I. Purpose
To provide guidance and procedures for Prince George’s County Public Schools (PGCPS) which assure compliance with regulations pertaining to student behavior interventions and promotes a safe and orderly academic environment.
II. Policy
The Prince George’s County Board of Education (Board) is committed to providing a quality education to all students in a safe and secure environment. Everyone in PGCPS has a shared responsibility to ensure the safety of our children and instill confidence in our parents and our community that we all have the well-being of their children foremost in our minds. (Board Policy 0126)
III. Definitions
- Behavior Intervention Plan (BIP) – A proactive, data-based, structured plan that is developed as a result of a functional behavior 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.
- Business day – Any day in which PGCPS central offices are open.
- Communicate – To convey information verbally or nonverbally, which includes, but is not limited to:
- Speech
- Gestures
- Symbols
- American Sign Language
- Corporal punishment – Physical punishment in which a supervising adult deliberately inflicts pain upon a child in response to a child's unacceptable behavior and/or inappropriate language.
- Department – The Maryland State Department of Education (MSDE).
- 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.
- Functional Behavior Assessment (FBA) – The systematic process of gathering information to guide the development of an effective and efficient behavior intervention plan for the student’s problem behavior. It includes:
- Identification of the functions of the problem behavior for the student;
- Description of the problem behavior exhibited in the educational setting; and
- Identification of environmental and other factors and settings that contribute to or predict the occurrence, nonoccurrence, and maintenance of the behavior over time.
- Imminent, serious physical harm – Has the same meaning as serious bodily injury as used in the Individuals with Disabilities Education Act (IDEA) (see 34 C.F.R § 300.530(h)(i)(3); 18 U.S.C. § 1365(h)(3)). It means bodily injury which involves:
- A substantial risk of death;
- Extreme physical pain;
- Protracted and obvious disfigurement; or
- Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
- Individualized Education Program (IEP) – A written statement for each student with a disability who is eligible for special education services. It describes the child’s individual needs and proscribes the appropriate placement and services designed to meet those unique needs. The IEP is created through a team effort and reviewed at least once per year.
- IEP team – A group of individuals responsible for identifying and evaluating students with disabilities; developing, reviewing, or revising an Individualized Education Program (“IEP”) for a student with a disability; developing, reviewing, or revising Functional Behavioral Assessments (“FBAs”) and Behavioral Intervention Plans (“BIPs”); and determining the placement of a student with a disability in the least restrictive environment (“LRE”).
- Mechanical restraint –
- Any device or equipment which restricts a student’s freedom of movement. Mechanical restraint is prohibited in PGCPS.
- Mechanical restraint does not include a protective or stabilizing device, 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:
- 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;
- Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
- Restraints for medical immobilization; or
- Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
- Nonpublic school – A school that receives funds from the Department for the purpose of providing special education and related services to students with disabilities.
- Parent – Means:
- The biological or adoptive parent;
- A guardian or custodian, including a person or agency appointed by the court to have charge of the affairs of the student and granted parental rights;
- A person acting as a parent of a student, including a grandparent, stepparent, or other relative with whom the child lives, or an individual who is legally responsible for the child's welfare;
- A foster parent with whom the student lives, if the foster parent has been granted limited guardianship for educational decision-making purposes by the court that has placed the child in foster care;
- Or a surrogate parent who has been appointed in accordance with 34 CFR § 300.519 and the Annotated Code of Maryland, Education Article § 8-412.
- Parent does not include an employee of a public agency responsible for the education or care of the child, unless the employee has individually been appointed as a guardian or custodian.
- Physical restraint – A personal restriction that immobilizes a student or reduces the ability of a student to move their torso, arms, legs, or head freely during school hours. Physical restraint does not include:
- Briefly holding a student to calm or comfort the student;
- A physical escort, which is the temporary touching or holding of the hand or arm of a student to escort them safely from one area to another; 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;
- Moving a disruptive student who is unwilling to leave the area if other methods such as counseling have been unsuccessful; or
- Intervening in a fight in accordance with the Annotated Code of Maryland, Education Article § 7-307.
- Positive behavior interventions, strategies, and supports – 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.
