Md. Code Regs. 13A.08.04.02 - Definitions
A. In this
chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Behavior intervention plan.
(a) "Behavior intervention plan" means a
proactive plan designed to address problem behavior exhibited by a student in
the educational setting through the use of positive behavioral interventions,
strategies, and supports.
(b)
"Behavior intervention plan" includes:
(i)
Clear and specifically defined targeted behaviors;
(ii) Data on the targeted behaviors, as
collected through a functional behavior assessment;
(iii) Specific methods of data collection for
progress monitoring; and
(iv) A
hierarchy of responses to address student behavior.
(2) "Business day" has the meaning
stated in COMAR 13A.05.01.03.
(3)
Communicate.
(a) "Communicate" means to
convey information verbally or nonverbally.
(b) "Communicate" includes, but is not
limited to:
(i) Speech;
(ii) Gestures;
(iii) Symbols; and
(iv) American Sign Language.
(4) "Department" means
the Maryland State Department of Education.
(5) Debrief.
(a) "Debrief" means an intentional process
wherein a restraint or seclusion incident is reviewed by school personnel in
order to prevent future incidents and improve responses to the student's
challenging behavior.
(b) "Debrief"
includes:
(i) Review of the events leading up
to the restraint or seclusion incident;
(ii) Analysis of school personnel's
compliance with an existing behavior intervention plan, Section 504 plan, or
IEP; and
(iii) Consideration of new
or additional behavioral strategies to address the behavior that led to the use
of restraint or seclusion.
(6) "Exclusion" means 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.
(7) Functional Behavior
Assessment.
(a) "Functional behavior
assessment" means the systematic process of gathering information to guide the
development of an effective and efficient behavior intervention plan for the
problem behavior.
(b) "Functional
behavior assessment" includes the:
(i)
Identification of the functions of the problem behavior for the
student;
(ii) Description of the
problem behavior exhibited in the educational setting; and
(iii) Identification of environmental and
other factors and settings that contribute to or predict the occurrence,
nonoccurrence, and maintenance of the behavior over time.
(8) "Health care practitioner"
means:
(a) A physician licensed to practice
under Health Occupations Article, Title 14, Annotated Code of
Maryland;
(b) A psychologist
licensed to practice under Health Occupations Article, Title 18, Annotated Code
of Maryland;
(c) A clinical social
worker licensed to practice under Health Occupations Article, Title 19,
Annotated Code of Maryland;
(d) A
registered nurse licensed to practice under Health Occupations Article, Title
8, Annotated Code of Maryland; or
(e) A clinical professional counselor
licensed under Health Occupations Article, Title 17, Annotated Code of
Maryland.
(9) "IEP"
means an individualized education program as defined and developed in
accordance with COMAR 13A.05.01.03.
(10) "IEP team" has the meaning stated in COMAR
13A.05.01.03.
(11) Mechanical
Restraint.
(a) "Mechanical restraint" means
the use of any device or equipment to restrict a student's freedom of
movement.
(b) "Mechanical
restraint" does not include 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:
(i) 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;
(ii) Vehicle
safety restraints when used as intended during the transport of a student in a
moving vehicle;
(iii) Restraints
for medical immobilization; or
(iv)
Orthopedically prescribed devices that permit a student to participate in
activities without risk of harm.
(12) "Nonpublic school" means a school that receives
funds from the Department for the purpose of providing special education and
related services to students with disabilities.
(13) "Parent" has the meaning stated in COMAR
13A.05.01.03.
(14) Physical
Restraint.
(a) "Physical restraint" means a
personal restriction that immobilizes a student or reduces the ability of a
student to move their torso, arms, legs, or head freely.
(b) "Physical restraint" does not include:
(i) Briefly holding a student in order to
calm or comfort the student;
(ii)
Holding a student's hand or arm to escort the student safely from one area to
another;
(iii) Moving a disruptive
student who is unwilling to leave the area when other methods such as
counseling have been unsuccessful; or
(iv) Breaking up a fight in the school
building or on school grounds in accordance with Education Article §
7-307, Annotated Code of
Maryland.
(15)
"Positive behavior interventions, strategies, and supports" means 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.
(16) Protective or Stabilizing Device.
(a) "Protective or stabilizing device" means
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.
(b) "Protective or stabilizing device"
includes:
(i) Adaptive equipment prescribed
by a health professional, if used for the purpose for which the device is
intended by the manufacturer;
(ii)
Seat belts; or
(iii) Other safety
equipment to secure students during transportation in accordance with the
public agency or nonpublic school transportation
plan.
(17)
"Public agency" means the Department, a local school system, the Maryland
School for the Deaf, the Maryland School for the Blind, or the Juvenile
Services Education Program.
(18)
"Restraint" means the use of a physical or mechanical restraint.
(19) "School personnel" means an individual
employed by a public agency or nonpublic school as defined in this
chapter.
(20) Seclusion.
(a) "Seclusion" means the confinement of a
student alone in a room, an enclosure, or any other space from which the
student is physically prevented from leaving during school hours.
(b) "Seclusion" does not include a behavior
intervention plan of separating a student by placing the student:
(i) Into a nonlocked room from which the
student is allowed to leave; or
(ii) Within a separate location in a
classroom from which the student is not physically prevented from
leaving.
(21)
"Section 504 plan" means a plan developed to provide a qualified student with a
disability a free appropriate public education consistent with Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) and its
implementing regulation, 34
C.F.R. §
104.33.
(22) "Serious physical harm" has the same
meaning as "serious bodily injury" as defined in
18 U.S.C. §
1365(h)(3).
(23) "Student with a disability" has the
meaning stated in COMAR 13A.05.01.03.
(24) "Trauma-informed intervention" means 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 an individual's
physical and emotional health and ability to function.
Notes
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