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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 to ensure consistency in the use of exclusion and physical restraint as forms of student behavior interventions in schools and to ensure that the use is limited to necessary/critical situations.

Policy Document

Implementation Procedures

I. Policy Value Statement

The Board of Education 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 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 determined 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 school employees 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 Behavior Intervention Plan (BIP).
Exclusion
1. Only trained school 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 employees will only use exclusion in a humane, safe, and effective manner; without intent to harm or create undue discomfort; and consistent with known medical or psychological limitations and the student’s BIP.
3. Trained school 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. A setting used for exclusion will be consistent with the provisions of Maryland law and COMAR.
Physical Restraint
1. Only trained school employees may use 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.
2. Trained employees will only use physical restraint in a humane, safe, and effective manner; without intent to harm or create undue discomfort; and consistent with known medical or psychological limitations and the student’s BIP.
3. 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.
4. If an emergency situation results in the use of physical restraint or school employees have made a student-specific determination that it may need to be used consistent with Section III.D.3. of this policy, physical restraint may be included in a student’s BIP or Individualized Education Program (IEP) to address the student’s behavior in an emergency situation, provided that school 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 IEP or BIP the less intrusive, non-physical 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 Section 8-405, Education Article, Annotated Code of Maryland.
5. If physical restraint is used for a student with a disability, and the student’s IEP or BIP does not include the use of physical restraint, the IEP team or 504 team will meet, within 10 business days of the incident to consider: the need for a functional behavior assessment; developing appropriate behavioral interventions; and implementing a BIP.
6. If a student enrolled in the HCPSS is physically restrained 10 times or more in a school year, the school will provide notification to the Maryland State Department of Education (MSDE) and the HCPSS at the earliest opportunity, but no longer than four (4) business days after the student’s 10th incident of physical restraint.
7. On receipt of notice from an 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 interventions to evaluate whether the HCPSS school or nonpublic school could use less restrictive behavioral health interventions; and
  3. Share the HCPSS’ recommendations with the MSDE and 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), 504 team, or an IEP team.
The use of corporal punishment or mechanical restraint are prohibited in HCPSS.
Annually, HCPSS will provide professional development to designated school employees on the appropriate implementation of this policy and Maryland required positive behavioral intervention training.
Designated employees will be trained and certified on how to administer physical restraint. Only those 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, school employees will document the incident using a Student Behavior Intervention Data Collection Form for Restraint.
Monitoring and Compliance
1. Schoolwide resource personnel 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. Data will be collected by:
  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.
    
    The Board will also be provided with summaries of action plans for any schools that fail to comply with any provision of Section 7-1102 through Section 7-1105 of the Education Article of the Annotated Code of Maryland or report to the MSDE that a student has been physically restrained 10 times or more in a school year.
3. The HCPSS will, upon request, submit any information regarding any matter related to physical restraint to the MSDE.
4. On or before December 1 each year, the HCPSS will submit to the MSDE 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; 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.
5. The HCPSS will submit a systemic, evidence-based corrective action plan to the MSDE if an HCPSS school or nonpublic school:
  1. Fails to comply with any provision of Section 7-1102 through Section 7-1105 of the Education Article of the Annotated Code of Maryland; or
  2. Reports to the MSDE that a student has been physically restrained 10 times or more in a school year.
This policy does not prohibit school employees from initiating appropriate student disciplinary actions; nor does it prohibit law enforcement, judicial authorities, or school security personnel 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 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 school employees that only trained and identified HCPSS employees may administer physical restraint.
The principal will inform all school 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 24 hours after the instance of physical restraint.
In cases whereby a student, 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 will receive, investigate, and document complaints regarding exclusion and physical restraint practices.

V. Delegation of Authority

The Superintendent is authorized to develop procedures for the implementation of this policy.

VI. Definitions

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

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.
Behavior Intervention Plan (BIP) – A proactive, data-based, structured plan that is developed as a result of a functional behavioral assessment which is consistently applied by trained staff to reduce or eliminate a student’s challenging behaviors and to support the development of appropriate behaviors and responses.
Corporal Punishment – Physical penalty or undue physical discomfort inflicted on the body of a student.
Emergency – An imminent threat of serious physical harm to self or others. 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 and is not physically prevented from leaving or returning to the classroom.
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.
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 to include 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 to calm or comfort the student;
2. A physical escort, which is the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purposes of inducing a student who is acting out to walk to a safe location;
3. Moving a disruptive student who is unwilling to leave the area if other methods such as counseling have been unsuccessful; or
4. Intervening in a fight 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.
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.
“Seclusion” does not include a behavior intervention of separating a student by placing the student:
1. Into an unlocked 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 – 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.
Student Support Team (SST) – A diverse group of 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 behavioral 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, §7-307
Md. Ann. Code, §7-101 (c)
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
Student Behavior Intervention Data Collection Form for Restraint

VIII. History

ADOPTED: June 8, 2017

REVIEWED:

MODIFIED:

September 5, 2019
March 10, 2022
August 1, 2022
August 16, 2022

REVISED:

EFFECTIVE: August 16, 2022

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.