- Protective or Stabilizing Device – Any device or material attached or adjacent to the student’s body that restricts freedom of movement or normal access to any portion of the student’s body for the purpose of enhancing functional skills, preventing self-injurious behavior, or ensuring safe positioning of a person. Protective or stabilizing device includes:
- Adaptive equipment prescribed by a health professional, if used for the purpose for which the device is intended by the manufacturer;
- Seat belts; or
- Other safety equipment to secure students during transportation in accordance with the public agency or nonpublic school transportation plan.
- Public agency – Prince George’s County Public Schools.
- Reasonable Force- Using the lowest level hold that will moderately manage (not completely restrict) the movement associated with the physical risk behavior in an effort to reduce harm to the student or others.
- School hours –the designated time that a school opens and closes for students, school-provided transportation, or school-sponsored events.
- School personnel – An individual employed by PGCPS or nonpublic school.
- School year – The school year begins on July 1 of the current year and ends on June 30 of the following year.
- Seclusion – The confinement of a student alone in a room, enclosure or any other area from which the student is physically prevented from leaving during school hours. Seclusion is prohibited in PGCPS.
- Seclusion does not include: - a behavior intervention plan of separating a student by placing the student into a non-locked room from which the student is allowed to leave; or - within a separate location in a classroom from which the student is not physically prevented from leaving.
- Student Intervention Team (SIT) – A school-based problem-solving team comprised of faculty members who meet to help teachers identify and implement appropriate interventions for students who need support so that they are ready and able to learn, as well as students who are in need of support for acceleration.
- Student Support Team (SST) – A multi-disciplinary team of professionals with expertise in teaching and learning, problem-solving, and interventions. The SST is used when other strategies and/or interventions for a student have proven unsuccessful. The SST is also responsible for creating a BIP for students in general education.
- Student with a disability – A student, 3 years old through the end of the school year in which the student turns 21 years old, who has been evaluated and identified with one or more of the following impairments: autism; deaf-blindness; emotional disability; hearing impairment, including deafness; intellectual disability; multiple disability; orthopedic impairment; other health impairment; specific learning disability; speech or language impairment; traumatic brain injury; or visual impairment, including blindness, who, because of the impairment, needs special education and related services.
- Trauma-informed intervention – -An approach to behavior 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 a student’s physical and emotional health and ability to function effectively in an educational setting.
IV. General Procedures
- School personnel shall use an array of positive behavior interventions, strategies, and supports to increase or decrease targeted student behaviors.
- School personnel shall only use exclusion or physical restraint:
- After less restrictive or alternative approaches have been considered, attempted, or determined to be inappropriate;
- 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.
- Physical restraint or exclusion must never be used as a punishment or discipline, as a means of coercion or retaliation, or as a convenience.
- Parental complaints regarding the use of exclusion or physical restraint shall be referred to the Area Office, as appropriate, for investigation. Parental complaints regarding the use of physical restraint shall also be referred to the Office of Safety and Security Services for investigation.
- School personnel shall immediately report suspected abuse in accordance with PGCPS’s administrative procedures if the complaint alleges that a student was improperly restrained or is injured as a result of a restraint. A report of the investigation shall be submitted to the Superintendent and Principal within 10 business days.
- Maryland law prohibits the use of corporal punishment under any circumstances.
- School personnel may initiate appropriate student disciplinary actions in accordance with PGCPS’ Student Code of Conduct.
- Law enforcement, judicial authorities, or school security personnel may exercise responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk in accordance with relevant law, regulation, policy, or procedures.
V. Exclusion
- School personnel 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;
- If the 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;
- If exclusion is requested by the student; or
- If supported by the student’s BIP.
- A setting used for exclusion shall:
- Provide school personnel with the ability to see the student at all times;
- Provide adequate lighting, ventilation, and furnishings; and
- Be unlocked and free of barriers to prevent egress.
- School personnel shall monitor a student placed in exclusion and provide the student with:
- An explanation of the behavior that resulted in the removal;
- Instructions on the behavior required to return to the learning environment and
- An opportunity to share their perspective on the incident that lead to the exclusion.
- School personnel shall ensure that each period of exclusion:
- Is appropriate to the developmental level of the student and the severity of the behavior; and
- Does not exceed 30 minutes, prior to designated school personnel evaluating the student’s readiness to return to the instructional environment.
- Prior to the student leaving the exclusion setting, school personnel should evaluate the student’s readiness to return to the instructional environment. If the student is not ready to return to their instructional environment, school personnel shall determine the next intervention.
