Md. Code Regs. 13A.08.04.06

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

Section 13A.08.04.06 - Administrative Procedures

A. Each public agency and nonpublic school shall develop policies and procedures to address:

(1) A continuum of positive behavioral interventions, strategies, and supports for use by school personnel before exclusion, restraint, or seclusion;

(2) The prevention of self-injurious behaviors;

(3) Methods for identifying and defusing potentially dangerous behavior;

(4) The use and documentation of exclusion consistent with Regulation .04 of this chapter;

(5) The use of restraint consistent with Regulation .05A of this chapter;

(6) The use of seclusion consistent with Regulation .05B of this chapter; and

(7) The notification, review, and recommendation requirements consistent with §§E and F of this regulation.

B. Each public agency and nonpublic school shall annually review policies and procedures and provide them to school personnel and parents as described in COMAR 13A.08.01.

C. Professional Development.

(1) Each public agency and nonpublic school shall provide professional development to school personnel designated by a school administrator to use restraint or seclusion on this chapter and the appropriate implementation of policies and procedures developed in accordance with §A of this regulation.

(2) At the beginning of each school year, each public agency and nonpublic school shall identify school personnel authorized to serve as a school-wide resource to assist in ensuring proper administration of exclusion, restraint, and seclusion.

(3) The school personnel described in §C(1) and §C(2) of this regulation shall receive training in current professionally accepted practices and standards regarding:

(a) Positive behavior interventions strategies and supports, including methods for identifying and defusing potentially dangerous behavior;

(b) Trauma-informed intervention;

(c) Functional behavior assessment and behavior intervention planning;

(d) Exclusion;

(e) Restraint and alternatives to restraint;

(f) Seclusion;

(g) Symptoms of physical distress and positional asphyxia;

(h) First aid and cardiopulmonary resuscitation (CPR); and

(i) Individualized behavior interventions based on student characteristics, including disability, medical history, and past trauma.

(4) The professional development described in §C(3) of this regulation shall include a written examination and physical demonstration of proficiency in the described skills and competencies.

D. Monitoring and Compliance.

(1) Each public agency and nonpublic school shall develop policies and procedures on:

(a) Monitoring the use and documentation of exclusion, restraint, and seclusion; and

(b) Receiving and investigating complaints regarding exclusion, restraint, and seclusion practices.

(2) The Department may monitor and request any information regarding any matter related to exclusion, restraint, or seclusion implemented by a public agency or nonpublic school. The Department shall provide written notice of the requested information and specify the time and the manner in which the public agency or nonpublic school shall respond to the request.

E. Notice of Student's Tenth Incident of Physical Restraint or Seclusion.

(1) If a student enrolled in a public school is physically restrained ten 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 tenth incident of physical restraint and every tenth incident thereafter.

(2) If a student placed in a nonpublic school by the local school system is physically restrained or placed in seclusion ten 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 tenth incident of physical restraint or seclusion and every tenth incident thereafter.

(3) If a student enrolled in a public agency that is not a public school is physically restrained ten 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 tenth incident of physical restraint and every tenth incident thereafter.

F. Review, Assessment, and Recommendations.

(1) Within 10 business days from receipt of notice from a public school or nonpublic school under §E(1) and (2) of this regulation, the local school system shall:

(a) Review the student's case, including the circumstances of each incident of physical restraint or seclusion;

(b) 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

(c) Share the local school system's recommendations with the Department and the public school or nonpublic school.

(2) Within 10 business days from receipt of notice from a public agency under §E(3) of this regulation, the Department shall:

(a) Review the student's case, including the circumstances of each incident of physical restraint;

(b) Assess the public agency's pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and

(c) Share the Department's recommendations with the public agency.

G. Corrective Action.

(1) The Department shall require a public agency or nonpublic school to submit a corrective action plan, within a time period prescribed by the Department, if a public agency or nonpublic school:

(a) Fails to comply with any provision of this chapter; or

(b) Reports to the Department that a student has been physically restrained or placed in seclusion ten times or more in a school year.

(2) The Department may require different or additional student specific or systemic corrective action within a prescribed time period as determined appropriate by the Department.

Md. Code Regs. 13A.08.04.06

Regulation .06C amended effective 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