§ 7-1101
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/md/education/7-1101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§7–1101.
(a)In this subtitle the following terms have the meanings indicated.
(b)“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.
(c)“Nonpublic school” means a school that receives funds from the Department for the purpose of providing special education and related services to students with disabilities.
(1)“Physical restraint” means a personal restriction that immobilizes a student or reduces the ability of a student to move their torso, arms, legs, or head freely that occurs during school hours.
(2)“Physical restraint” does not include:
(i)Briefly holding a student in order to calm or comfort the student;
(ii)Holding a student’s hand or arm to escort the student safely from one area to another;
(iii)Moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or
(iv)Breaking up a fight in the school building or on school grounds.
(e)“Public agency” means the Department, a local school system, the Maryland School for the Deaf, the Maryland School for the Blind, or the Juvenile Services Education Program.
(1)“Seclusion” means the confinement of a student alone in a room, an enclosure, or any other space from which the student is physically prevented from leaving during school hours.
(2)“Seclusion” does not include a behavior intervention plan of separating a student by placing the student:
(i)Into a nonlocked room from which the student is allowed to leave; or
(ii)Within a separate location in a classroom from which the student is not physically prevented from leaving.
(g)“Trauma–informed intervention” means an approach to behavior intervention that is informed by the recognition that the experience of trauma, including the experience of violence, abuse, neglect, disaster, terrorism, and war, may have a significant impact on an individual’s physical and emotional health and ability to function.