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PARRIS N. GLENDENING, Governor
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Ch. 230
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(3) THE STAFF APPLYING PHYSICAL RESTRAINT HAS BEEN TRAINED IN
ITS SAFE APPLICATION AND HAS DEMONSTRATED SATISFACTORY KNOWLEDGE AND
SAFE APPLICATION OF THE USE OF PHYSICAL RESTRAINT; AND
(4) LESS INTRUSIVE ALTERNATIVES FOR THE STUDENT HAVE FAILED
OR HAVE BEEN DEEMED INAPPROPRIATE.
(C) (1) A PERSON MAY USE PHYSICAL RESTRAINT AS PART OF A FREE AND
APPROPRIATE PUBLIC EDUCATION FOR A STUDENT WHO RECEIVES SPECIAL
EDUCATION, AND WHOSE BEHAVIOR IMPEDES THE STUDENT'S ABILITY TO LEARN,
ONLY IF INDIVIDUALLY DESIGNED POSITIVE BEHAVIOR INTERVENTION STRATEGIES
AND SUPPORTS ALONE ARE. NOT EFFECTIVE IN PREVENTING BEHAVIOR THAT IS
HARMFUL TO THE STUDENT OR TO ANOTHER PERSON.
(2) (I) IF THE INDIVIDUALIZED EDUCATION PLAN TEAM RESPONSIBLE
FOR DESIGNING A STUDENT'S INDIVIDUALIZED EDUCATION PLAN REASONABLY
ANTICIPATES THAT PHYSICAL RESTRAINT OF THE STUDENT WILL BE NECESSARY,
THE TEAM SHALL:
1. MAKE AN INDIVIDUALIZED DETERMINATION REGARDING
THE TYPE OF PHYSICAL RESTRAINT TO BE USED; AND
2. INCLUDE THE USE OF THE PHYSICAL RESTRAINT IN THE
STUDENT'S INDIVIDUALIZED EDUCATION PLAN.
(II) BEFORE MAKING A DETERMINATION UNDER SUBPARAGRAPH
(I)1 OF THIS PARAGRAPH, THE TEAM SHALL TAKE INTO ACCOUNT THE STUDENT'S;
1. MEDICAL HISTORY;
2. DISABILITY CHARACTERISTICS; AND
3. PSYCHOSOCIAL HISTORY TO THE EXTENT KNOWN.
(D) (1) IF PHYSICAL RESTRAINT IS NOT INCLUDED ON A STUDENT'S
INDIVIDUALIZED EDUCATION PLAN AND THE STUDENT REQUIRES PHYSICAL
RESTRAINT, THE INDIVIDUALIZED EDUCATION PLAN TEAM SHALL CONVENE AS
SOON AS PRACTICABLE AFTER THE INCIDENT THAT GIVES RISE TO PHYSICAL
RESTRAINT TO CONSIDER THE NEED FOR INCLUSION OF PHYSICAL RESTRAINT ON
THE STUDENT'S INDIVIDUALIZED EDUCATION PLAN.
(2) (I) IN MAKING A DETERMINATION UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE INDIVIDUALIZED EDUCATION PLAN TEAM SHALL TAKE INTO
ACCOUNT THE STUDENT'S:
1. BEHAVIORAL HISTORY;
2. PREVIOUS RESPONSE TO POSITIVE BEHAVIOR
INTERVENTION STRATEGIES AND SUPPORTS;
3. LIKELIHOOD OF NEED FOR PHYSICAL RESTRAINT DURING
THE REMAINDER OF THE DURATION OF THE STUDENT'S INDIVIDUALIZED
EDUCATION PLAN;
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- 1897 -
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