- Parents and school personnel may at any time request a meeting to address the use of exclusion and to:
- Discuss alternative behavior supports and interventions; alternative behavior supports and interventions include trying a different strategy than was previously used.
- Conduct a FBA; and/or
- Develop, review, or revise the student’s BIP.
- School personnel shall consider the need to initiate a referral to the SIT or SST if a nondisabled student has experienced excessive exclusion, Refer to Administrative Procedure 5124 – Student Intervention Team (SIT) and Student Support Team (SST).
- School personnel shall refer a student with a disability to the IEP team if they have experienced an excessive period of exclusion that may result in a change of placement.
VI. Physical Restraint
- The use of physical restraint is prohibited in PGCPS and nonpublic schools used by PGCPS, until:
- There is an emergency situation and physical restraint 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;
- Once physical restraint has been used or school personnel have made a student-specific determination that that it may need to be used consistent with section VII.A.1., physical restraint may be included in the student’s BIP or IEP to address the student’s behavior in an emergency situation, provided that school personnel:
- Review available data to identify any contraindications to the use of physical restraint based on medical history or past trauma, including consultation with medical or mental health professionals as appropriate;
- Identify less intrusive, nonphysical interventions that will be used to respond to the student’s behavior until physical restraint is used in an emergency situation; and
- Obtain written consent from the student’s parent, consistent with the Annotated Code of Maryland, Education Article § 8-405.
- Physical restraint shall be applied only by school personnel who are trained and maintain current certification in the appropriate use of physical restraint through the Department of Special Education, the Department of Security Services or the Department of Transportation.
- In applying physical restraint, school personnel shall only use reasonable force as is necessary to protect a student or other person from imminent, serious, physical harm, and:
- Shall be removed as soon as the student is calm; and
- Shall not exceed 30 minutes, prior to school personnel evaluating the student’s readiness to return to the instructional environment.
- If the student is not ready to return to their instructional environment, school personnel shall determine the next intervention.
- In applying physical restraint, school personnel may not:
- Place a student in a face down position;
- Place a student in any other position that will obstruct a student’s airway or otherwise impair a student’s ability to breathe, obstruct a staff member’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
- Straddle a student’s torso.
- Following a physical restraint, the student shall be assessed by a nurse or other school personnel to determine if there are any physical injuries or distress as a result of the physical restraint.
- Documentation of the Use of Physical Restraint
- Each time a student is in a physical restraint, school personnel involved in the physical restraint shall debrief and document on the MSDE Restraint or Seclusion Single Incident form (Attachment A):
- Other less intrusive interventions that have failed or been determined inappropriate;
- The precipitating event immediately preceding the behavior that prompted the use of physical restraint;
- The behavior that prompted the use of physical restraint;
- The names of the school personnel who observed the behavior that prompted the use of physical restraint;
- The names and signatures of the school personnel implementing and monitoring the use of physical restraint; and
- A summary of next steps/modifications/additional resources (including referral to IEP team or SST team, as appropriate).
- The documentation required by this administrative procedure shall include a description of the physical restraint event, including:
- The type of physical restraint;
- The length of time in physical restraint;
- The student’s behavior and reaction during the physical restraint;
- The name and signature of the administrator informed of the use of physical restraint;
- The name and position of the school personnel who evaluated any student injuries following the use of physical restraint; and
- The date, time and method used for parent notification by a school administrator.
- The documentation of the use of restraints shall be maintained in the student’s cumulative educational record and available for inspection by the student’s parent. A copy of the Restraint or Seclusion Single Incident form shall also be forwarded to the Department of Special Education via email at ressec.docs@pgcps.org by the school administrator or designee
- The school personnel assigned as the discipline manager at each school will be required to enter all incidents of physical restraint into the appropriate module of the electronic student information system (SIS). The instructions for entering the data is located in the SIS Documentation and Online Tutorials site.
- Each time physical restraint is used, a school administrator shall make every effort to notify the parent by the end of the school day. Oral or written notification must be provided to the parent within 24 hours, unless otherwise provided for in a student's IEP or BIP.
VII. Mechanical Restraint
- The use of mechanical restraint is prohibited in PGCPS. Mechanical restraint is also prohibited in all nonpublic schools utilized by PGCPS unless the nonpublic school is certified by and meets the requirements of the Joint Commission for the Accreditation of Health Care Organizations.
