2017 Maryland Code
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 11 - Student Behavior Intervention
§ 7-1101. Definitions
- (a) In general. -- In this subtitle the following terms have the meanings indicated.
- (b) Behavior intervention plan. -- "Behavior intervention plan" means a proactive plan designed to address problem behavior exhibited by a student in the educational setting through the use of positive behavioral interventions, strategies, and supports.
- (c) Nonpublic school. -- "Nonpublic school" means a school that receives funds from the Department for the purpose of providing special education and related services to students with disabilities.
- (d) Physical restraint. --
- (1) "Physical restraint" means the use of physical force, without the use of any device or material, to restrict the free movement of all or a portion of a student's body.
- (2) "Physical restraint" does not include:
- (i) Briefly holding a student in order to calm or comfort the student;
- (ii) Holding a student's hand or arm to escort the student safely from one area to another;
- (iii) Moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or
- (iv) Breaking up a fight in the school building or on school grounds.
- (e) Public agency. -- "Public agency" means the Department, a local school system, the Maryland School for the Deaf, or the Maryland School for the Blind.
- (f) Seclusion. -- "Seclusion" means the confinement of a student alone in a room, an enclosure, or any other space from which the student is physically prevented from leaving.
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