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Policy 9400 – Student Behavior Intervention

The purpose of this policy is to define the process by which the HCPSS promotes, and staff implement, a tiered system of proactive, positive behavior interventions in schools to ensure that the use of exclusion as a form of student behavior response and physical restraint as a responsive crisis procedure is limited to necessary/critical situations as outlined in Section III.B.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 and free of harm. The Board further acknowledges the need for HCPSS employees to minimize the use of exclusion from the classroom environment and minimize the use of physical restraint. Physical restraint may result in harm and/or trauma for both the students restrained and the HCPSS employees who implement the restraint, therefore, it 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 knowledgeable of and implement proactive positive behavior interventions in an effort to reduce the need for exclusion or physical restraint. When incidents of exclusion or physical restraint do occur, HCPSS employees will provide appropriate support to impacted students to minimize unsafe behaviors and maximize instructional engagement. These supports are crucial for all HCPSS students and employees. The Board recognizes that in order to reduce the use of restraint and eliminate the disproportionate impact on students by race and disability, a collaborative and multi-disciplinary team approach is needed.

II. Purpose

III. Standards

HCPSS employees will ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.04.03, Student Behavior Interventions.
1. HCPSS employees will use effective classroom management strategies and an array of positive behavior interventions, strategies, and supports to increase or decrease targeted student behaviors.
2. Trained HCPSS employees will only use exclusion or, restraint, or seclusion:
  1. After less restrictive or alternative approaches have been:
    
    Attempted; or
    
    Demonstrated to be inappropriate;
  2. In a humane, safe, and effective manner;
  3. Without intent to harm or create undue discomfort;
  4. Consistent with known medical or psychological limitations and the student’s behavioral intervention plan; and
  5. Consistent with an evidence-based, trauma-informed crisis prevention intervention program.
3. HCPSS employees conducting an escort will use a natural position and safe manner, such as the temporary touching or holding of the hand, wrist, arm, shoulder, or back for purposes of guiding a disruptive student to another location. A physical escort is not a prolonged action and does not restrict the student’s ability to move freely. It is limited in duration and physical touch and most importantly allows the student to move in a natural manner from one place to another using their own physical ability.
4. This policy does not prohibit:
  1. HCPSS employees from initiating appropriate student disciplinary actions.
  2. HCPSS employees from breaking up a fight in the school building or on school grounds in accordance with §7-307, Education Article, Annotated Code of Maryland.
  3. Law enforcement, judicial authorities, or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk in accordance with relevant law, regulation, policy, or procedures.
  4. Law enforcement officers, including School Resource Officers (SROs), from using mechanical restraints (including handcuffs) and restraining a student in a face down (prone) position.
HCPSS employees will ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.04.04, Use of Exclusion.
1. HCPSS employees may use exclusion to address a student’s behavior:
  1. If the student’s behavior unreasonably interferes with the student’s learning or the learning of others;
  2. If the 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 demonstrated inappropriate;
  3. If exclusion is requested by the student; or
  4. If supported by the student’s Behavior Intervention Plan (BIP).
2. A setting used for exclusion will:
  1. Provide HCPSS employees with the ability to see the student at all times;
  2. Provide adequate lighting, ventilation, and furnishings; and
  3. Be unlocked and free of barriers to prevent egress.
3. HCPSS employees will monitor a student placed in exclusion and provide a student in exclusion with:
  1. An explanation of the behavior that resulted in the removal;
  2. Instructions on the behavior required to return to the learning environment; and
  3. An opportunity for the student to communicate a perspective regarding their thoughts of the incident and their actions.
4. HCPSS employees will ensure that each period of exclusion:
  1. Is appropriate to the developmental level of the student and the severity of the behavior;
  2. Provides support to increase the student’s self-regulation in order to return to the instructional setting; and
  3. Does not exceed 30 minutes.
5. Parents and HCPSS employees may at any time request a meeting to address the use of exclusion and to:
  1. Conduct a functional behavioral assessment; and
  2. Develop, review, or revise a student’s Section 504 Plan, Individualized Education Program (IEP), or BIP.
6. HCPSS employees will consider the need to initiate a referral to a Section 504 or IEP Team if a student who has not been formally identified as a student with disability has experienced excessive (10 or more exclusions in a single school year), to determine if the student has a disability that may require the provision of accommodations, modifications, or special education and related services.
7. If exclusion is included on a student’s Section 504 Plan, IEP, or BIP, the student’s IEP or BIP will specify how often the Section 504 or IEP Team will meet to review or revise, as appropriate, the student’s Section 504 Plan, IEP, or BIP.
8. HCPSS employees will ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.03, if a student with a disability has experienced an excessive period of exclusion that may result in a change of placement.
HCPSS employees will ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.04.05, General Requirements for the Use of Restraint or Seclusion.
1. Use of Restraint
  1. Physical Restraint
    
