Md. Code Ann., Educ. § 7-1102

Redline — January 1, 2020 → current.View current text →

Current — January 1, 2023

As of January 1, 2020

(a) The State Superintendent shall convene a task force in accordance with this section.

(b) The task force shall consist of:

(1) One member of the Senate, appointed by the President of the Senate;

(2) One member of the House of Delegates, appointed by the Speaker of the House; and

(3) The following members appointed by the State Superintendent:

(i) Representatives of the Department;

(ii) Representatives of local school systems, including teachers, administrators, school psychologists, and social workers;

(iii) Representatives of advocacy communities;

(iv) Representatives from nonpublic special education facilities;

(v) Individuals with knowledge of and expertise in positive behavioral interventions;

(vi) Representatives of students with disabilities; and

(vii) Individuals with clinical expertise regarding children who have sustained abuse, neglect, or trauma.

(1) The circumstances under which, and the schools or types of schools in which, restraint and seclusion shall be prohibited;

(2) Contraindications for restraint and seclusion and who may authorize restraint and seclusion;

(3) Definitions of “positive behavioral supports”, “behavior interventions and strategies plan”, and “trauma–informed interventions”;

(4) Training requirements for school staff regarding behavioral interventions, including the need to individualize behavioral interventions based on a student’s behavioral, medical, and psychological history and disability characteristics, and trauma–informed interventions;

(5) Minimum requirements for policies and procedures to be developed by local school systems, State operated programs, and nonpublic schools; and

(6) Standards for monitoring compliance by local school systems, State operated programs, and nonpublic schools with the requirements of this subtitle.

(d) The task force shall:

(1) Review existing regulations relating to seclusion; and

(2) On or before October 1, 2017, make recommendations to the State Board and, in accordance with § 2–1257 of the State Government Article, to the General Assembly regarding:

(i) Findings and recommendations determined under this section, including consideration of the following factors if the task force determines that there are circumstances under which seclusion may be used:

1. The types of doors and locking mechanisms that may be used;

2. The safety of the rooms used for seclusion;

3. The requirements for observation of the rooms used for seclusion;

4. The period of time for the use of seclusion; and

5. The requirements for the discontinuation of seclusion; and

(ii) Changes that are needed to update regulations to be consistent with § 7–1103 of this subtitle or any other findings and recommendations.

(e) The Department shall submit proposed regulations to the State Board of Education on or before December 1, 2017.

(a) This section does not apply to the Juvenile Services Education Program.

(b) A public agency may not use seclusion as a behavioral health intervention for a student.

(c) Neither a public agency nor a nonpublic school may use physical restraint on a student as a behavioral health intervention unless:

(1) Physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and

(2) Other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.

(d) (1) A nonpublic school may not use seclusion as a behavioral health intervention for a student unless:

(i) Seclusion is necessary to protect the student or another individual from imminent serious physical harm;

(ii) Other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student;

(iii) A health care practitioner who qualifies under subsection (e) of this section is on site and is directly observing the student during the seclusion;

(iv) The health care practitioner concludes that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student;

(v) If the door to the room in which the student is being secluded has a locking mechanism, the locking mechanism is engaged only if held in place by an individual or, if operated electronically, automatically releases in the case of an active fire alarm; and

(vi) The period of seclusion lasts the lesser of:

1. 30 minutes; or

2. A point in time during which the student no longer poses a threat of imminent serious physical harm.

(2) (i) For a student who has an individualized education program and is placed in seclusion, the individualized education program team, in consultation with the health care practitioner who observed the seclusion, shall review the student’s physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student.

(ii) A determination under this paragraph shall be made:

1. At each annual review of the student’s individualized education program; and

2. Within 10 days of a student’s placement being changed.

(3) (i) If a student’s behavior is adversely affected after being placed in seclusion, the nonpublic school shall convene a pupil personnel meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.

(ii) If the behavior of a student with an individualized education program is adversely affected after being placed in seclusion, the student’s individualized education program team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.

(e) Before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall:

(1) (i) Be a physician, licensed to practice under Title 14 of the Health Occupations Article;

(ii) Be a psychologist, licensed to practice under Title 18 of the Health Occupations Article;

(iii) Be a clinical social worker, licensed to practice under Title 19 of the Health Occupations Article;

(iv) Be a registered nurse, licensed to practice under Title 8 of the Health Occupations Article; or

(v) Be a clinical professional counselor, licensed under Title 17 of the Health Occupations Article;

(2) Have received training in all topics required under COMAR 13A.08.04.06, in effect on June 30, 2022; and

(3) Be clinically familiar with a student.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.