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Policy 9400 – Student Behavior Intervention

The purpose of this policy is to define the process by which the HCPSS promotes positive behavior interventions, strategies, and supports and adheres to a tiered system of proactive, positive behavior interventions in schools to ensure that in the use of exclusion as a form of student behavior intervention and physical restraint as a responsive crisis procedure is limited to necessary/critical situations as outlined in Section III.D.1 and Section III.E.1.

Policy Document

Implementation Procedures

I. Policy Value Statement

The Board of Education of Howard County (Board) is committed to providing a safe, engaging, and supportive school environment that fosters the social and emotional safety, dignity, and well-being of all students. The Board acknowledges the need for Howard County Public School System (HCPSS) employees to use an array of research-based positive behavior interventions, strategies, and a tiered system of supports to address student behaviors and keep students safe. The Board further acknowledges the need for HCPSS employees to minimize the practice of exclusion from the classroom environment and minimize the practice of physical restraint which may only be used after other less intrusive, nonphysical interventions have failed or been demonstrated inappropriate and when necessary to protect a student or other person from imminent, serious, physical harm. It is the expectation of the Board that HCPSS employees will be aware of and responsive to all incidents of exclusion or physical restraint and appropriately case manage impacted students to minimize unsafe behaviors and maximize instructional engagement.

II. Purpose

III. Standards

HCPSS employees will use effective classroom management strategies followed by a continuum of positive behavior interventions, strategies, and supports to increase or decrease targeted student behavior.
Students, parents, and HCPSS employees working directly with students may at any time request a meeting to consider the need to:
1. Conduct a Functional Behavior Assessment (FBA).
2. Develop, review, or revise a student’s Section 504 Plan, Individualized Education Program (IEP), or Behavior Intervention Plan (BIP).
All HCPSS certificated employees will complete training on Policy 9400 annually. HCPSS school-based non-certificated employees will be identified by the principal/designee to complete training on Policy 9400 annually.
Exclusion
1. Only trained HCPSS employees may use exclusion after a continuum of positive, less restrictive, or alternative approaches have been considered, and either attempted or determined to be ineffective or inappropriate for the maintenance of a safe, positive learning environment.
2. Trained HCPSS employees will only use exclusion:
  1. After less restrictive or alternative approaches have been considered, and;
    
    Attempted; or
    
    Determined to be inappropriate.
  2. In a humane, safe, and effective manner; and
  3. Without intent to harm or create undue discomfort; and
  4. Consistent with known medical or psychological limitations and the student’s BIP; and
  5. Consistent with an evidence-based, trauma-informed crisis prevention/intervention program.
3. Trained HCPSS employees may use exclusion to address a student’s behavior if the student’s behavior unreasonably interferes with the student’s learning or the learning of others.
4. Exclusion may also be used if a student’s behavior constitutes an emergency and exclusion is necessary to protect a student or other person from imminent, serious, physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate; or if exclusion is requested by the student; or if it is supported by the student’s BIP.
5. The setting used for student monitoring during exclusion will be consistent with the provisions of Maryland law and COMAR.
6. Each time a student is excluded, HCPSS school-based employees will document the incident on the HCPSS Incident Reporting form or Office Disciplinary Report.
Physical Restraint
1. The use of physical restraint on a student as a behavioral health intervention is prohibited in HCPSS unless:
  1. Physical restraint is necessary to protect the student or another individual from imminent serious physical harm; and
  2. Other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.
2. Only trained HCPSS employees may implement and monitor physical restraint after a continuum of positive, less restrictive or alternative approaches have been considered, and either attempted or determined to be ineffective or inappropriate for the maintenance of a safe, positive learning environment.
3. In applying physical restraint, trained HCPSS employees will only use reasonable force as is necessary to protect a student or other person from imminent, serious physical harm.
4. Physical restraint:
  1. Will be removed as soon as the student no longer poses a threat of imminent, serious physical harm;
  2. May not exceed 30 minutes.
5. In applying physical restraint, HCPSS employees may not:
  1. Place a student in a face down position;
  2. Place a student in any other position that will obstruct a student’s airway or otherwise impair a student’s ability to breathe, obstruct employees view of a student’s face, restrict a student’s ability to communicate distress, or place pressure on a student’s head, neck, or torso; or
  3. Straddle a student’s torso.
6. If physical restraint needs to be used consistent with Section III.D.1. of this policy, physical restraint may be included in a student’s Section 504 Plan, IEP, or BIP to address the student’s behavior in an emergency situation, provided that HCPSS employees:
  1. Review available data, including consultation with medical health professionals as appropriate, to identify whether the use of physical restraint may be unsafe based on medical history or past trauma,
  2. Identify in the student’s Section 504 Plan, IEP, or BIP the less intrusive, nonphysical interventions that will be used to respond to the student’s behavior until the physical restraint is used in an emergency situation, and
  3. Obtain written consent from the parent, consistent with §8-405, Education Article, Annotated Code of Maryland.
7. If physical restraint is used for a student with a disability, and the student’s Section 504 Plan, IEP, or BIP does not include the use of physical restraint, the Section 504 or IEP Team will meet, within ten (10) business days of the incident to discuss factors that may have contributed to the use of physical restraint (environmental factors, current skills, unmet needs) and consider:
  1. The need for a FBA;
  2. Developing appropriate behavioral interventions;
  3. Implementing a BIP;
  4. Training for HCPSS employees; and
  5. Revisions to the Section 504 Plan or IEP.
8. If the behavior of a student with a Section 504 Plan or IEP is adversely affected after the use of restraint or seclusion, the student’s Section 504 Plan or IEP Team will convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.
  
