physical restraint is the use of potentially deadly force; we know that children have died being restrained in school. Lowering the standard of use, as suggested by LD 1248, is putting children and staff at greater risk.
Disability rights advocates, parents, and organizations like the Alliance Against Seclusion and Restraint warn that this would be a dangerous step backward. As Krystal Emerson, a parent whose son was restrained and secluded at least 18 times in one school year, testified, these practices have left her child traumatized and unable to attend school in person. “It broke me, and it broke him,” she told lawmakers.
The Harm of Restraint and Seclusion
The Alliance Against Seclusion and Restraint, along with national mental health and disability organizations, has long documented the harm caused by restraint and seclusion. These practices can lead to serious physical injuries-including broken bones, concussions, and, in rare cases, death-as well as profound psychological trauma. The trauma extends beyond the child, affecting families and eroding trust in schools.
Research shows that restraint and seclusion are disproportionately used on students with disabilities, Black and brown children, and very young children. These interventions often become routine rather than truly a last resort, perpetuating a cycle of trauma and exclusion rather than addressing the underlying causes of challenging behavior.
The School Discipline Trauma Cycle
Through my work, I have developed the concept of the school discipline trauma cycle. The use of physical restraint and seclusion feeds this cycle. Children/youth who have been traumatized may not feel safe and may enter a hypervigilant state. Hypervigilance can lead to distress behaviors when the child/youth becomes overwhelmed or triggered. When compliance demands are placed on the stressed individual that they are unable to meet, the situation may escalate. This may lead to fight, flight, or freeze behavior, which may lead to physical restraint or seclusion.
Each incident increases the child’s anxiety, stress, and mistrust, leading to more behavioral crises and further exclusion from the learning environment. Over time, this cycle can result in long-term educational disengagement, mental health challenges, and even removal from school entirely.
A Call to Action: Protect Maine’s Students
While the 2021 law didn’t go far enough, it was a hard-fought victory for student safety and dignity. Rolling back these protections would put Maine’s most vulnerable children at greater risk of harm, trauma, injury, exclusion, and death. Instead of lowering standards, we should invest in trauma-informed, neuroscience-aligned, neurodiversity-affirming, relationship-driven, and collaborative training and practices that address the root causes of behavioral challenges.
We urge individuals and organizations to submit testimony opposing LD 1248 through Maine’s online testimony portal. Your voice can make a difference in protecting the rights, safety, and well-being of all students.
Submit your testimony today: https://www.mainelegislature.org/testimony/
Let’s ensure that Maine’s schools remain places of learning, safety, and inclusion for every child.
