<?xml version='1.0' encoding='utf-8'?>
<section article="ged" article_name="Education" number="7-1103" title_number="7" title_name="Public Schools" subtitle_number="11" subtitle_name="Student Behavior Intervention">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>On receipt of notice from a public school or nonpublic school under subsection (b) of this section, the local school system shall:</text>
    <level label="1">
      <text>Review the student’s case, including the circumstances of each incident of physical restraint or seclusion;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>Share the local school system’s recommendations with the Department and the public school or nonpublic school.</text>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <text>On receipt of notice from a public agency under subsection (d) of this section, the Department shall:</text>
    <level label="1">
      <text>Review the student’s case, including the circumstances of each incident of physical restraint;</text>
    </level>
    <level label="2">
      <text>Assess the public agency’s pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and</text>
    </level>
    <level label="3">
      <text>Share the Department’s recommendations with the public agency.</text>
    </level>
  </level>
</section>
