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, Chapter 573, effective July 1, 2022) and implemented through COMAR 13A.08.04. Under COMAR 13A.08.04.02, 'physical restraint' means a personal restriction that immobilizes or reduces a student's ability to move the student's torso, arms, legs, or head freely. 'Seclusion' means the involuntary confinement of a student alone in a room or enclosure from which the student is physically prevented from leaving (COMAR 13A.08.04.02). As of July 1, 2022, seclusion is prohibited in all Maryland public agencies (Md. Code Ann., Ed. § 7-1102(b); COMAR 13A.08.04). Physical restraint may only be used as a last resort in an emergency situation when a student's behavior presents an imminent, serious, physical danger to the student or others and other less intrusive, nonphysical interventions have been attempted and failed or are inappropriate given the circumstances (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1102(a)). Mechanical restraint (use of devices to restrict movement) and prone (face-down) restraint are prohibited (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1102(c)). The school must provide the parent or guardian with oral or written notification within 24 hours of any restraint incident, including the type of restraint used, the duration, and the circumstances (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1104). Every incident of restraint must be documented in a written incident report that includes the student's name, date, time, duration, type of restraint, name of staff who applied restraint, antecedents, and description of less intrusive interventions attempted (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 convene within 10 business days of the incident to review and potentially revise the BIP (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1104). Only staff who have received training in the use of restraint may apply it; training must include crisis prevention, de-escalation techniques, and proper restraint procedures (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1105). LEAs must track and report data on restraint incidents to MSDE annually, and MSDE publishes an annual report (Md. Code Ann., Ed. § 7-1103). The law also establishes a State Advisory Board on Restraint and Seclusion to advise MSDE on best practices (Md. Code Ann., Ed. § 7-1106).
What Maryland Requires
Seclusion is prohibited in all Maryland public agencies as of July 1, 2022 (Md. Code Ann., Ed. § 7-1102(b); COMAR 13A.08.04).
Physical restraint may only be used as a last resort in emergency situations when a student presents imminent, serious, physical danger and other less intrusive, nonphysical interventions have been attempted and failed (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1102(a)).
Mechanical restraint and prone (face-down) restraint are prohibited (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1102(c)).
Parents must be provided oral or written notification within 24 hours when restraint is used, including type, duration, and circumstances (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1104).
Every incident must be documented in a written incident report with specific required elements (student name, date, time, duration, staff, antecedents, less intrusive interventions attempted) (COMAR 13A.08.04).
If restraint is used for a student with a disability whose IEP/BIP does not include restraint, the IEP team must convene within 10 business days to review and potentially revise the BIP (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1104).
Only trained staff may apply restraint; training must cover crisis prevention, de-escalation, and proper restraint techniques (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1105).
LEAs must report restraint data to MSDE annually; MSDE publishes an annual report; a State Advisory Board advises on best practices (Md. Code Ann., Ed. §§ 7-1103, 7-1106).
Key Timelines
Oral or written notification to parents is required within 24 hours when restraint occurs (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1104).
If restraint is used and the IEP/BIP does not include restraint, the IEP team must meet within 10 business days of the incident (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1104).
Staff training must be completed before personnel may use restraint and must be updated periodically as required by the LEA (COMAR 13A.08.04; Md. Code Ann., Ed. § 7-1105).
Annual reporting of restraint data to MSDE is required (Md. Code Ann., Ed. § 7-1103).
Sources
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