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2017 Maryland Code
Education
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 11 - Student Behavior Intervention
§ 7-1102. Convening of task force [Section subject to repeal and redesignation effective June 30, 2019; redesignated section follows this section].
Universal Citation: MD Educ Code § 7-1102 (2017)
- (a) In general. -- The State Superintendent shall convene a task force in accordance with this section.
- (b) Representation on task force. -- 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.
- (c) Issues for consideration. -- The task force shall consider:
- (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) Duties of task force. -- 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 § 2-1246 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.
- (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:
- (e) Submission of proposed regulations. -- The Department shall submit proposed regulations to the State Board of Education on or before December 1, 2017.
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