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Statutes Text

Article - Education


    (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 the use of physical force, without the use of any device or material, to restrict the free movement of all or a portion of a student’s body.

        (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, or the Maryland School for the Blind.

    (f)    “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.

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