Restraint and Seclusion

Definitions

• Restraint means the use of a physical or mechanical restraint.

• Physical Restraint means the use of physical force, without the use of any device or material, to restrict the free movement of all or a portion of a student’s body during school hours.

• • • “Physical restraint” does not include:

      • Briefly holding a student to calm or comfort the student;

      • A physical escort, which is the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purposes of inducing a student who is acting out to walk to a safe location;

      • Moving a disruptive student who is unwilling to leave the area if other methods such as counseling have been unsuccessful; or

      • Intervening in a fight.

• 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.

  • • Seclusion does not include a timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

Seclusion

Effective July 1, 2022, the use of seclusion is strictly prohibited in all Maryland public schools. Seclusion may be used in nonpublic schools and pursuant to Maryland law. No MCPS school shall use seclusion as a behavior management strategy.

Restraint

The use of physical restraint is prohibited in public agencies and nonpublic schools until there is an emergency situation and physical restraint is necessary to protect a student or other person from imminent, serious, physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate.

Once physical restraint has been used or school personnel have made a student-specific determination that it may need to be used, physical restraint may be included in a student's behavioral intervention plan or IEP to address the student's behavior in an emergency situation, provided that school personnel:

• Review available data to identify any contraindications to the use of physical restraint based on medical history or past trauma, including consultation with medical or mental health professionals as appropriate;

• Identify the less intrusive, nonphysical interventions that will be used to respond to the student's behavior until physical restraint is used in an emergency situation; and

• Obtain written consent from the parent, consistent with.

Physical restraint shall be applied only by school personnel who are trained in the appropriate use of physical restraint consistent. In applying physical restraint, school personnel shall only use reasonable force as is necessary to protect a student or other person from imminent, serious, physical harm. Each time restraint is used, parents shall be provided oral or written notification within 24 hours, unless otherwise provided for in a student's behavior intervention plan or IEP

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 MSDE and to MCPS's central office at the earliest opportunity. Upon notification of a student being restrained 10 times or more in a school MCPS shall convene an IEP meeting, review each restraint, determine if any less restrictive means of behavior management can be used and share any recommendations with MSDE.

Legal Authority:

COMAR 13A.08.04.02; SB0705, 2022 Legislative Session; Md. Education Code Ann. 7-1104 et seq.; Md. Education Article, § 8-405