Restraint and Seclusion Laws in Maryland

What are the restraint and seclusion rules in Maryland?

Maryland has detailed statutory and regulatory requirements governing the use of physical restraint and seclusion in schools, codified at Md. Code Ann., Ed. §§ 7-1101 through 7-1107 (enacted under HB 1255, effective July 1, 2022) and implemented through COMAR 13A.08.04. Under COMAR 13A.08.04, 'physical restraint' means a personal restriction that immobilizes or reduces a student's ability to move their torso, arms, legs, or head freely. 'Seclusion' means the confinement of a student alone in a room or enclosure from which the student is physically prevented from leaving. As of July 1, 2022, seclusion is prohibited in all Maryland public agencies (Md. Code Ann., Ed. § 7-1102). Physical restraint may only be used as a last resort in emergency situations when the student presents an immediate danger of serious bodily injury to self or others and other less restrictive, nonphysical interventions have been ineffective (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1102). Mechanical restraint and prone (face-down) restraint are prohibited. The school must provide parents with oral or written notification within 24 hours when restraint is used (COMAR 13A.08.04). If restraint is used for a student with a disability whose IEP or BIP does not include the use of restraint, the IEP team must meet within 10 business days of the incident (COMAR 13A.08.04). Every incident of restraint must be documented in a written incident report (COMAR 13A.08.04). LEAs must track and report data on restraint and seclusion to MSDE annually (Md. Code Ann., Ed. § 7-1103).