    The use of physical restraint as a crisis procedure is prohibited in HCPSS and nonpublic schools unless:
    
    Physical restraint is necessary to protect the student or another person from imminent serious physical harm; and
    
    Other, less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.
    
    Physical restraint will only be implemented and monitored by HCPSS employees who are trained in the appropriate use of physical restrain consistent with Section III.D.4. of this policy.
    
    In applying physical restraint, HCPSS employees will only use reasonable force as is necessary to protect a student or other person from imminent, serious physical harm.
    
    Physical restraint:
    
    Will be removed as soon as the student no longer poses a threat of imminent, serious physical harm;
    
    May not exceed 30 minutes.
    
    In applying physical restraint, HCPSS employees may not:
    
    Place a student in a face down (prone) position;
    
    Place a student in any other position that will obstruct a student’s airway or otherwise impair a student’s ability to breathe, obstruct HCPSS 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;
    
    Straddle a student’s torso; or
    
    Place a student on their back (supine position).
  2. Mechanical Restraint
    
    The use of mechanical restraint is prohibited by HCPSS employees.
    
    This policy does not prohibit HCPSS employees from using a protective or stabilizing device.
    
    As prescribed by a health professional; or
    
    For a student with a disability, in accordance with the student’s IEP or BIP.
  3. Document of the Use of Restraint
    
    Each time HCPSS employees use restraint on a student, employees involved in the restraint will debrief and document the incident using the Single Incident of Restraint Form that includes:
    
    Other less intrusive, nonphysical interventions that have failed or been demonstrated inappropriate;
    
    The precipitating event immediately preceding the behavior that prompted the use of restraint;
    
    The behavior that prompted the use of a restraint;
    
    The type of restraint;
    
    The length of time in restraint;
    
    The student’s behavior and reaction during the restraint;
    
    The names of the HCPSS employees who observed the behavior that prompted the use of restraint;
    
    The names and signatures of the HCPSS employees implementing and monitoring the use of restraint;
    
    The name of HCPSS employees who complete the required health assessment and any injuries that occurred; and
    
    The name and signature of the administrator informed of the use of restraint.
    
    The debrief and documentation will occur as soon as possible after the event.
  4. The documentation described in Section III.C.1.d. of this policy will be maintained in the student’s educational record and available for inspection by the student’s parent in accordance with COMAR 13A.08.02.
  5. Each time restraint is used, parents will be provided oral communication as soon as possible, but no later than the day of the incident.
  6. Written notification to include items identified in Section III.C.1.c.1-7. of this policy will be provided within 24 hours.
  7. A copy of the completed and signed Single Incident of Restraint Form will be provided, as soon as the debrief section is complete, but no longer than ten (10) school days.
2. Use of 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.
3. Referral to a Student Services, Section 504, or IEP Team.
  1. If physical restraint is used for a student who has not been formally identified as a student with a disability, the student will immediately be referred to the school’s Student Support Team (SST), Section 504, or IEP Team.
  2. 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 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:
    
    The need for a functional behavioral assessment;
    
    Developing appropriate behavioral interventions;
    
    Implementing a BIP;
    
    Training for HCPSS employees; and
    
    Revisions to the Section 504 Plan or IEP.
  3. If the behavior of a student with a Section 504 Plan or IEP is adversely affected after the use of restraint, the student’s 504 or IEP Team will convene a meeting on an expedited basis or at the earliest opportunity to discuss alternative behavioral health treatments.
  4. Physical restraint needs to be used consistent with Section III.B.c. 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, crisis, situation, provided that HCPSS employees:
    
    Determine restraint has been used with the student;
    
    Review available academic and behavioral data to identify any contraindications to the use of physical restraint based on medical history or past trauma, including consultation with health care practitioners as appropriate;
    
    Identify the less intrusive, nonphysical interventions that will be used to respond to the student’s behavior prior to the consideration of physical restraint in an emergency situation; and
    
    Obtain informed written consent from the parent, consistent with Section III.C. of this policy.
  5. If restraint is used for a student with a disability, and the Section 504 Plan, IEP, or BIP includes the use of restraint, the student’s IEP or behavior intervention plan will specify how often the Section 504 or IEP Team will meet to review or revise, as appropriate, the student’s Section 504 Plan, IEP, or BIP.
    
