2017 Maryland Code
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.
  • (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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