In this subtitle the following terms have the meanings indicated. “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. “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. “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 that occurs during school hours. “Physical restraint” does not include: Briefly holding a student in order to calm or comfort the student; Holding a student’s hand or arm to escort the student safely from one area to another; Moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or Breaking up a fight in the school building or on school grounds. “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. “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. “Seclusion” does not include a behavior intervention plan of separating a student by placing the student: Into a nonlocked room from which the student is allowed to leave; or Within a separate location in a classroom from which the student is not physically prevented from leaving. “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.

This section does not apply to the Juvenile Services Education Program. A public agency may not use seclusion as a behavioral health intervention for a student. Neither a public agency nor a nonpublic school may use physical restraint on a student as a behavioral health intervention unless: Physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and Other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student. A nonpublic school may not use seclusion as a behavioral health intervention for a student unless: Seclusion is necessary to protect the student or another individual from imminent serious physical harm; Other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student; A health care practitioner who qualifies under subsection (e) of this section is on site and is directly observing the student during the seclusion; The health care practitioner concludes that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student; If the door to the room in which the student is being secluded has a locking mechanism, the locking mechanism is engaged only if held in place by an individual or, if operated electronically, automatically releases in the case of an active fire alarm; and The period of seclusion lasts the lesser of: 30 minutes; or A point in time during which the student no longer poses a threat of imminent serious physical harm. For a student who has an individualized education program and is placed in seclusion, the individualized education program team, in consultation with the health care practitioner who observed the seclusion, shall review the student’s physical, psychological, and psychosocial health history to determine whether seclusion is contraindicated for the student. A determination under this paragraph shall be made: At each annual review of the student’s individualized education program; and Within 10 days of a student’s placement being changed. If a student’s behavior is adversely affected after being placed in seclusion, the nonpublic school shall convene a pupil personnel meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments. If the behavior of a student with an individualized education program is adversely affected after being placed in seclusion, the student’s individualized education program team shall convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments. Before a health care practitioner may use seclusion as a behavioral health intervention for a student in a nonpublic school, the health care practitioner shall: Be a physician, licensed to practice under Title 14 of the Health Occupations Article; Be a psychologist, licensed to practice under Title 18 of the Health Occupations Article; Be a clinical social worker, licensed to practice under Title 19 of the Health Occupations Article; Be a registered nurse, licensed to practice under Title 8 of the Health Occupations Article; or Be a clinical professional counselor, licensed under Title 17 of the Health Occupations Article; Have received training in all topics required under COMAR 13A.08.04.06, in effect on June 30, 2022; and Be clinically familiar with a student.

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. 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. 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. On receipt of notice from a public school or nonpublic school under subsection (b) of this section, the local school system shall: Review the student’s case, including the circumstances of each incident of physical restraint or seclusion; 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 Share the local school system’s recommendations with the Department and the public school or nonpublic school. 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. On receipt of notice from a public agency under subsection (d) of this section, the Department shall: Review the student’s case, including the circumstances of each incident of physical restraint; Assess the public agency’s pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and Share the Department’s recommendations with the public agency.

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: The number of physical restraint incidents, disaggregated by the student’s jurisdiction, disability, race, gender, age, and type of placement; 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; For nonpublic schools, the number of seclusion incidents, disaggregated by the student’s jurisdiction, disability, race, gender, and age; and 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. To determine the number of incidents for the report required under paragraph (1) of this subsection: 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 If after a seclusion incident has ended in accordance with item (i) of this paragraph, 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 seclusion incident. 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 this subsection. 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. 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: 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; For nonpublic schools, the policy changes made to further reduce the use of seclusion incidents during the prior school year; and 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. Each nonpublic school shall: Personally observe and review seclusion rooms; Review training plans for the use of seclusion; and Report to the Department regarding findings made under items (1) and (2) of this subsection. The Department shall: Provide guidance to nonpublic schools regarding the requirements of the use of seclusion and rooms for seclusion; Develop an accountability system to measure compliance by public agencies and nonpublic schools with COMAR 13A.08.04 and any other regulations adopted to implement this subtitle; Analyze the data and information collected under this section to determine trends and patterns in behavioral interventions; and Report to the General Assembly, in accordance with § 2–1257 of the State Government Article, regarding findings and recommendations reported to the Department under this section. In the report required under paragraph (1)(iv) of this subsection, the Department shall provide data for public agencies and nonpublic schools by school, subject to State and federal privacy laws. The data provided under this paragraph shall be presented in a manner that accounts for variation in enrollment between schools. Within 30 days of submitting the report required under paragraph (1)(iv) of this subsection, the Department shall publish the report on its website.

Each public agency and nonpublic school shall develop policies and procedures in compliance with this subtitle and the regulations adopted by the Department.

A public agency and the local school system in which the public agency is located or a nonpublic school shall submit a systemic, evidence–based corrective action plan to the Department if the public agency or nonpublic school: Fails to comply with any provision of this subtitle; or Reports to the Department that a student has been physically restrained or placed in seclusion 10 times or more in a school year under § 7–1103 of this subtitle. The Department shall adopt regulations to implement the provisions of this section.

Subject to the requirements of this section, the State Superintendent shall, in consultation with representatives of institutions of higher education and the Professional Standards and Teacher Education Board under Title 6, Subtitle 7 of this article, adopt positive behavioral intervention training requirements for teachers, administrators, behavioral health specialists, paraprofessionals, aides, and any other employees who interact routinely with students. Before adopting the training requirements under subsection (a) of this section, the State Superintendent shall identify any gaps in behavioral interventions, strategies, and supports. The training requirements adopted under subsection (a) of this section shall include positive behavioral interventions, strategies, and supports that: Are evidence–based; Include trauma–informed interventions and strategies for de–escalation; Remedy any gaps identified under subsection (b) of this section; and Are consistent with professionally accepted practices and standards for persons entering the field of education. The training requirements adopted under subsection (a) of this section shall be the basis of a program of professional development that the State Superintendent shall share with school employees from public agencies and nonpublic schools. The State Superintendent shall issue guidance on best practices in implementing positive behavior intervention plans that are the basis for the professional development program.