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Statutes Text

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.