Article - Education
(a) The State Superintendent shall convene a task force in accordance with this section.
(b) The task force shall consist of:
(1) One member of the Senate, appointed by the President of the Senate;
(2) One member of the House of Delegates, appointed by the Speaker of the House; and
(3) The following members appointed by the State Superintendent:
(i) Representatives of the Department;
(ii) Representatives of local school systems, including teachers, administrators, school psychologists, and social workers;
(iii) Representatives of advocacy communities;
(iv) Representatives from nonpublic special education facilities;
(v) Individuals with knowledge of and expertise in positive behavioral interventions;
(vi) Representatives of students with disabilities; and
(vii) Individuals with clinical expertise regarding children who have sustained abuse, neglect, or trauma.
(c) The task force shall consider:
(1) The circumstances under which, and the schools or types of schools in which, restraint and seclusion shall be prohibited;
(2) Contraindications for restraint and seclusion and who may authorize restraint and seclusion;
(3) Definitions of “positive behavioral supports”, “behavior interventions and strategies plan”, and “trauma–informed interventions”;
(4) 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, and trauma–informed interventions;
(5) Minimum requirements for policies and procedures to be developed by local school systems, State operated programs, and nonpublic schools; and
(6) Standards for monitoring compliance by local school systems, State operated programs, and nonpublic schools with the requirements of this subtitle.
(d) The task force shall:
(1) Review existing regulations relating to seclusion; and
(2) On or before October 1, 2017, make recommendations to the State Board and, in accordance with § 2–1257 of the State Government Article, to the General Assembly regarding:
(i) Findings and recommendations determined under this section, including consideration of the following factors if the task force determines that there are circumstances under which seclusion may be used:
1. The types of doors and locking mechanisms that may be used;
2. The safety of the rooms used for seclusion;
3. The requirements for observation of the rooms used for seclusion;
4. The period of time for the use of seclusion; and
5. The requirements for the discontinuation of seclusion; and
(ii) Changes that are needed to update regulations to be consistent with § 7–1103 of this subtitle or any other findings and recommendations.
(e) The Department shall submit proposed regulations to the State Board of Education on or before December 1, 2017.