Maryland Code § ED-7-1101

Section ED-7-1101
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(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.
(d) (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.

(f) (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.

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