Md. Code Regs. 13A.08.04.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.08.04.07 - Annual Data Reporting

A. Restraint and Seclusion Data Reporting.

(1) On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report for the prior school year on:

(a) The number of physical restraint incidents, disaggregated by the student's jurisdiction, disability, race, gender, age, and type of placement;

(b) The number of physical restraint incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, age, and type of placement;

(c) For nonpublic schools, the number of seclusion incidents, disaggregated by the student's jurisdiction, disability, race, gender, and age; and

(d) For nonpublic schools, the number of seclusion incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, and age.

(2) To determine the number of incidents for the report required under §A(1) of this regulation:

(a) A seclusion incident shall be considered ended if at any point during the incident the student is no longer prevented from leaving or is removed from a room, an enclosure, or other space; and

(b) If, after a seclusion incident has ended in accordance with §A(2)(a) of this regulation, the public agency or nonpublic school determines that it is necessary to place the student in seclusion again, the subsequent confinement of the student in a room, enclosure, or other space shall be considered a separate incident.

(3) On or before December 1 each year, each nonpublic school shall:

(a) Personally observe and review seclusion rooms to ensure compliance with Regulation .05B(4) of this chapter;

(b) Review training plans for the use of seclusion with Regulation .06C of this chapter; and

(c) Report to the Department regarding findings made under §A(3)(a) and (b) of this regulation.

(4) The Department shall verify the accuracy of a report from any public agency or nonpublic school that reports no physical restraint or seclusion incidents under §A(1) of this regulation.

(5) If the Department is unable to verify the accuracy of a report submitted by a public agency or nonpublic school, the Department shall make recommendations for improvements in data collection and positive behavioral interventions at the public agency or nonpublic school.

B. Positive Behavioral Interventions Data Reporting. On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report on steps taken to encourage positive behavioral interventions, including:

(1) The professional development provided to designated school personnel related to positive behavioral interventions, strategies, and supports and trauma-informed interventions for the prior school year;

(2) For nonpublic schools, the policy changes made to further reduce the use of seclusion incidents during the prior school year; and

(3) The policy changes or new professional development opportunities designed to further increase positive behavioral interventions and reduce physical restraint or seclusion incidents in the upcoming school year.

Md. Code Regs. 13A.08.04.07

Regulation .07 adopted effective 50:22 Md. R. 977, eff. 11/13/2023