(a) "Positive Behavioral Interventions and Support Program" defined.–In this section, "Positive Behavioral Interventions and Support Program" means the research-based, systems approach method adopted by the State Board to build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn.

(b) Program established–Suspension. -

(c) Program established–Truancy. -

(d) Regulations.–The State Board shall adopt regulations to implement the provisions of this section.

(a) "Restorative approaches" defined. -

(c) Standards of conduct; implementation.–The State Board shall:

 

(b) Behavior intervention plan.–"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.

A) this section does not apply to the juvenile services education program.

(a) (b) a except as provided in subsection (e) of this section, a a public agency may not use seclusion as a behavioral health intervention for a student.

(b) (c) neither a public agency nor a nonpublic school may use physical restraint on a student as a behavioral health intervention unless:

(1) physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and

(2) other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.

(c) (d) (1) a nonpublic school may not use seclusion as a behavioral health intervention for a student unless:

(i) seclusion is necessary to protect the student or another individual from imminent serious physical harm;

(ii) other, less intrusive interventions have failed or been demonstrated to be inappropriate for the student;

(iii) a health care practitioner who qualifies under subsection (d) (e) of this section is on site and is directly observing the student during the seclusion;

(iv) the health care practitioner determines that seclusion is not contraindicated for the physical, psychological, or psychosocial health of the student;

(v) 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

(vi) the period of seclusion lasts the lesser of:

1. 30 minutes; or

2. A point in time during which the student no longer poses a threat of imminent serious physical harm.

(2) (i) 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.

(ii) a determination under this paragraph shall be made:

1. At each annual review of the student's individualized education program; and

2. Within 10 days of a student's placement being changed.

(3) (i) 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.

(ii) 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.

(d) (e) 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:

(1) (i) be a physician, licensed to practice under title 14 of the health occupations article;

(ii) be a psychologist, licensed to practice under title 18 of the health occupations article;

(iii) be a clinical social worker, licensed to practice under title 19 of the health occupations article;

(iv) be a registered nurse, licensed to practice under title 8 of the health occupations article; or

(v) be a clinical professional counselor, licensed to practice under title 17 of the health occupations article;

(2) have received training in all topics required under comar 13a.08.04.06, in effect on june 30, 2022; and

(3) be clinically familiar with a student.

(A) (1) Beginning with the 2018-2019 school year, on ON or before December 1 each year:

(1) Each public agency and nonpublic school shall submit to the department a report for the prior[AJ1]  school year on the :

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

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

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

(iv) 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 paragraph (1) of this subsection:

(i) 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

(ii) 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.

(3) (i) 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.

(ii) 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.

(2) (B) 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 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.

(3) (C) Each public agency and nonpublic school shall:

(i) (1) Personally observe and review seclusion rooms;

(ii) (2) Review training plans for the use of seclusion; and

(iii) (3) Report to the department regarding findings made under items (i) (1) and (ii) (2) of this paragraph subsection.

(4) (D) (1) The department shall:

(i) Provide guidance to public agencies and nonpublic schools regarding the requirements of the use of seclusion and rooms for seclusion;

(ii) 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;

(iii) Analyze the data and information collected under this section to determine trends and patterns in behavioral interventions

(ii) (iv) 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.

(2) (i) I n 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.

(ii) The data provided under this paragraph shall be presented in a manner that accounts for variations in enrollment between schools.

(3) Within 30 days of submitting the report required under paragraph (1)(iv) of this subsection, the department shall publish the report on its website.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

A. Upon receipt of notification from the Department that an elementary school's out-of-school suspension rate exceeds the standard specified in § B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:

B. An elementary school is subject to this regulation if it has an out-of-school suspension rate that exceeds:

C. The school principal or the principal's designee and appropriate staff members shall:

D. The following apply to an elementary school that has at least one grade beyond grade 5:

E. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.

F. An elementary school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:

A. Upon receipt of notification from the Department that a school's habitual truancy rate exceeds the standard specified in § B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:

B. A school is subject to this regulation if it has a truancy rate that exceeds:

C. The school principal or the principal's designee and appropriate staff members shall:

D. A school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:

E. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.