<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 13A.08.04.06" title_num="13A" subtitle_num="08" chapter_num="04" heading="Administrative Procedures.">
  <paragraph num="A.">
    <text>Each public agency and nonpublic school shall develop policies and procedures to address:</text>
    <paragraph num="(1)">
      <text>A continuum of positive behavioral interventions, strategies, and supports for use by school personnel before exclusion, restraint, or seclusion;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The prevention of self-injurious behaviors;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Methods for identifying and defusing potentially dangerous behavior;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The use and documentation of exclusion consistent with Regulation .04 of this chapter;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The use of restraint consistent with Regulation .05A of this chapter;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The use of seclusion consistent with Regulation .05B of this chapter; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The notification, review, and recommendation requirements consistent with §§E and F of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Professional Development.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The school personnel described in §C(1) and §C(2) of this regulation shall receive training in current professionally accepted practices and standards regarding:</text>
      <paragraph num="(a)">
        <text>Positive behavior interventions strategies and supports, including methods for identifying and defusing potentially dangerous behavior;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Trauma-informed intervention;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Functional behavior assessment and behavior intervention planning;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Exclusion;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Restraint and alternatives to restraint;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Seclusion;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Symptoms of physical distress and positional asphyxia;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>First aid and cardiopulmonary resuscitation (CPR); and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Individualized behavior interventions based on student characteristics, including disability, medical history, and past trauma.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Monitoring and Compliance.</text>
    <paragraph num="(1)">
      <text>Each public agency and nonpublic school shall develop policies and procedures on:</text>
      <paragraph num="(a)">
        <text>Monitoring the use and documentation of exclusion, restraint, and seclusion; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Receiving and investigating complaints regarding exclusion, restraint, and seclusion practices.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Notice of Student’s Tenth Incident of Physical Restraint or Seclusion.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Review, Assessment, and Recommendations.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Review the student's case, including the circumstances of each incident of physical restraint or seclusion;</text>
      </paragraph>
      <paragraph num="(b)">
        <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>
      </paragraph>
      <paragraph num="(c)">
        <text>Share the local school system's recommendations with the Department and the public school or nonpublic school.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 10 business days from receipt of notice from a public agency under §E(3) of this regulation, the Department shall:</text>
      <paragraph num="(a)">
        <text>Review the student's case, including the circumstances of each incident of physical restraint;</text>
      </paragraph>
      <paragraph num="(b)">
        <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>
      </paragraph>
      <paragraph num="(c)">
        <text>Share the Department's recommendations with the public agency.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Corrective Action.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Fails to comply with any provision of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Reports to the Department that a student has been physically restrained or placed in seclusion ten times or more in a school year.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department may require different or additional student specific or systemic corrective action within a prescribed time period as determined appropriate by the Department.</text>
    </paragraph>
  </paragraph>
</regulation>