    When a Section 504 or IEP Team meets to review or revise a student’s Section 504 Plan, IEP, or BIP, as specified in Section III.C. of this policy, the Section 504 or IEP Team will consider:
    
    Existing health, physical, psychological, and psychosocial information, including any contraindications to the use of restraint or seclusion based on medical history or past trauma;
    
    Information provided by the parent;
    
    Observations by teachers and related service providers;
    
    The student’s current placement; and
    
    The frequency and duration of restraint incidents and behavior events that occurred since the IEP Team last met.
  6. The HCPSS will provide the parent of the student with written notice in accordance with COMAR 13A.05.01.12A when a Section 504 or IEP Team proposes or refuses to initiate or change the student’s Section 504 Plan, IEP, or BIP that includes the use of restraint.
  7. Parental Consent.
    
    The SST, Section 504, or IEP Team will obtain the informed written consent of the parent if the team proposes to include restraint in the Section 504 Plan, IEP, or BIP to address the student’s behavior.
    
    If the parent does not provide informed written consent, the team will send the parent written notice within five (5) business days of the team meeting that states:
    
    The parent has the right to either consent or refuse to consent to the use of restraint; and
    
    If the parent does not provide written consent or a written refusal within 15 business days of the team meeting, the team may implement the proposed use of restraint.
    
    Written Refusal.
    
    If the parent of a student with an IEP provides written refusal, the IEP Team may use the dispute resolution options listed in Education Article, §8-413, Annotated Code of Maryland, to resolve the matter.
    
    If the parent of a student with a Section 504 Plan or BIP from the SST provides written refusal, there is no right to the dispute resolution options listed in the Education Article, §8-413, Annotated Code of Maryland, to resolve the matter.
HCPSS employees will ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.04.06, Administrative Procedures.
1. The HCPSS will annually review policies and procedures and provide them to parents. 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.
2. Professional Development.
  1. HCPSS will provide professional development annually to HCPSS employees designated by a school-based administrator on the appropriate implementation of this policy and procedures.
  2. At the beginning of each school year, each school will identify a team to serve as a school-wide resource to assist in ensuring proper administration of exclusion and restraint.
  3. The HCPSS employees described in Section III.D.4.a. and Section III.D.4.b. of this policy will receive training in current professionally accepted practices and standards regarding:
    
    Positive behavior interventions, strategies, and supports, including methods for identifying and defusing potentially dangerous behavior;
    
    Trauma-informed intervention;
    
    Functional behavior assessment and behavior intervention planning;
    
    Exclusion;
    
    Restraint and alternatives to restraint;
    
    Seclusion;
    
    Symptoms of physical distress and positional asphyxia;
    
    First aid and cardiopulmonary resuscitation (CPR); and
    
    Individualized behavior interventions based on student characteristics, including disability, medical history, and past trauma.
  4. The professional development described in Section III.D.4.c. of this policy will include a written examination and physical demonstration of proficiency in the described skills and competencies.
3. Monitoring and Compliance
  1. The HCPSS will develop policies and procedures on:
    
    Monitoring the use and documentation of exclusion and restraint; and
    
    Receiving and investigating complaints regarding exclusion and restraint.
  2. The Maryland State Department of Education (MSDE) may monitor and request any information regarding any matter related to exclusion or restraint implemented by HCPSS. MSDE will provide written notice of the requested information and specify the time and the manner in which HCPSS will respond to the request.
4. Notice of Student’s Tenth Incident of Physical Restraint or Seclusion.
  1. If a student enrolled in HCPSS is physically restrained ten (10) times or more in a school year, HCPSS will provide notice to the MSDE and the local school system at the earliest opportunity, but not longer than four (4) business days after the student’s tenth incident of physical restraint and every tenth incident thereafter.
  2. If a student placed in a nonpublic school by the local school system is physically restrained or placed in seclusion ten (10) times or more in a school year, the nonpublic school will provide notice to both MSDE and HCPSS at the earliest opportunity, but not longer than four (4) business days after the student’s tenth incident of physical restraint or seclusion and every tenth incident thereafter.
5. Review, Assessment, and Recommendations.
  
