(a) (1) On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report for the prior school year on: (i) The number of physical restraint incidents, disaggregated by the student's jurisdiction, disability, race, gender, age, and type of placement; (ii) The number of physical restraint incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, age, and type of placement; (iii) For nonpublic schools, the number of seclusion incidents, disaggregated by the student's jurisdiction, disability, race, gender, and age; and (iv) For nonpublic schools, the number of seclusion incidents for each student who had at least one physical restraint or seclusion incident, disaggregated by jurisdiction, disability, race, gender, and age. (2) To determine the number of incidents for the report required under paragraph (1) of this subsection: (i) A seclusion incident shall be considered ended if at any point during the incident the student is no longer prevented from leaving or is removed from a room, an enclosure, or other space; and (ii) If after a seclusion incident has ended in accordance with item (i) of this paragraph, the public agency or nonpublic school determines that it is necessary to place the student in seclusion again, the subsequent confinement of the student in a room, enclosure, or other space shall be considered a separate seclusion incident. (3) (i) The Department shall verify the accuracy of a report from any public agency or nonpublic school that reports no physical restraint or seclusion incidents under this subsection. (ii) If the Department is unable to verify the accuracy of a report submitted by a public agency or nonpublic school, the Department shall make recommendations for improvements in data collection and positive behavioral interventions at the public agency or nonpublic school. (b) On or before December 1 each year, each public agency and nonpublic school shall submit to the Department a report on steps taken to encourage positive behavioral interventions, including: (1) The professional development provided to designated school personnel related to positive behavioral interventions, strategies, and supports and trauma-informed interventions for the prior school year; (2) For nonpublic schools, the policy changes made to further reduce the use of seclusion incidents during the prior school year; and (3) The policy changes or new professional development opportunities designed to further increase positive behavioral interventions and reduce physical restraint or seclusion incidents in the upcoming school year. (c) Each nonpublic school shall: (1) Personally observe and review seclusion rooms; (2) Review training plans for the use of seclusion; and (3) Report to the Department regarding findings made under items (1) and (2) of this subsection. (d) (1) The Department shall: (i) Provide guidance to nonpublic schools regarding the requirements of the use of seclusion and rooms for seclusion; (ii) Develop an accountability system to measure compliance by public agencies and nonpublic schools with COMAR 13A.08.04 and any other regulations adopted to implement this subtitle; (iii) Analyze the data and information collected under this section to determine trends and patterns in behavioral interventions; and (iv) Report to the General Assembly, in accordance with § 2- 1257 of the State Government Article, regarding findings and recommendations reported to the Department under this section. (2) (i) In the report required under paragraph (1)(iv) of this subsection, the Department shall provide data for public agencies and nonpublic schools by school, subject to State and federal privacy laws. (ii) The data provided under this paragraph shall be presented in a manner that accounts for variation in enrollment between schools. (3) Within 30 days of submitting the report required under paragraph (1)(iv) of this subsection, the Department shall publish the report on its website.
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