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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) 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.
(b)(1) 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.
(2) 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.
(c) On receipt of notice from a public school or nonpublic school under subsection (b) of this section, the local school system shall:
(1) Review the student's case, including the circumstances of each incident of physical restraint or seclusion;
(2) 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
(3) Share the local school system's recommendations with the Department and the public school or nonpublic school.
(d) 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.
(e) On receipt of notice from a public agency under subsection (d) of this section, the Department shall:
(1) Review the student's case, including the circumstances of each incident of physical restraint;
(2) Assess the public agency's pattern of behavioral health interventions to evaluate whether the public agency could use less restrictive behavioral health interventions; and
(3) Share the Department's recommendations with the public agency.
Cite this article: FindLaw.com - Maryland Code, Education § 7-1103 - last updated January 01, 2025 | https://codes.findlaw.com/md/education/md-code-educ-sect-7-1103/
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