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Policy 9400 Implementation Procedures - Student Behavior Intervention

Policy Document

Implementation Procedures

I. General

To ensure a positive, safe, and orderly educational environment, the following continuum of positive behavior interventions, strategies, and supports is encouraged:

  1. Effective classroom management practices.

  2. Schoolwide and classroom based Positive Behavior Intervention Supports (PBIS) program.

  3. Additional interventions, as appropriate based on a Functional Behavior Assessment (FBA) and implementation of a Behavior Intervention Plan (BIP).

  4. Positive behavior interventions, strategies, and supports developed by teams and specialists.

  5. Use of de-escalation techniques.

  6. Restorative justice practices.

  7. Trauma-informed interventions.

II. Functional Behavior Assessment (FBA)

A systematic process of gathering information to guide the development of an effective and efficient BIP for the problem behavior.

  1. Identifies the functions of the problem behavior for the student;

  2. Defines and describes the problem behavior exhibited in the educational setting; and

  3. Identifies environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time.

III. Use of Exclusion

  1. For Howard County Public School System (HCPSS), exclusion is a short-term non-disciplinary, adult-directed separation of the student from the general classroom setting and/or instruction from their peers to a separate setting to:

    1. Self-regulate

    2. Reinforce self-regulation strategies

    3. Problem-solve and/or

    4. Regain self-control

    5. During the separation, the student is supervised and/or monitored while in the separate setting but not receiving instruction, which includes general education, special education, behavioral support, or related services.

  2. Exclusion will only be used by trained HCPSS employees if:

    1. Exclusion is requested by the student; and/or

    2. It is supported by the student’s BIP; and/or

    3. The student’s behavior unreasonably interferes with the student’s learning or the learning of others; and/or

    4. The student’s behavior constitutes an emergency and exclusion is necessary to protect the student or another individual from imminent, physical harm after other less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.

      Less intrusive interventions may include:

      1. Review of de-escalation strategies and/or calming/coping strategies,

      2. Consultation and/or collaboration with HCPSS employees as appropriate.

  3. A setting 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 that prevent the student from leaving.

  4. Trained HCPSS employees will monitor a student utilizing exclusion and provide that student with:

    1. Communication (speech, gestures, symbols, and American Sign Language) of the behavior that resulted in the removal; and

    2. A clear explanation of the behavior required to return to the learning environment.

    3. An opportunity for the student to communicate a perspective regarding their thoughts of the incident and their actions.

  5. Trained 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 supports to increase the student’s self-regulation in order to return to the instructional setting; and

    3. Does not exceed 30 minutes.

      Prior to an exclusion reaching 30 minutes in duration:

      1. School administration and/or HCPSS student support employees will be notified to determine appropriate next steps.

      2. Support or intervention will be initiated. Once support or intervention has been initiated, this event is no longer considered an exclusion.

  6. If a nondisabled student has repeated experiences of exclusion, HCPSS employees will initiate a referral to a school’s Student Support Team (SST), Section 504 Team, or Individualized Education Program (IEP) Team to determine if the student has a disability that may require the provision of accommodations, modifications, or special education and related services.

  7. If a student with a disability has repeated experiences of exclusion, HCPSS employees will follow HCPSS procedures, in collaboration with the Department of Special Education, to determine if a change of placement is appropriate.

  8. Beginning in school year 2023-2024, HCPSS employees will annually present the Board with a report on incidents of exclusion which will include:

    1. Total number of exclusion incidents tracked per Sections III.B.3. and III.B.4. Use of Exclusion above;

    2. Total number of students by school;

    3. The number of exclusion incidents of each child who had at least one physical restraint incident;

    4. Length of time of exclusion;

    5. Student’s gender, race, disability, age, grade and type of placement;

    6. Types of behavior that precipitated the use of exclusion; and

    7. Number of students excluded who were referred to the school’s SST.

IV. Use of Physical Restraint

  1. The use of physical restraint is prohibited in HCPSS unless physical restraint is necessary to protect the student or another individual from imminent, serious, physical harm and less intrusive, nonphysical interventions have failed or been demonstrated to be inappropriate for the student.