  Within ten (10) business days from the notice to MSDE under Section III.D.6.a. and Section III.D.6.b. of this policy, the HCPSS will:
  1. Review the student’s case, including the circumstances of each incident of physical restraint;
  2. Assess the HCPSS school’s or nonpublic school’s pattern of crisis and behavioral health interventions to evaluate whether the HCPSS or nonpublic school could use less restrictive crisis and behavioral health interventions;
  3. Share the HCPSS’s recommendations with the MSDE and the HCPSS school or nonpublic school.
6. Corrective Action.
  1. MSDE will require HCPSS to submit a corrective action plan to MSDE, within a time period prescribed by the MSDE, if HCPSS:
    
    Fails to comply with any provision of §7-1102 through §7-1105 of the Education Article of the Annotated Code of Maryland; or chapter; or
    
    Reports to the MSDE that a student has been physically restrained ten (10) times or more in a school year.
  2. The MSDE may require different or additional student specific or systemic corrective action within a prescribed time period as determined appropriate by the MSDE.
HCPSS employees will ensure the implementation of appropriate procedures, in accordance with COMAR 13A.08.04.07, Annual Data Reporting.
1. Restraint Data Reporting
  1. On or before December 1 each year, HCPSS will submit to MSDE and the Board of Education a report for the prior school year on:
    
    The number of physical restraint incidents, disaggregated by the student’s jurisdiction, disability, race, gender, age, and type of placement;
    
    The number of physical restraint incidents for each student who had at least one physical restraint incident, disaggregated by jurisdiction, disability, race, gender, age, and type of placement;
  2. MSDE will verify the accuracy of a report if HCPSS reports no physical restraint incidents under Section III.E.1.a.i. of this policy.
  3. If MSDE is unable to verify the accuracy of a report submitted by HCPSS, MSDE will make recommendations for improvements in data collection and positive behavioral interventions.
2. Additionally, HCPSS will collect the following data to aid in analysis:
  1. Total number of students;
  2. Total number of students by school;
  3. The number of physical restraint incidents of each student who had at least one physical restraint incident;
  4. Type of physical restraint utilized;
  5. Length of time of physical restraint;
  6. Student’s grade level;
  7. Total number of HCPSS student and employee injuries related to implementation of physical restraint; and
  8. Number of students referred to the school’s SST.
3. Positive Behavioral Interventions Data Reporting
  
  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;
  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.

IV. Responsibilities

Student Behavior Interventions

The Departments of Special Education and Student Well-Being will provide training to HCPSS employees on the effective use of classroom management strategies and positive behavior interventions, strategies, and supports to increase or decrease targeted student behaviors.
Use of Exclusion

The Departments of Special Education and Student Well-Being will provide training to HCPSS employees on the use of Exclusion.
General Requirements for the Use of Restraint
1. 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 as described in Section III.C.1.e-g. of this policy.
2. In cases where 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 Director or Executive Director of Schools.
3. The principal/designee and/or the Director of Schools, in consultation with employees from the Department of Special Education and/or Student Well-Being will receive, investigate, and document complaints regarding exclusion and physical restraint practices.
Administrative Procedures
1. 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.
2. The Departments of Special Education and Student Well-Being will monitor the use of physical restraint.
3. School administrators and HCPSS supervisors will ensure that professional learning occurs annually for all HCPSS employees outlining the key components of this policy.
4. 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.
5. The principal will inform all HCPSS school-based employees that only trained and identified HCPSS employees may administer physical restraint.
6. The principal will inform all HCPSS school-based employees that use of prohibited methods is grounds for disciplinary action, up to and including termination.
Annual Data and Reporting

HCPSS employees from the Department of Special Education, the Department of Student Well-Being, and the Office of Data Warehouse and Reporting will report data to MSDE and the Board of Education.

V. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures for the implementation of this policy within the limits set forth by 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.T. 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 HCPSS employees, 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 (MSDE) 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 Escort – The temporary touching or holding of the hand, wrist, arm, shoulder, or back for purposes of guiding a disruptive student to another location. A physical escort is not a prolonged action and does not restrict the student’s ability to move freely. It is limited in duration and physical touch and most importantly allows the student to move in a natural manner from one place to another using their own physical ability.
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. 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; or
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, 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: June 12, 2025

EFFECTIVE: July 1, 2025

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.