CLCM Opposes Seclusion and Overuse of Time-Out Rooms in Proposed DESE Regulations
The Children’s Law Center of Massachusetts (CLCM) submitted formal comments to the MA Department of Elementary and Secondary Education (“DESE”) in response to proposed amendments pertaining to the use of restraint, seclusion and time-out practices in educational settings. The proposed amendments concerned regulations listed at 603 CMR 46.00 (Physical Restraint Regulations) and 603 CMR 18.00 (Program and Safety Standards for Approved Special Education Programs).
CLCM joined other advocacy organizations, such as the Massachusetts Special Education Attorneys (MASERS), in calling for the complete removal of the proposed sections regarding the use of seclusion. Research shows that the harm caused to students—particularly younger children—far outweighs potential justifications for its reintroduction.
We also raised concerns about the proposed definition of time-out, which focused primarily on the requirements of the physical room or area. Such framing assumed exclusionary practices as the default. By contrast, DESE’s 2021 guidance had urged schools to reduce or eliminate time-out rooms due to their negative impact on student learning and well-being. The recently proposed amendments risked normalizing these harmful practices.
We urged the Board to:
Avoid conflating supportive, non-exclusionary calming strategies with the use of time-out rooms.
Ensure any use of time-out rooms is strictly limited, carefully regulated, and consistent with safeguards outlined in DESE’s 2021 guidance.
Protect students’ rights by requiring timely parent notification and post-incident debriefing with students.
As Executive Director Jenny Chou emphasized in the letter, all children deserve equal opportunities to learn alongside their peers, build social-emotional skills, and feel connected to their school communities. Overuse of exclusionary practices such as seclusion and time-out rooms undermines these opportunities and can cause lasting harm.