<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 13A.08.04.07" title_num="13A" subtitle_num="08" chapter_num="04" heading="Annual Data Reporting.">
  <paragraph num="A.">
    <text>Restraint and Seclusion Data Reporting.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The number of physical restraint incidents, disaggregated by the student's jurisdiction, disability, race, gender, age, and type of placement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>For nonpublic schools, the number of seclusion incidents, disaggregated by the student's jurisdiction, disability, race, gender, and age; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>To determine the number of incidents for the report required under §A(1) of this regulation:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>On or before December 1 each year, each nonpublic school shall:</text>
      <paragraph num="(a)">
        <text>Personally observe and review seclusion rooms to ensure compliance with Regulation .05B(4) of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Review training plans for the use of seclusion with Regulation .06C of this chapter; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Report to the Department regarding findings made under §A(3)(a) and (b) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For nonpublic schools, the policy changes made to further reduce the use of seclusion incidents during the prior school year; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>