Maryland

“Mechanical restraint” means the use of any device or equipment to restrict a student’s freedom of movement. “Mechanical restraint” does not include devices implemented by trained school personnel, or used by a student, that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, including adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; restraints for medical immobilization; or orthopedically prescribed devices that permit a student to participate in activities without risk of harm.

“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. “Physical restraint” does not include briefly holding a student in order to calm or comfort the student; holding a student’s hand or arm to escort the student safely from one area to another; moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or breaking up a fight in the school building or on school grounds in accordance with Education Article §7-307, Annotated Code of Maryland.

COMAR 13A.08.04, which governs restraint and seclusion in Maryland public agencies and nonpublic schools, does not include or define chemical restraint in the school regulations.

“Time-out” means the removal of a child to a supervised area, which is unlocked and free of structural barriers that prevent egress for a limited period of time during which the child has an opportunity to regain self-control and is not participating in program activities.

“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 behavior intervention plan of separating a student by placing the student into a nonlocked room from which the student is allowed to leave, or within a separate location in a classroom from which the student is not physically prevented from leaving.

Maryland does not provide a specific definition for "corporal punishment" in the context of school discipline, but does say that corporal punishment may not be used to discipline a student in a public school in the State.

A room used for seclusion shall, at a minimum, be free of objects and fixtures with which a student could self-inflict bodily harm, provide school personnel an adequate view of the student from all angles, and provide adequate lighting and ventilation. The door of a seclusion room shall not be fitted with a lock unless it releases automatically when not physically held in the locked position by school personnel on the outside of the door.

(c) (1) A student shall not be subjected to an emergency safety intervention if the student is known to have a medical condition that could put the student in mental or physical danger as a result of the emergency safety intervention. (2) The existence of the medical condition shall be indicated in a written statement from the student's licensed health care provider, a copy of which shall be provided to the school and placed in the student's file. The written statement shall include an explanation of the student's diagnosis, a list of any reasons why an emergency safety intervention would put the student in mental or physical danger, and any suggested alternatives to the use of emergency safety interventions. (3) In spite of the provisions of this subsection, a student may be subjected to an emergency safety intervention if not subjecting the student to an emergency safety intervention would result in significant physical harm to the student or others.

Mechanical restraint. The use of mechanical restraint is prohibited in public agencies and nonpublic schools unless a public agency or nonpublic school is accredited by and meets the requirements of the Joint Commission. Section A(2)(a) of this regulation does not prohibit school personnel from using a protective or stabilizing device as prescribed by a health professional, or for a student with a disability, in accordance with the student’s IEP or behavior intervention plan.

Maryland does not provide specific criteria for the use of chemical restraints in schools.

(c) (1) A student shall not be subjected to an emergency safety intervention if the student is known to have a medical condition that could put the student in mental or physical danger as a result of the emergency safety intervention. (2) The existence of the medical condition shall be indicated in a written statement from the student's licensed health care provider, a copy of which shall be provided to the school and placed in the student's file. The written statement shall include an explanation of the student's diagnosis, a list of any reasons why an emergency safety intervention would put the student in mental or physical danger, and any suggested alternatives to the use of emergency safety interventions. (3) In spite of the provisions of this subsection, a student may be subjected to an emergency safety intervention if not subjecting the student to an emergency safety intervention would result in significant physical harm to the student or others.

Maryland does not allow the use of corporal punishment in schools.

(11) "Written guidelines and procedures" means the written guidelines and procedures adopted by a public school governing authority regarding appropriate responses to student behavior that may require immediate intervention.

Yes

Documentation of the Use of Restraint. Each time school personnel use restraint on a student, school personnel involved in the restraint shall debrief and document the incident using a form developed by the Department that includes: other less intrusive, nonphysical interventions that have failed or been determined inappropriate; the precipitating event immediately preceding the behavior that prompted the use of restraint; the behavior that prompted the use of a restraint; the type of restraint; the length of time in restraint; the student’s behavior and reaction during the restraint; the names of the school personnel who observed the behavior that prompted the use of restraint; the names and signatures of the school personnel implementing and monitoring the use of restraint; and the name and signature of the administrator informed of the use of restraint. The debrief and documentation shall occur as soon as possible after the event. The documentation described in §A(3) of this regulation shall be maintained in the student’s educational record and available for inspection by the student’s parent or legal guardian in accordance with COMAR 13A.08.02. Each time restraint is used, parents shall be provided oral or written notification within 24 hours. Documentation of Seclusion. Each time a student is placed in seclusion, school personnel involved in the seclusion incident shall debrief and document the incident using a form developed by the Department that includes: other less intrusive interventions that have failed or been determined inappropriate; the precipitating event immediately preceding the behavior that prompted the use of seclusion; the behavior that prompted the use of seclusion; the length of time in seclusion; the student’s behavior and reaction during the seclusion; the names and signatures of the school personnel implementing and monitoring the seclusion; and the name and signature of the administrator informed of the use of seclusion. The documentation described in §B(8) of this regulation shall be maintained in the student’s educational record and available for inspection by the student’s parent or legal guardian in accordance with COMAR 13A.08.02. Each time seclusion is used, school personnel shall provide the student’s parent with verbal notification or send written notice within 24 hours.

Each incident of restraint or seclusion must be documented, including details such as the precipitating event, the behavior that prompted the intervention, the type and duration of restraint or seclusion, the student's behavior and reaction, and the names of staff involved. This documentation must be maintained in the student's educational record and made available for inspection by the student's parent or legal guardian.

Each incident must be reported to the student's parent or guardian within 24 hours, and documented in the student's educational records as soon as practicable.

(c) Actual data values shall be used when providing statewide aggregate data for the reports.

Annual reports are due on or before December 1 each year, covering data from the prior school year.

https://marylandpublicschools.org/about/Pages/DSFSS/SSSP/PhysicalRestraintSeclusion/reports.aspx

Public Schools, Private Schools, Charter Schools

Professional Development. Each public agency and nonpublic school shall provide professional development to school personnel designated by a school administrator to use restraint or seclusion on this chapter and the appropriate implementation of policies and procedures developed in accordance with §A of this regulation. At the beginning of each school year, each public agency and nonpublic school shall identify school personnel authorized to serve as a school-wide resource to assist in ensuring proper administration of exclusion, restraint, and seclusion. The school personnel described in §C(1) and §C(2) of this regulation shall receive training in current professionally accepted practices and standards regarding positive behavior interventions strategies and supports, including methods for identifying and defusing potentially dangerous behavior; trauma-informed intervention; functional behavior assessment and behavior intervention planning; exclusion; restraint and alternatives to restraint; seclusion; symptoms of physical distress and positional asphyxia; first aid and cardiopulmonary resuscitation (CPR); and individualized behavior interventions based on student characteristics, including disability, medical history, and past trauma. The professional development described in §C(3) of this regulation shall include a written examination and physical demonstration of proficiency in the described skills and competencies.