LD 1838 LR 2820(01)
Resolve, Regarding Legislative Review of Chapter 33: Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools, a Major Substantive Rule of the Department of Education
Preliminary Fiscal Impact Statement for Original Bill
Sponsor: Rep. Richardson of Carmel
Committee: Education and Cultural Affairs
Fiscal Note Required: Yes
Preliminary Fiscal Impact Statement
State Mandate - Unfunded
State Mandates
Required Activity Unit Affected Local Cost
Requires local school administrative units to: School Moderate statewide
~  prepare quarterly and annual reports documenting incidents of restraint and seclusion to be submitted to superintendents and the Department of Education;
~  debrief staff and students involved in each incident of physical restraint or seclusion within 2 days of incident;
~  after debriefing, requires staff to develop and implement a written plan (or review and revise plan if it already exists) for response and de-escalation for the student;
~  develop a local complaint process to address parent complaints about the use of restraint or seclusion.
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine.  Unless General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding requirement, municipalities may not be required to implement these changes.
Fiscal Detail and Notes
Additional costs to the Department of Education associated with implementing this rule change can be absorbed within existing budgeted resources.