  If a student enrolled in the HCPSS is physically restrained ten (10) times or more in a school year, HCPSS will provide notification to the Maryland State Department of Education (MSDE) by submitting the Restraint and/or Seclusion Excessive Use: Part One Form. Notification will take place as soon as possible, but no longer than four (4) business days after the student’s 10th incident of physical restraint. This process repeats at every 10th incident thereafter.
9. If a student placed in a nonpublic school by HCPSS is physically restrained or placed in seclusion ten (10) times or more in a school year, the nonpublic school will provide notification to MSDE and HCPSS at the earliest opportunity, but no later than four (4) business days after the student’s 10th incident of physical restraint or seclusion and every 10th incident thereafter.
10. On receipt Within ten (10) business days from receipt of notice from a HCPSS school or Howard County nonpublic school, HCPSS employees will:
  1. Review the student’s case, including the circumstances of each incident of physical restraint;
  2. Assess the HCPSS school or nonpublic school’s pattern of behavioral health interventions to evaluate whether the HCPSS school or nonpublic school could use less restrictive behavioral health interventions; and
  3. Complete and submit the MSDE Restraint and/or Seclusion Excessive Use: Part Two Form to document recommendations; and
  4. Share the HCPSS’ recommendations with the HCPSS school or nonpublic or State school.
If excessive exclusion or physical restraint is used for a student who has not been identified as a student with a disability, the student will immediately be referred to the school’s Student Support Team (SST), Section 504 Team, or an IEP Team.
The use of corporal punishment or mechanical restraint are prohibited in HCPSS.
Seclusion
1. Seclusion is 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. HCPSS prohibits the use of seclusion in any and all circumstances within the public school setting.
HCPSS will provide professional development to designated HCPSS employees on the appropriate implementation of this policy and Maryland required positive behavioral intervention training annually.
Designated HCPSS employees will be trained and certified on how to administer physical restraint. Only those HCPSS certified employees may implement physical restraints.
Each school will establish and maintain a team trained to implement physical restraints in emergency situations.
Each time a student is physically restrained, HCPSS school-based employees will document the incident using a Restraint and/or Seclusion Single Incident of Restraint Form.
Monitoring and Compliance
1. HCPSS will review and collect data pertaining to physical restraint and forward it to the Department of Special Education and Department of Program Innovation and Student Well-Being. Data collected will be used by HCPSS employees to analyze the effectiveness of this policy and its procedures and to work with the Board to revise Policy 9400 as needed.
2. On or before December 1 each year, HCPSS will submit to MSDE a report for the prior school year on:
  1. The number of physical restraint and seclusion incidents, disaggregated by the student’s jurisdiction, disability, race, gender, age, and type of placement; and
  2. Professional development provided to designed school personnel related to positive behavioral interventions, strategies, and supports and trauma-informed interventions.
3. Additionally, HCPSS will collect the following data to aid in analysis:
  1. Total number of physical restraint incidents,
  2. Total number of students;
  3. Total number of students by school;
  4. The number of physical restraint incidents of each student who had at least one physical restraint incident;
  5. Type of physical restraint utilized;
  6. Length of time of physical restraint;
  7. Student’s gender, race, disability, age, grade, and type of placement;
  8. Total number of student and staff injuries related to implementation of physical restraint;
  9. Behaviors that precipitated the use of physical restraint; and
  10. Number of students referred to the school’s SST.
4. The Board will also be provided with summaries of action plans for any schools that fail to comply with any provision of §7-1102 through §7-1105 of the Education Article of the Annotated Code of Maryland or report to MSDE that a student has been physically restrained ten(10) times or more in a school year.
5. HCPSS will, upon request, submit any information regarding any matter related to physical restraint to MSDE.
6. On or before December 1 each year, HCPSS will submit to MSDE a report on steps taken to encourage positive behavioral interventions, including:
  1. The professional development provided to designated HCPSS employees related to positive behavioral interventions, strategies, and supports and trauma-informed interventions for the prior school year; and
  2. The policy changes or new professional development opportunities designed to further increase positive behavioral interventions and reduce physical restraint incidents in the upcoming school year.
7. HCPSS will submit a systemic, evidence-based corrective action plan to MSDE if an HCPSS school or nonpublic school where HCPSS is funding the placement of their students:
  1. Fails to comply with any provision of §7-1102 through §7-1105 of the Education Article of the Annotated Code of Maryland; or
  2. Reports to MSDE that a student has been physically restrained ten (10) times or more in a school year.
This policy does not prohibit HCPSS employees from initiating appropriate student disciplinary actions; nor does it prohibit law enforcement/school resource officers or judicial authorities from exercising their responsibilities.