    1. Physical restraint will only be implemented and monitored by HCPSS employees who are trained in the appropriate use of physical restraint:

      1. Physical restraint is implemented in a humane, safe, and effective manner, without intent to harm or create undue discomfort, consistent with State regulations; and,

      2. Restraint is consistent with known medical, traumatic, or psychological constraints and limitations and the student’s Section 504 Plan, IEP, or BIP.

    2. If HCPSS employees have made a student-specific determination that the use of restraint is required, consistent with Section III.E.1. of the policy, physical restraint may be included in a student’s 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 any situations where the use of physical restraint based on medical history or past trauma may be deemed unsafe; and

      2. Identifies 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 describes the specific behaviors and circumstances under which physical restraint may be used; and

      3. Obtains written consent from the parent, consistent with §8-405, Education Article, Annotated Code of Maryland.

  2. A protective or stabilizing device will only be used when prescribed by a health professional or in accordance with the student’s IEP or BIP for students with a disability.

  3. In applying physical restraint, HCPSS employees will only use reasonable force as is necessary to protect a student or another individual from imminent, serious, physical harm.

  4. Physical restraint:

    1. Will be removed as soon as the student no longer presents imminent, serious, physical harm; and

    2. May not exceed 30 minutes in duration.

      1. If a physical restraint event exceeds 20 minutes in duration, school administration and/or HCPSS student support employees should be notified to determine appropriate next steps.

      2. If a physical restraint reaches 30 minutes in duration, the restraint will be.

  5. 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 of the Education Article, Annotated Code of Maryland.

  6. In applying physical restraint, HCPSS employees will 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 an employee’s 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.

  7. Following a physical restraint, the student will be examined by HCPSS health room employees to determine whether there were physical injuries or distress as a result of the restraint. Any concerns will be documented on the corresponding Single Incident Restraint Form and parents will be notified immediately.

  8. If parents assert that there are medical reasons why physical restraint should not be used with a student, they must submit medical documentation to verify medical contradictions to the use of physical restraint. Where there is such documentation, parents will be requested to sign a release for HCPSS employees to contact the private health professional to discuss the contradictions and possible alternatives. Alternatives to physical restraint should be used in these cases.

  9. Each time HCPSS employees use restraint on a student, the HCPSS employees will debrief and document the incident using a form developed for this specific purpose that includes:

    1. Other less intrusive, nonphysical interventions that have failed or been determined inappropriate;

    2. The event immediately preceding the behavior that prompted the use of physical restraint;

    3. The behavior that prompted the use of physical restraint;

    4. The names of the HCPSS employees who observed the behavior that prompted the use of physical restraint;

    5. The names and signatures of the HCPSS employees implementing and monitoring the use of physical restraint;

    6. The type of physical restraint;

    7. The length of time in physical restraint;

    8. The student’s behavior and reaction during the physical restraint; and

    9. The name and signature of the administrator informed of the use of physical restraint.

  10. This required documentation will be maintained in the student’s educational record and available for inspection by the student’s parent.

  11. Debrief and documentation must occur as soon as possible after the event. Unless otherwise provided for in the student’s IEP or BIP, each time a physical restraint is used, the principal/designee will make every effort to notify parents immediately, of the physical restraint and the behavior that warranted the intervention. Oral notification of an instance of restraint must be made no later than the day of the instance of restraint and written notification must be made but no more than 24 hours after the incident of restraint.

  12. Beginning in school year 2023-2024, HCPSS employees will annually provide the Board with a report on incidents of physical restraint.

