Sec. 13a.08.04.02. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Behavior intervention plan" means a proactive, data-based, structured plan that is developed as a result of a functional behavioral 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.

(2) "Business day" has the meaning stated in COMAR 13A.08.03.

(2-1) 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.

(3) "Department" means the Maryland State Department of Education.

(4) "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.

(5) 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.

(6) "IEP" means an individual education program as defined and developed in accordance with COMAR 13A.05.01.

(7) "IEP team" has the meaning stated in COMAR 13A.05.01.

(8) 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.

(9) "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 in accordance with COMAR 13A.09.10.

(10) "Parent" has the meaning stated in COMAR 13A.05.01.

(11) Physical Restraint.

(a) "Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move the student’s torso, arms, legs, or head freely.

(b) "Physical restraint" does not include:

(i) Briefly holding a student to calm or comfort the student;

(ii) 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;

(iii) Moving a disruptive student who is unwilling to leave the area if other methods such as counseling have been unsuccessful; or

(iv) Intervening in a fight in accordance with Education Article §7-307, Annotated Code of Maryland.

(12) "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.

(13) 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.

(14) "Public agency" has the meaning stated in COMAR 13A.05.01.

(15) "Restraint" means the use of a physical or mechanical restraint.

(16) "School personnel" means an individual employed by a public agency or nonpublic school as defined in this chapter.

(17) Seclusion.

(a) “Seclusion” means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving.

(b) “Seclusion” does not include a timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

(18) "Student with a disability" has the meaning stated in COMAR 13A.05.01.

(19) “Trauma-informed intervention” means an approach that is informed by the recognition of the impact that trauma, including violence, abuse, neglect, disaster, terrorism, and war, may have on a student’s physical and emotional health and ability to function effectively in an educational setting.