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Home > Rules & Legislation > Proposed Rule Changes > Chapter 33 > CBR Team Meetings > September 16, 2011 Behavioral Handouts

Behavioral Plans

Referral to a Pupil Services or IEP Team.

  1. 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.
  2. 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, in accordance with COMAR
    13A.08.03, 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.
  3. 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 shall meet to review or revise, as appropriate, the
    student's IEP or behavior intervention plan, in accordance with COMAR
    13A.05.01 and 13A.08.03.
  4. When an IEP team meets to review or revise a student's IEP or behavior
    intervention plan, as specified in §C(3) of this regulation, the IEP team
    shall consider:
    1. Existing health, physical, psychological, and psychosocial information;
    2. Information provided by the parent;
    3. Observations by teachers and related service providers; and
    4. The student's current placement.
  5. The local school system or nonpublic school shall provide the parent of
    the student with written notice in accordance with COMAR 13A.05.01.12A when an IEP team proposes or refuses to initiate or change the student's IEP or behavior intervention plan that includes the use of restraint or seclusion,
  6. A parent may request mediation in accordance with COMAR 13A.05.01.15B or a due process hearing in accordance with COMAR 13A.05.01.15C if the parent disagrees with the IEP team decision to propose or refuse to initiate or change:
    1. The student's IEP;
    2. The student's behavior intervention plan to use restraint or seclusion; or
    3. The student's placement.