- School personnel may use a protective or stabilizing device:
- As prescribed by a health professional;
- For a student with a disability, in accordance with the student’s IEP or BIP; or
- As stated in the definition of mechanical restraint, protective or stabilizing devices used for the specific and approved purposes for which the device was designed, including:
- 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;
- Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
- Restraints for medical immobilization; or
- Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
VIII. Seclusion
The use of seclusion is prohibited in PGCPS. No student shall be confined alone in a room, an enclosure, or any other space from which the student is physically prevented from leaving during school hours. Any cases of seclusion must be immediately reported to the Department of Special Education at ressec.docs@pgcps.org.
IX. Referral to a Student Services or IEP Team
- A student shall be referred to the Student Intervention Team if they have been excluded, as described in this administrative procedure, three (3) times during a school year The Student Intervention Team shall determine whether a referral to the IEP team is appropriate.
- If physical restraint is used for a student who has not been identified as a student with a disability, the student shall immediately be referred to the Student Services team or IEP team.
- 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 shall meet within 10 business days of the incident. The IEP team Meeting Notice should list discussion of the incident of physical restraint as one of the purposes of the meeting. The IEP team discussion should reflect consideration of:
- The need for a functional behavioral assessment (FBA);
- Developing appropriate behavioral interventions; and/or
- Implementing a behavioral intervention plan (BIP).
- If physical restraint is used for a student with a disability, and the IEP or BIP includes the use of physical restraint, the student’s IEP or BIP shall specify how often the IEP team shall meet to review or revise, as appropriate, the student’s IEP or BIP in accordance with the Special Education Process Guide.
- Physical Restraint In Excess of Ten (10) Times in a School Year
- If any student enrolled in a public school is physically restrained ten (10) times or more in a school year, the public school team (i.e. Department of Special Education) shall provide notice to MSDE and the PGCPS Department of Special Education at the earliest opportunity, but not longer than four (4) business days after the student’s tenth (10th) incident of physical restraint. This notice is required after every tenth (10th) incident of physical restraint (e.g., the 10th, 20th, etc.). Once a student reaches five incidents of physical restraint, the Department of Special Education will begin monitoring the student case and provide technical assistance support to the school team.
- If a student placed in a nonpublic school by PGCPS is physically restrained ten (10) times or more in a school year, the nonpublic school shall provide notice to MSDE and the PGCPS Department of Special Education Nonpublic Office at the earliest opportunity, but not longer than four (4) business days after the student’s tenth (10th) incident of physical restraint. This notice is required after every tenth (10th) incident of physical restraint (e.g., the 10th, 20th, etc.).
- On receipt of notice from a PGCPS school or nonpublic school under section E.1. or 2. immediately above, the PGCPS Department of Special Education will meet with a representative from the PGCPS or nonpublic school within 14 business days of every tenth (10th) (e.g., 10th, 20th, etc.) incident to:
- Review the student’s case, including the circumstances of each incident of physical restraint and other pertinent information;
- Assess the school’s pattern of behavioral health supports and interventions to evaluate whether the school could use less restrictive behavioral health interventions;
- Make recommendations to the school for next steps to avoid the excessive use of physical restraint; and
- Share the recommendations with the MSDE.
- When an IEP team meets to review or revise a student’s IEP, BIP or other behavior supports following the use of physical restraint, the IEP team shall consider:
- Existing health, physical, psychological, and psychosocial information, including any contraindications to the use of physical restraint based on medical history or past trauma;
- Information provided by the parent;
- Observations by teachers and related service providers;
- The student’s current placement;
- Patterns of behavioral supports and interventions;
- The frequency and duration of physical restraint events that occurred since the IEP team last met; and
- Information on conditions for use of physical restraint and physical restraint techniques.
- The IEP team shall provide the student’s parent with written notice when the IEP team proposes or refuses to initiate or change the student’s IEP or BIP that includes the use of physical restraint.
- Parental Consent
- The IEP team shall obtain the written consent of the parent if the team proposes to include physical restraint in the BIP or IEP to address the student’s behavior.
- If the parent does not provide written consent, the IEP team shall send the parent written notice within five (5) business days of the IEP team meeting that states:
- The parent has the right to either consent or refuse to consent to the use of physical restraint; and
- 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 physical restraint.
- If the parent provides a written refusal, the IEP team may use the dispute resolution options listed in the Annotated Code of Maryland, Education Article § 8-413, to resolve the matter.
