2023 Maryland Statutes
Education
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 11 - Student Behavior Intervention
Section 7-1103 - Counting Separate Incidents of Seclusion -- Notice to the Department and Local School System -- Actions by Local School System -- Notice by Public Agency -- Actions by 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.
