As the Maryland State Department of Education (MSDE) works to create a world-class public education system, it recognizes that a key component of this work is safe and healthy learning environments. MSDE fully supports the use of positive proactive behavioral interventions and strategies to address challenging student behavior, with a focus on keeping students in the classroom and available for learning.
On December 30, 2021, Mohammed Choudhury, State Superintendent of Schools, issued a press release in response to the illegal and discriminatory use of restraint and seclusion. The Superintendent made clear that the illegal and inappropriate use of restraint and seclusion in any school is unacceptable, and he immediately formed an intra-department workgroup to develop an action plan to tackle this important issue. Subsequently, during the 2022 legislative session, the Maryland General Assembly passed House Bill 1255 “Physical Restraint and Seclusion – Limitations, Reporting, and Training” (Education Article § 7-1101 et seq) which amended and expanded the law governing the use of restraint and seclusion in public schools, public agencies, and publicly funded nonpublic schools.
Restraint and Seclusion: Frequently Asked Questions
The Frequently Asked Questions (FAQ) document provides local education agencies (LEAs), public agencies, and nonpublic schools with additional guidance regarding the implementation of the physical restraint and seclusion statute (Md. Code, Education § 7-1101 et seq). This document will be updated, as needed.
Restraint and Seclusion Process Guide
The Process Guide provides timelines, forms, and other information to support LEAs, PAs, and publicly funded nonpublic schools in fulfilling the requirements of Education Article § 7-1101 et seq.
Restraint and Seclusion Implementation Guide
The purpose of this document is to provide guidance and resources to local education agencies (LEAs), public agencies (PAs), and publicly funded nonpublic schools to implement current State law and regulations, including restricting the use of restraint and eliminating the use of seclusion in all but publicly funded nonpublic schools.
MSDE developed this document in collaboration with stakeholders to provide direction regarding the new statute and to guide LEAs, PAs, and publicly funded nonpublic schools in the revision and implementation of local policies, procedures, and practices.
Restraint and/or Seclusion Single Incident Form
Documents the individual restraint/seclusion incident including the team debrief process and next steps to support the student’s individual needs.
Restraint and/or Seclusion Excessive Use: Part One
Documents the excessive use of restraint and seclusion and is used to notify MSDE and the LEA when a student has been restrained and/or secluded 10 times within a school year.
Restraint and/or Seclusion Excessive Use: Part Two
Documents a review of current interventions and strategies in use with the student and at the school level and recommendations to decrease the use of restraint and/or seclusion.
Technical Assistance Sessions
MSDE continues to provide technical assistance and support in the operationalization and implementation of Education Article § 7-1101 et seq.
Technical Assistance Sessions Presented in February/March 2023
This technical assistance session reviewed the changes in the statute and introduced the required forms. Forms included in this technical assistance session may have been updated, please see the most recent version.
Technical Assistance Sessions Presented in May 2023
This technical assistance session reviewed the online submission process for the excessive use of restraint and/or seclusion as well as updates to the required forms. Forms included in this technical assistance session may have been updated, please see the most recent version.
Annual Data Collection
This manual provides LEAs, public agencies, and nonpublic schools guidance on completing the Annual Data Collection regarding the use of physical restraint and seclusion in the 2022-2023 school year. This document is used in coordination with the Restraint and Seclusion Implementation Guide released by MSDE in January 2023.
Contacts:
Questions regarding the new statutory requirements and processes for all students should be directed to:
Dr. April Turner
School Psychological Services Supervisor, Division of Student Support, Academic Enrichment, and Educational Policy
Office: (410) 767-0359
aprild.turner@maryland.gov
Questions regarding the operationalization of the additional requirements for students with disabilities, including the Individualized Education Program process, should be directed to:
Carmen Brown
Branch Chief, Interagency Collaboration
Office: (410) 767-7197
carmen.brown1@maryland.gov
Questions related to the implementation of the requirements in nonpublic schools should be directed to:
Alexandra Cambra
Director, Program Approval
Office: (410) 767-0564
alexandra.cambra@maryland.gov
Questions related to data collection should be directed to:
Mary L. Gable
Assistant State Superintendent, Division of Student Support, Academic Enrichment & Educational PolicyOffice: (410) 767-0275
mary.gable@maryland.gov