IV. Responsibilities

The Superintendent/designee will implement this policy and will ensure that students, parents, and HCPSS employees are provided annual notice of the provisions of this policy.
The Departments of Special Education and Program Innovation and Student Well-Being will monitor the use of physical restraint.
School administrators and HCPSS supervisors will ensure that professional learning occurs annually for all HCPSS employees outlining the key components of this policy.
At the beginning of each school year, the principal/designee will identify a team of HCPSS employees who will receive professional development on student behavior interventions and serve as a schoolwide resource to assist in ensuring proper administration of this policy.
The principal will inform all HCPSS school-based employees that only trained and identified HCPSS employees may administer physical restraint.
The principal will inform all HCPSS school-based employees that use of prohibited methods is grounds for disciplinary action, up to and including termination.
The principal/designee will notify a parent both verbally and in writing, of an instance of physical restraint and the behavior that warranted the intervention.
The principal/designee will make every effort to notify a parent immediately, but no later than the day of the instance of physical restraint.
In cases whereby a student, HCPSS employee, or parent of a student feels there has been a violation or a misinterpretation of this policy or procedures, they should notify the principal and the Community Superintendent for the school.
The principal/designee and Community Superintendent will receive, investigate, and document complaints regarding exclusion and physical restraint practices.

V. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures for the implementation of this policy within the limits set forth in this policy.

VI. Definitions

Within the context of this policy, the following definitions apply:

Behavior Intervention Plan (BIP) – 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.
1. Clear and specifically defined targeted behaviors;
2. Data on the targeted behaviors, as collected through a functional behavior assessment;
3. Specific methods of data collection for progress monitoring; and
4. A hierarchy of responses to address student behavior.
Communicate – To convey information verbally or nonverbally that includes but is not limited to speech, gestures, symbols, and American Sign Language.
Corporal Punishment – Physical penalty or undue physical discomfort inflicted on the body of a student.
Debrief – An intentional process wherein a restraint incident is reviewed by HCPSS school-based employees in order to prevent future incidents and improve responses to the student’s challenging behavior. Debrief includes:
1. Review of the events leading up to the restraint incident;
2. Analysis of HCPSS employee compliance with an existing Section 504 Plan, IEP, or BIP; and
3. Consideration of new or additional behavioral strategies to address the behavior that led to the use of restraint.
Emergency – The presence of imminent serious physical harm to self or others, consistent with Section VI.J. It may not include verbal threats alone.
Exclusion – The removal of a student to a supervised area for a limited period of time during which the student has an opportunity to regain self-control and is not receiving instruction including special education, related services, or support.
Functional Behavior Assessment (FBA) – A systematic process of gathering information to guide the development of an effective and efficient BIP for the problem behavior.

Functional behavior assessment includes the:
1. Identification of the functions of the problem behavior for the student;
2. Description of the problem behavior exhibited in the educational setting; and
3. Identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time.
Health Care Practitioner:
1. A physician licensed to practice under Title 14 of the Health Occupations Article;
2. A psychologist licensed to practice under Title 18 of the Health Occupations Article;
3. A clinical social worker licensed to practice under Title 19 of the Health Occupations Article;
4. A registered nurse licensed to practice under Title 8 of the Health Occupations Article; or
5. A clinical professional counselor licensed under Title 17 of the Health Occupations Article.
HCPSS Employee – Any individual who is a permanent or temporary employee of the HCPSS whose compensation is paid in whole or part by the Board, including but not limited to, school-based administrators, teachers, substitute teachers, paraeducators, and other school-based and Central Office support staff.
Individualized Education Program (IEP) – Written description of the special education and related services for a student with a disability that is developed, reviewed, and revised by the student’s IEP Team.
Individualized Education Program (IEP) Team – A group of individuals, including parents, responsible for identifying and evaluating students with disabilities. The IEP Team develops, reviews, and/or revises an IEP for a student with a disability and determines placement in the least restrictive environment.
Mechanical Restraint – The use of any device or equipment to restrict a student’s freedom of movement.

