Warning: What you are about to read might be detrimental to your mental health. I guarantee you will be dumbfounded and will shake your head in disbelief. A quote from Albert Einstein applies quite nicely to this topic when he said, “The difference between stupidity and genius is that genius has its limits.”
The following is an illustration for demonstration purposes.
It’s 1 p.m. and there is still about an hour before school is dismissed for the day. There is one sixth-grade boy who begins to disrupt the class and is very disrespectful to the teacher. He walks around the classroom shouting profanities, ripping posters from the wall and destroying books, much to the horror of the rest of the class.
Normally in this situation, the teacher would immediately remove the disruptive student from the classroom and the principal would intervene, taking the student to the office for disciplinary action.
However, on July 1, 2012, a little-known rule took effect within the Maine Department of Education that drastically changed how teachers and administrators are allowed to deal with disruptive and out-of-control students. This new regulation is officially known as, “Chapter 33 Rule Governing Physical Restraint and Seclusion.”
At first glance, the rule appears innocuous. However, at a closer look we see that it basically throws common sense out the window and even worse, sends a terrible message to children about behavior and consequences.
There are 13 pages of definitions, explanations, and administrative requirements of what Einstein might call “Stupid Rule 33.” It makes one wonder what the previous 32 rules must be like.
In an effort to explain the rule, the Department of Education compiled commonly asked questions with accompanying answers. Let’s take a look at these explanations (paraphrased).
Question: Can a student who is damaging and destroying school property be restrained by the teacher?
Answer: No. The fact of property damage alone is not sufficient justification for use of physical restraint. In other words, the teacher is not allowed to intervene. Really? The teacher must stand by helplessly for fear of being accused of “restraining” the student. Who thinks this makes sense?
Another question: If student A grabs student B in a sexually assaultive manner, may a staff member use force to remove student A’s hand from student B, even though student A is not physically harming student B?
Answer. No. The staff member’s action in removing student A’s hand constitutes physical restraint. That means the teacher can’t stop the assault. Unbelievable. Let’s see what student B’s dad thinks about Rule 33 when he finds out.
If you think that’s bad, here’s another: May a child who refuses to get on the bus at the end of the day be physically forced onto the bus?
Answer. No. If the child doesn’t want to get on the bus voluntarily, making him do so would violate the rule. The staff must make a contingency plan for the entire school by building a model demonstrating what getting on the bus looks like.
Seriously? One kid decides he doesn’t want to get on the bus, so the entire school must go through a new plan that will take how many hours to develop? How about this? “Hey kid, get on the bus like everyone else does.”
We all know that sometimes kids need a “time out,” right? Under this gem of a rule, time-outs can only be used if the student agrees. The student decides if and when he’ll have time-outs, and don’t you forget it.
What I have shared with you is only the tip of the iceberg. Rule 33 is so laden with politically correct thinking that it’s beyond embarrassing. I was a teacher and principal for 20 years and worked with highly respected and dedicated teachers. Their standards focused on consistent discipline, reliable structure, respect for others, and a commitment to learning. In one swoop, Rule 33 erases all of that.
Before your head totally explodes, there is some good news. I talked with Commissioner of Education Steve Bowen, who is a good guy, and agrees that Rule 33 went unnoticed by him and the Legislature, and changes are badly needed.
I can’t end without sharing this one last explanation of Rule 33. If a student is unruly in the classroom, teachers are now encouraged to remove all of the other students from the room for the duration of the student’s tantrum. The students lose class time and the misbehaving student gets the desired attention. Thanks, Einstein.
Bill Diamond of Windham served as District 12’s senator from 2004-2012, and is also a former Maine secretary of state.
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