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Above, `Time Out,' an 1889 painting by Swedish artist, Carl Larsson
Tuesday, the Massachusetts Board of Elementary and Secondary Education unanimously approved updated regulations that the Healey-Driscoll Administration proposed to the use of time-out practices in schools. Time-out is a behavioral support strategy used in schools to help students calm, for which some schools use specific rooms. These updated regulations aim to create safer and more supportive school environments and increase transparency and communication between schools and families.
Today’s regulation changes are based on public comments received, as well as input from the Department of Elementary and Secondary Education (DESE)’s stakeholder working group. Overall, the changes update the definition of seclusion and time-out, add requirements for any room or area that is used for time-out, add emergency circumstances under which a form of seclusion in which a staff member is immediately available to the student may be used as a last resort, and add safeguards for situations in which emergency seclusion is used.
“Inclusive, accessible, safe and welcoming school environments are critical for students to learn and grow academically, behaviorally and social-emotionally. And we know that an important part of that is seeing all students learn alongside their peers to the greatest extent possible,” said Education Secretary Dr. Patrick Tutwiler. “The changes approved today give schools and districts additional clarity on appropriate behavioral supports that should be in place for all students to thrive.”
Key changes in the regulations will:
- Align the state’s definition of seclusion more closely with the definition used by the U.S. Education Department’s Office for Civil Rights for data collection purposes.
- Update the definition of time-out to include "in an unlocked setting from which the student is permitted to leave."
- Add requirements about any room or area that is used for time-out, including that the room be:
- of appropriate size for the age and the needs of the student;
- appropriately lighted, ventilated, and heated or cooled, consistent with the rest of the building; and
- free of objects or fixtures that are inherently dangerous to the student.
- Add emergency circumstances under which a type of seclusion can be used as a last resort if there is an imminent threat of assault or serious physical harm to the student or others.
- In such situations, an adult must be present and monitoring the student and several conditions must be met, including prior consent from the student’s family and documentation from a licensed mental health professional and physician.
- Require that parents be notified if emergency seclusion is used and require schools to conduct weekly and monthly review of data related to seclusion.
“Our students deserve safe and healthy learning environments, free from harmful seclusion practices that are detrimental to their wellbeing. I am grateful to the Department of Elementary and Secondary Education for proposing these updated regulations, which provide significant additional protections to prevent seclusion,” said Attorney General Andrea Joy Campbell.
"Our member schools employ hundreds of compassionate, highly trained educators and staff who are able to meet the specialized needs of students across the Commonwealth and ensure safe learning environments. Clear policies informed by experts in the field help these educators best support the children they work with each day. We appreciate the robust process DESE undertook to finalize these regulations and look forward to improving outcomes for staff and the students they serve," said Massachusetts Association of Approved Special Education Schools Executive Director Elizabeth Dello Russo Becker.
The effective date for the new regulations is August 17, 2026 to give districts time to implement necessary changes. More information is available in the documents for today’s Board meeting. The Department plans to provide guidance on the updated regulations and provide funding opportunities to help schools and districts implement the changes.
Over the last several years, there has been growing attention across the country on time-out practices and the use of time-out rooms, and in Massachusetts, DESE has been examining the topic since 2020. During the 2020-2021 school year, DESE engaged with a broad range of stakeholders in a process that resulted in guidance being issued in 2021 (download). Since issuing that guidance, DESE has increased its monitoring of time-out practices in schools and awarded grants to help districts reduce or eliminate the inappropriate use of time-out practices.