Mechanical restraint does not include devices implemented by trained school personnel, or used by a student, that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, including:
1. Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;
2. Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
3. Restraints for medical immobilization; or
4. Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
Nonpublic School – A school that receives funds from the Maryland State Department of Education for the purpose of providing special education and related services to students with disabilities.
Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:
1. Biological Parent – A natural parent whose parental rights have not been terminated.
2. Adoptive Parent – A person who has legally adopted the student and whose parental rights have not been terminated.
3. Custodian – A person or agency appointed by the court as the legal custodian of the student and granted parental rights and responsibilities.
4. Guardian – A person who has been placed by the court in charge of the affairs of the student and granted parental rights and responsibilities.
5. Caregiver – An adult resident of Howard County who exercises care, custody, or control over the student but who is neither the biological parent nor legal guardian, as long as the person satisfies the requirements of the Education Article, §7-101 (c) (Informal Kinship Care) or has been issued a U.S. Department of Health and Human Services’ Office of Refugee Resettlement (ORR) Verification of Release form entering into a custodial arrangement with the federal government.
6. Foster Parent – An adult approved to care for a child who has been placed in their home by a state agency or a licensed child placement agency as provided by the Family Law Article, §5-507.
Physical Restraint – A personal restriction that immobilizes or reduces the ability of a student to move their torso, arms, legs, or head freely that occurs during school hours.

Physical restraint does not include:
1. Briefly holding a student in order to calm or comfort the student;
2. Holding a student’s hand or arm to escort the student safely from one area to another;
3. Moving a disruptive student who is unwilling to leave the area when other methods such as counseling have been unsuccessful; or
4. Breaking up a fight in the school building or on school grounds in accordance with §7-307, Education Article, Annotated Code of Maryland.
Positive Behavior Interventions, Strategies, and Support – The school-wide and individual application of data-driven, trauma-informed actions, instruction, and assistance to promote positive social and emotional growth while preventing or reducing challenging behaviors in an effort to encourage educational and social emotional success.
Protective or Stabilizing Device – Any device or material attached to or adjacent to the student’s body that restricts freedom of movement or normal access to any portion of the student’s body for the purpose of enhancing functional skills, preventing self-injurious behavior, or ensuring safe position of a person. Protective or stabilizing devices include:
1. Adaptive equipment prescribed by a health professional, if used for the purpose for which the device is intended by the manufacturer.
2. Seat belts or other safety equipment to secure students during transportation in accordance with HCPSS school transportation plans.
Seclusion – 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. The HCPSS prohibits the use of seclusion in any and all circumstances within the public school setting.

Seclusion does not include a BIP of separating a student by placing the student:
1. Into a nonlocked room from which the student is allowed to leave; or
2. Within a separate location in a classroom from which the student is not physically prevented from leaving.
Serious Physical Harm/Serious Bodily Injury – Bodily injury which involves:
1. A substantial risk of death
2. Extreme physical pain
3. Protracted and obvious disfigurement
4. Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Section 504 Plan – A written document developed for an eligible student that allows the student to receive a free and appropriate public education in the least restrictive environment.
Section 504 Team – A group of individuals possessing knowledge of a student, the student’s evaluation data, placement options, Section 504, and this policy. The team may consist of the student’s parent, the student him/herself, the student’s teacher, the school counselor, the case manager, the principal/designee, and the school-based professional qualified to interpret the implications of evaluations.
Student Support Team (SST) – A diverse group of HCPSS school-based educators, that may include school counselors, psychologists, administrators, nurses, and teachers, that meets regularly to discuss the educational and behavioral needs of students. When necessary, this group also collaboratively develops interventions to support the specific needs of students.
Trauma-Informed Intervention – 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.

VII. References

A. Legal

Md. Ann. Code, Education Article, §7-306 and §7-307
Md. Ann. Code, Education Article, §7-1101-§7-1107
Md. Ann. Code, Education Article, §8-405
Md. Ann. Code, Family Law Article, §5-507
COMAR 13A.08.04, Student Behavior Interventions

B. Board Policies

C. Relevant Data Sources

D. Other

HCPSS Student and Parent Handbook
HCPSS Student Code of Conduct
Restraint Quarterly Reporting Form
Restraint and/or Seclusion Excessive Use: Part One Form
Restraint and/or Seclusion Excessive Use: Part Two Form
Restraint and/or Seclusion Single Incident Restraint Form

VIII. History

ADOPTED: June 8, 2017

REVIEWED: January 27, 2023

MODIFIED:

September 5, 2019
March 10, 2022
August 1, 2022
August 16, 2022
May 9, 2024

REVISED:

EFFECTIVE: May 9, 2024

Policy History Key

Adopted-Original date the Board took action to approve a policy
Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.