Section 7-1102 - Appointment of task force. - Maryland Statutes

§ 7-1102. Appointment of task force.
 

(a)  In general.- The State Superintendent shall appoint a task force to propose regulations to the State Board regarding student behavior intervention practices. 

(b)  Representation on task force.- The task force shall consist of: 

(1) Representatives of the Department; 

(2) Representatives of local school systems, including teachers, administrators, school psychologists, and social workers; 

(3) Representatives of advocacy communities; 

(4) Representatives from nonpublic special education facilities; and 

(5) Individuals with knowledge of and expertise in positive behavioral interventions. 

(c)  Issues for consideration.- The task force shall consider: 

(1) The circumstances under which, and the schools or types of schools in which, physical restraint, mechanical restraint, and seclusion shall be prohibited; 

(2) The definitions of involuntary and other types of time out; 

(3) The use of physical restraint, mechanical restraint, voluntary time out, and involuntary time out, including: 

(i) The types of permissible and prohibited physical holds and mechanical restraints; 

(ii) The size and characteristics of a time out room or other area; and 

(iii) The amount of time and examples of circumstances under which students may be placed in physical restraint, voluntary time out, and involuntary time out; 

(4) The circumstances under which review of a student's individualized education program would occur if restraints or involuntary time out are used with the student as a behavior intervention; 

(5) The circumstances under which the special education evaluation process shall be initiated for students not in special education who are restrained or placed in involuntary time out as a behavior intervention; 

(6) The circumstances under which a functional assessment and a behavior intervention plan will be conducted for the students described in items (4) and (5) of this subsection; 

(7) Appropriate behavioral interventions, including but not limited to crisis intervention and prevention techniques; 

(8) Definitions of "positive behavioral supports" and "behavior interventions and strategies plan"; 

(9) How to document properly the need for and use of behavioral interventions with students, including notice requirements to parents; 

(10) Training requirements for school staff regarding behavioral interventions, including the need to individualize behavioral interventions based on a student's behavioral, medical, and psychological history and disability characteristics; 

(11) Minimum requirements for policies and procedures to be developed by local school systems, State operated programs, and nonpublic schools; and 

(12) Standards for monitoring compliance by local school systems, State operated programs, and nonpublic schools with the requirements of this subtitle. 

(d)  Submission of proposed regulations.- The Department shall submit proposed regulations to the State Board of Education on or before December 31, 2002. 
 

[2002, ch. 230; 2006, ch. 44, § 6.]