- A parent 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:
- The student’s IEP;
- The student’s BIP to use physical restraint or exclusion; or
- The student’s placement.
X. Training and Technical Assistance
- At the beginning of each school year, the Department of Special Education shall identify personnel to serve as district -wide resources to assist in ensuring the proper administration of exclusion and physical restraint. The contact information shall be posted on the PGCPS website, available to school personnel and parents.
- At least five (5) school personnel designated by the school administrator to use exclusion and physical restraint shall receive training by the Department of Special Education for this administrative procedure and current professionally accepted practices and standards regarding:
- Positive behavior interventions strategies and supports, including methods for identifying and defusing potentially dangerous behavior;
- Trauma-informed intervention;
- FBA and BIP planning;
- Exclusion;
- Physical restraint and alternatives to physical restraint;
- Symptoms of physical distress and positional asphyxia;
- First aid and cardiopulmonary resuscitation (CPR); and
- Individualizing behavior interventions based on student characteristics, including disability, medical history, and past trauma.
- The professional development shall include a written examination and physical demonstration of proficiency in the described skills and competencies
- The Division of Informational Technology and the Department of Special Education will provide the discipline managers for each school with written directions for entering incidents of physical restraint as a behavior response in the appropriate module of the electronic SIS.
- The SIT and IEP team members will be provided with technical assistance and support during meetings resulting from the excessive use of physical restraint (10 incidents or more) by the Department of Special Education.
XI. Monitoring and Compliance
- The Principal or head administrator of a nonpublic school within 48 hours shall review each incident of physical restraint, including the MSDE Restraint or Seclusion Single Incident form to ensure the requirements described in Section VII of this administrative procedure were followed. Principals and head administrators of nonpublic schools are required on a quarterly basis (at a minimum) to verify incidents of physical restraint at their school/program have been entered into the appropriate module of the electronic SIS.
- The Department of Special Education will monitor and review reported cases of physical restraint to ensure compliance with the requirements described in Section VII of this administrative procedure. The monitoring and review process will include audits of the physical restraint reports filed for incidents entered into the electronic student information system.
- The Department of Special Education will monitor cases of physical restraint and notify MSDE within four (4) business days of the tenth (10th) incident if and when a student enrolled in a public school is physically restrained ten (10) times or more in a school year, and every tenth (10th) incident following (e.g., 10th, 20th, etc.) in accordance with the MSDE Restraint and Seclusion Implementation Guide. The Department of Special Education conducts a monthly review of all physical restraints.
- The Department of Special Education will monitor and review FBAs and BIPs. The monitoring and review process will include random audits of FBA and BIP documents to ensure compliance with the procedures and best practices detailed in the professional development described in Section XI.B.
- On an annual basis, each school must submit the names of five (5) school personnel assigned to support students in a behavior crisis to the Department of Special Education using the form at the following link:
https://forms.gle/sEfJir7YczRTSynBA.
- The Department of Special Education will monitor and review professional development records to ensure compliance with Section XI.B of this administrative procedure.
XII. Related Administrative Procedures
XIII. Legal References
- 20 U.S.C. §§ 1400 et seq.; 34 C.F.R. §§ 300 et seq.
- Annotated Code of Maryland, Education Article §§ 7-305, 7-306, 7-307, 7-1101 – 7-1106, 8-405, and 8-413
- COMAR 13A.05.01-.16 (Provision of a Free Appropriate Public Education)
- COMAR 13A.05.01.12A
- COMAR 13A.08.01.11 (Disciplinary Action)
- COMAR 13A.08.02 – .04 (Student Records; Discipline of Students with Disabilities; Student Behavior Interventions)
- COMAR 13A.08.04.05
- COMAR 13A.09.10 (Educational Programs in Nonpublic Schools and Child Care and Treatment Facilities)
- House Bill 1255 Physical Restraint and Seclusion – Limitations, Reporting, and Training (2022 Md. Laws, Chap. 31)
XIV. Maintenance and Update of This Administrative Procedure
This administrative procedure will be maintained and updated by the Division of Academics, Department of Special Education appropriate.
XV. Cancellations and Supersedures
This administrative procedure cancels and supersedes Administrative Procedure 5062, dated January 11, 2021.
XVI. Effective Date
March 22, 2024
About This Procedure
Last Revised: March 22, 2024
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