Policies and Procedures Handbook
Created by the Resource Center Contact the Webmaster Last Updated: 6/28/05	Garrett County Board of Education 40 South Second Street Oakland, MD 21550 (301)334-8900

I. Use of Exclusion

    C. A setting for exclusion shall:

        1. Provide school personnel with the ability to see the student at all times;
           2. Provide adequate lighting, ventilation, and furnishings; and
        3. Be unlocked and free of barriers to prevent egress.

    E. Each period of exclusion may not exceed 30 minutes.

    G. School personnel shall consider the need to initiate a referral to a pupil services or IEP (Individualized Education Plan) team if a non-disabled student has
         experienced excessive exclusion, to determine if the student has a disability that may require the provision of special education and related services.

    H. School personnel shall refer a student to the IEP Team Chairperson to ensure the implementation of appropriate procedures when a student with a disability has
        experienced an excessive period of exclusion that may result in a change of placement.

II. Use of Physical Restraint

    A. "Physical restraint" means the use of physical force, without the use of any device or material, that restricts the free movement of all or a portion of a student's body.

    B. "Physical restraint" does not include:

        1. briefly holding a student in order to calm or comfort the student;
        2. holding a student's hand or arm to escort the student safely from one area to another;
        3. moving a disruptive student who is unwilling to leave the area if other methods such as counseling have been unsuccessful; or
        4. intervening in a fight in accordance with Education Article 7-307, Annotated Code of Maryland.

    C. The use of physical restraint is prohibited in Garrett County Public Schools, unless:

        1. 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, non-physical interventions have failed or been determined inappropriate;
        2. the student's behavioral intervention plan or IEP ( Individualized Education Plan) describes the specific behaviors and circumstances in which physical restraint
            may be used; or
        3. the parents of a non-disabled student have otherwise provided written consent to the use of physical restraints while a behavior intervention plan is being
            developed.

    D. Physical restraint shall be applied only by school personnel who are trained in the appropriate use of physical restraint.

    E. Only reasonable force as is necessary to protect a student or other person from imminent, serious, physical harm will be used in applying physical restraint.

III. Use of Mechanical Restraint

    A. "Mechanical restraint" 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 and that the student cannot easily remove.
    B. "Mechanical restraint" does not include a protective or stabilizing device.
    C. The use of mechanical restraint is prohibited in Garrett County Public Schools.
    D. School personnel are not prohibited from using a protective or stabilizing device as prescribed by a health professional; or for a student with a disability, in
         accordance with the student's IEP or behavior intervention plan.

IV. Documentation of the Use of Restraint

    A. Each time a student is in a restraint, school personnel shall use Physical Restraint Form to document the following:

        1. other less intrusive interventions that have failed or been determined inappropriate;
        2. the precipitating event immediately preceding the behavior that prompted the use of restraint;
        3. the behavior that prompted the use of a restraint;
        4. the names of the school personnel who observed the behavior that prompted the use of restraint;
        5. the names and signatures of the staff members implementing and monitoring the use of restraint;
        6. the type of restraint;
        7. the length of time in restraint;
        8. the student's behavior and reaction during the restraint; and
        9. the name and signature of the administrator informed of the use of restraint.

    B. This documentation will be maintained in the student's educational record and available for inspection by the student's parent or legal guardian.

    C. Parents will be provided with oral or written notification each time restraint is used, within 24 hours, unless otherwise provided for in a student's behavior intervention
        plan or IEP.

V. The Use of Seclusion

    A. "Seclusion" means the confinement of a student alone in a room from which the student is physically prevented from leaving.

    B. The use of seclusion is prohibited in Garrett County Public Schools unless:

        1. there is an emergency situation and seclusion is necessary to protect a student or another person after other less intrusive interventions have failed or been
            determined to be inappropriate;
        2. the student's IEP or behavioral intervention plan describes the specific behaviors and circumstances in which seclusion may be used; or
        3. the parents of a non-disabled student have otherwise provided written consent for the use of seclusion while a behavior intervention plan is being developed.

    C. At a minimum, a room used for seclusion will be free of objects and fixtures with which a student could self-inflict bodily harm, provide school personnel an adequate
        view of the student from an adjacent area, and provide adequate lighting and ventilation.

    F. At a minimum, school personnel shall reassess a student in seclusion every 30 minutes.

VI. Documentation of Seclusion

    A. Each time a student is placed in seclusion, school personnel shall use Student Seclusion Form to document the following:

        1. other less intrusive interventions that have failed or been determined inappropriate;
        2. the precipitating event immediately preceding the behavior that prompted the use of seclusion;
        3. the behavior that prompted the use of seclusion;
        4. the names and signatures of the staff members implementing and monitoring the seclusion;
        5. justification for initiating the use of seclusion;
        6. the length of time in seclusion;
        7. the student's behavior and reaction during the seclusion; and
        8. the name and signature of the administrator informed of the use of seclusion.

    B. This documentation shall be maintained in the student's educational record and available for inspection by the student's parent or legal guardian.

    C. Unless otherwise provided for in the student's behavior intervention plan, or IEP, each time seclusion is used, school personnel shall provide the student's parent with
         verbal notification or send written notice within 24 hours.

VII. Referral to Pupil Services or IEP Team

    A. If restraint or seclusion is used for a student who has not been identified as a student with a disability, the student shall immediately be referred to the school's pupil
        services team or an IEP team.

    B. If restraint or seclusion is used for a student with a disability, and the student's IEP or behavior intervention plan does not include the use of restraint or seclusion,
        the IEP team shall meet within 10 business days of the incident to consider:

        1. the need for a functional behavioral assessment;
        2. developing appropriate behavioral interventions; and
        3. implementing a behavioral intervention plan.

    C. If restraint or seclusion is used for a student with a disability, and the IEP or behavior intervention plan includes the use of restraint or seclusion, the student's IEP or
        behavior intervention plan shall specify how often the IEP team will meet to review or revise, as appropriate, the student's IEP or behavior intervention plan.

VIII. Professional Development

    A. Each principal will designate school personnel who will receive professional development on these procedures and their appropriate implementation.

        1. At the beginning of each school year principals shall notify the Office of Pupil Services of the person authorized to serve as their school-wide resource to assist in
            ensuring proper administration of exclusion, restraint and seclusion.
        2. School-wide resource personnel shall receive training in current professionally accepted practices and standards regarding:

            a. Positive behavior interventions strategies and supports;
            b. Functional behavior assessment and behavior intervention planning;
            c. Exclusion;
            d. Restraint; and
            e. Seclusion.

IX. Monitoring and Compliance

    A. The Office of Special Education and the Office of Pupil Services will be responsible for monitoring the use of exclusion, restraint and seclusion.

        1. School-wide resource personnel shall review and collect data quarterly pertaining to exclusion, physical restraint, and seclusion and forward it to the Office of Pupil
            Services.
        2. Data will be collected by number, by student and by behavior that precipitated the use of exclusion, physical restraint, or seclusion.

    B. The Office of Special Education and the Office of Pupil Services will be responsible for receiving and investigating complaints regarding exclusion, restraint and
        seclusion practices.

        1. In cases whereby a student or parent of a student feels there has been a violation or a misinterpretation of this policy or procedure, the grievance process outlined
            in the Student Handbook, Rights, Responsibilities and Discipline will be utilized.
        2. The Garrett County Board of Education shall, upon request, submit any information regarding any matter related to exclusion, restrain, or seclusion practices to
            the Maryland State Department of Education.

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