Md. Code Regs. 13A.08.04.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 13A.08.04.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Behavior intervention plan.

(a) "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.

(b) "Behavior intervention plan" includes:

(i) Clear and specifically defined targeted behaviors;

(ii) Data on the targeted behaviors, as collected through a functional behavior assessment;

(iii) Specific methods of data collection for progress monitoring; and

(iv) A hierarchy of responses to address student behavior.

(2) "Business day" has the meaning stated in COMAR 13A.05.01.03.

(3) Communicate.

(a) "Communicate" means to convey information verbally or nonverbally.

(b) "Communicate" includes, but is not limited to:

(i) Speech;

(ii) Gestures;

(iii) Symbols; and

(iv) American Sign Language.

(4) "Department" means the Maryland State Department of Education.

(5) Debrief.

(a) "Debrief" means an intentional process wherein a restraint or seclusion incident is reviewed by school personnel in order to prevent future incidents and improve responses to the student's challenging behavior.

(b) "Debrief" includes:

(i) Review of the events leading up to the restraint or seclusion incident;

(ii) Analysis of school personnel's compliance with an existing behavior intervention plan, Section 504 plan, or IEP; and

(iii) Consideration of new or additional behavioral strategies to address the behavior that led to the use of restraint or seclusion.

(6) "Exclusion" means the removal of a student to a supervised area for a limited period of time during which the student has an opportunity to regain self-control and is not receiving instruction including special education, related services, or support.

(7) Functional Behavior Assessment.

(a) "Functional behavior assessment" means the systematic process of gathering information to guide the development of an effective and efficient behavior intervention plan for the problem behavior.

(b) "Functional behavior assessment" includes the:

(i) Identification of the functions of the problem behavior for the student;

(ii) Description of the problem behavior exhibited in the educational setting; and

(iii) Identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time.

(8) "Health care practitioner" means:

(a) A physician licensed to practice under Health Occupations Article, Title 14, Annotated Code of Maryland;

(b) A psychologist licensed to practice under Health Occupations Article, Title 18, Annotated Code of Maryland;

(c) A clinical social worker licensed to practice under Health Occupations Article, Title 19, Annotated Code of Maryland;

(d) A registered nurse licensed to practice under Health Occupations Article, Title 8, Annotated Code of Maryland; or

(e) A clinical professional counselor licensed under Health Occupations Article, Title 17, Annotated Code of Maryland.

(9) "IEP" means an individualized education program as defined and developed in accordance with COMAR 13A.05.01.03.

(10) "IEP team" has the meaning stated in COMAR 13A.05.01.03.

(11) Mechanical Restraint.

(a) "Mechanical restraint" means the use of any device or equipment to restrict a student's freedom of movement.

(b) "Mechanical restraint" does not include devices implemented by trained school personnel, or used by a student, that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, including:

(i) Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;

(ii) Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;

(iii) Restraints for medical immobilization; or

(iv) Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.

(12) "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.

(13) "Parent" has the meaning stated in COMAR 13A.05.01.03.

(14) Physical Restraint.

(a) "Physical restraint" means a personal restriction that immobilizes a student or reduces the ability of a student to move their torso, arms, legs, or head freely.

(b) "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 in accordance with Education Article § 7-307, Annotated Code of Maryland.

(15) "Positive behavior interventions, strategies, and supports" means the school-wide and individual application of data-driven, trauma-informed actions, instruction, and assistance to promote positive social and emotional growth while preventing or reducing challenging behaviors in an effort to encourage educational and social emotional success.

(16) Protective or Stabilizing Device.

(a) "Protective or stabilizing device" means any device or material attached or adjacent to the student's body that restricts freedom of movement or normal access to any portion of the student's body for the purpose of enhancing functional skills, preventing self-injurious behavior, or ensuring safe positioning of a person.

(b) "Protective or stabilizing device" includes:

(i) Adaptive equipment prescribed by a health professional, if used for the purpose for which the device is intended by the manufacturer;

(ii) Seat belts; or

(iii) Other safety equipment to secure students during transportation in accordance with the public agency or nonpublic school transportation plan.

(17) "Public agency" means the Department, a local school system, the Maryland School for the Deaf, the Maryland School for the Blind, or the Juvenile Services Education Program.

(18) "Restraint" means the use of a physical or mechanical restraint.

(19) "School personnel" means an individual employed by a public agency or nonpublic school as defined in this chapter.

(20) Seclusion.

(a) "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 during school hours.

(b) "Seclusion" does not include a behavior intervention plan of separating a student by placing the student:

(i) Into a nonlocked room from which the student is allowed to leave; or

(ii) Within a separate location in a classroom from which the student is not physically prevented from leaving.

(21) "Section 504 plan" means a plan developed to provide a qualified student with a disability a free appropriate public education consistent with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and its implementing regulation, 34 C.F.R. § 104.33.

(22) "Serious physical harm" has the same meaning as "serious bodily injury" as defined in 18 U.S.C. § 1365(h)(3).

(23) "Student with a disability" has the meaning stated in COMAR 13A.05.01.03.

(24) "Trauma-informed intervention" means an approach to behavior intervention that is informed by the recognition that the experience of trauma, including the experience of violence, abuse, neglect, disaster, terrorism, and war, may have a significant impact on an individual's physical and emotional health and ability to function.

Md. Code Regs. 13A.08.04.02

Regulation .02B amended effective May 7, 2007 (34:9 Md R. 827); October 5, 2009 (36:20 Md. R. 1531); amended effective 45:14 Md. R. 697, eff. 7/16/2018; amended effective 50:22 Md. R. 977, eff. 11/13/2023