Md. Code Ann., Educ. § 7-1103
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2023
As of January 1, 2019
Each public agency and nonpublic school shall develop policies and procedures in compliance with this subtitle and the regulations adopted by the Department.
(a) In this section, each incident during a behavioral health intervention in which a student is enclosed in a room, enclosure, or other space and prevented from leaving, shall be counted as a separate incident of seclusion regardless of the duration of the incident.
(b) (1) If a student enrolled in a public school is physically restrained 10 times or more in a school year, the public school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student’s 10th incident of physical restraint.
(2) If a student placed in a nonpublic school by the local school system is physically restrained or placed in seclusion 10 times or more in a school year, the nonpublic school shall provide notice to the Department and the local school system at the earliest opportunity, but not longer than 4 business days after the student’s 10th incident of physical restraint or seclusion.
(c) On receipt of notice from a public school or nonpublic school under subsection (b) of this section, the local school system shall:
(1) Review the student’s case, including the circumstances of each incident of physical restraint or seclusion;
(2) Assess the public school’s or nonpublic school’s pattern of behavioral health interventions to evaluate whether the public school or nonpublic school could use less restrictive behavioral health interventions; and
(3) Share the local school system’s recommendations with the Department and the public school or nonpublic school.
(d) If a student enrolled in a public agency that is not a public school is physically restrained 10 times or more in a school year, the public agency shall provide notice to the Department at the earliest opportunity, but not longer than 4 business days after the student’s 10th incident of physical restraint.
(e) On receipt of notice from a public agency under subsection (d) of this section, the Department shall:
(1) Review the student’s case, including the circumstances of each incident of physical restraint;
(2) Assess the public agency’s pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and
(3) Share the Department’s recommendations with the public agency.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.