Bill
Bill > SB705
MD SB705
MD SB705Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training
summary
Introduced
02/04/2022
02/04/2022
In Committee
03/31/2022
03/31/2022
Crossed Over
03/18/2022
03/18/2022
Passed
04/05/2022
04/05/2022
Dead
Signed/Enacted/Adopted
05/29/2022
05/29/2022
Introduced Session
2022 Regular Session
Bill Summary
AN ACT concerning Education - Physical Restraint and Seclusion - Limitations, Reporting, and Training FOR the purpose of prohibiting a public agency certain public agencies from using seclusion as a behavioral health intervention for a student; prohibiting a public agency from using physical restraint and a nonpublic school from using physical restraint or seclusion as a behavioral health intervention for a student, except under certain circumstances; requiring the State Department of Education to develop an accountability system to measure compliance with regulations adopted on the use of physical restraint and seclusion; altering the content and participants of certain training on positive behavioral interventions; and generally relating to the physical restraint and seclusion of students by public agencies and nonpublic schools. BY renumbering Article - Education Section 7-1102 through 7-1104, respectively to be Section 7-1104 through 7-1106, respectively Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) BY repealing and reenacting, with amendments, Article - Education Section 7-1101 Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) BY adding to Article - Education Section 7-1102 and 7-1103 7-1102, 7-1103, and 7-1106 Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) BY repealing and reenacting, with amendments, Article - Education Section 7-1104 and 7-1106 Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) (As enacted by Section 1 of this Act)
AI Summary
This bill:
1. Prohibits public agencies, including the Department of Education, local school systems, the Maryland School for the Deaf, and the Maryland School for the Blind, from using seclusion as a behavioral health intervention for students.
2. Prohibits public agencies and nonpublic schools from using physical restraint on students as a behavioral health intervention, except when necessary to protect the student or another individual from imminent serious physical harm and other less intrusive interventions have failed or been inappropriate.
3. Requires nonpublic schools to meet specific conditions, including having a health care practitioner on site and observing the student, before using seclusion as a behavioral health intervention.
4. Requires public schools and nonpublic schools to report to the Department of Education when a student has been physically restrained or placed in seclusion 10 or more times in a school year, so the local school system or Department can review the case and recommend less restrictive interventions.
5. Requires the Department of Education to develop an accountability system to measure compliance with regulations on physical restraint and seclusion, analyze data on behavioral interventions, and report findings to the General Assembly.
6. Requires the State Superintendent to adopt training requirements for teachers, administrators, and other school staff on evidence-based positive behavioral interventions, including trauma-informed strategies, to address any gaps identified.
Committee Categories
Budget and Finance, Health and Social Services
Sponsors (3)
Last Action
Enacted under Article II, Section 17(c) of the Maryland Constitution - Chapter 562 (on 05/29/2022)
bill text
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0705?ys=2022RS |
| BillText | https://mgaleg.maryland.gov/2022RS/Chapters_noln/CH_562_sb0705e.pdf |
| BillText | https://mgaleg.maryland.gov/2022RS/bills/sb/sb0705e.pdf |
| Favorable with Amendments 733020/1 Adopted | https://mgaleg.maryland.gov/2022RS/amds/bil_0005/sb0705_73302001.pdf |
| BillText | https://mgaleg.maryland.gov/2022RS/bills/sb/sb0705t.pdf |
| Floor Amendment 233424/1 (Senator Cassilly) Rejected (13-31) | https://mgaleg.maryland.gov/2022RS/amds/bil_0005/sb0705_23342401.pdf |
| Favorable with Amendments 433527/1 | https://mgaleg.maryland.gov/2022RS/amds/bil_0005/sb0705_43352701.pdf |
| Vote Image | https://mgaleg.maryland.gov/2022RS/votes_comm/sb0705_ehe.pdf |
| BillText | https://mgaleg.maryland.gov/2022RS/bills/sb/sb0705f.pdf |
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