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PARRIS N. GLENDENING, Governor
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Ch. 230
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(III) NONPUBLIC SCHOOLS THAT RECEIVE FUNDING FROM THE
DEPARTMENT FOR THE PURPOSE OF EDUCATING STUDENTS.
(2) IF THE USE OF INVOLUNTARY TIME OUT WITH A STUDENT DOES NOT
DECREASE DURING AN ACADEMIC QUARTER, THE FOLLOWING ACTIONS SHALL BE
TAKEN:
(I) FOR A STUDENT RECEIVING SPECIAL EDUCATION SERVICES
WHO HAS A BEHAVIOR INTERVENTION PLAN, AN INDIVIDUALIZED EDUCATION PLAN
TEAM MEETING SHALL BE CONVENED WITHIN 10 DAYS OF THE END OF THE
ACADEMIC QUARTER, UNLESS THE PARENT OR GUARDIAN OF THE STUDENT
REQUESTS A MEETING AT A LATER DATE, FOR THE PURPOSE OF:
1. REVIEWING THE STUDENT'S BEHAVIOR INTERVENTION
PLAN; AND
2. MAKING APPROPRIATE REVISIONS AS NECESSARY TO
ENSURE THAT INVOLUNTARY TIME OUT IS NOT USED AS AN ALTERNATIVE TO MORE
EFFECTIVE BEHAVIOR INTERVENTION TECHNIQUES AND TO ENSURE THAT THE
STUDENT DOES NOT MISS INSTRUCTIONAL TIME DUE TO EXCESSIVE PLACEMENT IN
INVOLUNTARY TIME OUT;
(II) FOR A STUDENT RECEIVING SPECIAL EDUCATION SERVICES
WHO DOES NOT HAVE A BEHAVIOR INTERVENTION PLAN, AN INDIVIDUALIZED
EDUCATION PLAN TEAM MEETING SHALL BE CONVENED WITHIN 10 DAYS OF THE
END OF THE ACADEMIC QUARTER, UNLESS THE PARENT OR GUARDIAN OF THE
STUDENT REQUESTS A LATER MEETING DATE, FOR THE PURPOSE OF
RECOMMENDING A FUNCTIONAL BEHAVIORAL ASSESSMENT, TO BE CONDUCTED ON
AN EXPEDITED BASIS AND WITH AN EXPEDITED REVIEW AND DEVELOPMENT OF AN
APPROPRIATE BEHAVIOR INTERVENTION PLAN; AND
(III) FOR A STUDENT WHO DOES NOT RECEIVE SPECIAL EDUCATION
SERVICES, AN IMMEDIATE REFERRAL FOR SPECIAL EDUCATION SHALL BE MADE TO
DETERMINE IF THE STUDENT HAS A DISABILITY THAT MAY WARRANT THE
PROVISION OF SPECIAL EDUCATION SERVICES.
(B) FOR A STUDENT IN SPECIAL EDUCATION FOR WHOM INVOLUNTARY TIME
OUT IS AN ESTABLISHED COMPONENT OF A BEHAVIOR INTERVENTION PLAN, THE
USE OF INVOLUNTARY TIME OUT SHALL BE SPECIFIED ON THE STUDENT'S
INDIVIDUALIZED EDUCATION PLAN.
(C) (1) SCHOOL STAFF SHALL DOCUMENT EACH TIME A STUDENT IS
SUBJECT TO INVOLUNTARY TIME OUT AND THE STARTING AND ENDING TIMES FOR
THE INVOLUNTARY TIME OUT.
(2) THE DOCUMENTATION REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE PROVIDED TO THE STUDENT'S PARENT OR GUARDIAN;
(I) ALONG WITH THE PERIODIC STUDENT PROGRESS REPORTS
MANDATED BY LAW; AND
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- 1899 -
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