V. Referral to a School’s SST, Section 504 Team, or IEP Team

  1. If 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 SST, Section 504 Team, or an IEP Team.

  2. If physical restraint is used for a student with a disability, and the student’s Section 504 Team, IEP, or BIP does not include the use of physical restraint, the Section 504 Team or IEP Team will meet, within ten (10) business days of the incident to consider:

    1. The need for an 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.

  3. If physical restraint is used for a student with a disability and the Section 504 Plan, IEP, or BIP includes the use of physical restraint, the student’s IEP or BIP will specify how often the Section 504 Team or IEP Team will meet to review or revise, as appropriate, the student’s Section 504 Plan, IEP, or BIP.

  4. When a Section 504 or IEP Team meets to review or revise a student’s Section 504 Plan, IEP, or BIP, the Section 504 or IEP Team will consider:

    1. Existing health, physical, psychological, and psychosocial information, including any contraindications to the use of restraint based on medical history or past trauma;

    2. Information provided by the parent;

    3. Observations by teachers and related service providers;

    4. The student’s current placement; and

    5. The frequency and duration of restraints incidents and behavior events that occurred since the IEP Team last met.

  5. The school will provide the parent of the student with written notice 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 physical restraint.

    1. The SST, Section 504, or IEP Team will obtain the 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.

    2. If the parent does not provide written consent, the IEP Team will send the parent written notice within five (5) business days of the IEP Team meeting that states:

      1. The parent has the right to either consent or refuse to consent to the use of restraint; and

      2. If the parent does not provide written consent or a written refusal within 15 business days of the IEP Team meeting, the IEP Team may implement the proposed use of restraint.

    3. If the parent of a student with an IEP provides written refusal, the IEP Team may use the dispute resolution options listed in §8-413, Education Article, Annotated Code of Maryland, to resolve the matter.

    4. If the parent of a student with a Section 504 Plan or BIP from a SST provides written refusal, there is no right to the dispute resolution options listed in §8-413, Education Article, Annotated Code of Maryland to resolve the matter.

  6. A parent of a student with an IEP may request mediation or a due process hearing if the parent disagrees with the IEP Team decision to propose or refuse to initiate or change:

    1. The student’s IEP; and/or

    2. The student’s BIP to use physical restraint; or

    3. The student’s placement.

  7. A parent of a student with a Section 504 Plan may request a review of the decision by submitting a written request to the HCPSS Section 504 Coordinator or request a hearing before an impartial hearing officer. The Superintendent/designee will appoint the impartial hearing officer. This applies to a parent who is in disagreement with the Section 504 Team decision to propose or refuse to initiate or change:

    1. The student’s Section 504 Plan; and/or

    2. The student’s BIP to use physical restraint; or

    3. The student’s placement.

VI. Grievance Process

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.

  1. Students, HCPSS employees, and parents of a student have the right to a response from the school-based administration regarding inquiries, concerns or complaints within two (2) school days from the date the administrator received the concern.

  2. Students are responsible for submitting a HCPSS grievance or appeal for having their parent act on their behalf in requesting an appeal in a timely and appropriate manner, not to exceed 30 calendar days from the date of the event, unless extraordinary circumstances require a longer period of time. Further appeals will be submitted pursuant to appropriate Maryland law. In the event the grievance or appeal arises under circumstances governed by a federal or State law or regulation, the process set forth therein must be followed.

VII. Professional Development

  1. Identified HCPSS employees will receive training in current professionally acceptable practices and standards regarding:

    1. Positive behavior interventions strategies and supports, including methods for identifying and defusing potentially dangerous behavior;

    2. FBA and BIP planning;

    3. Exclusion;

    4. Physical restraint and alternatives to restraint;

    5. Symptoms of physical distress and positional asphyxia;

    6. Trauma-informed intervention;

    7. First aid and cardiopulmonary resuscitation, and

    8. Individualized behavior interventions based on student characteristics, including disability, medical history and past trauma.

  2. The professional development described will include a written examination and physical demonstration of proficiency in the described skills and competencies.

  3. The professional development described will meet Maryland required positive behavioral interventions training.

VIII. Monitoring

Policy 9400 implementation procedures will be overseen by the Division of Academics.

IX. 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.