Maryland 2022 Regular Session

Maryland House Bill HB1255

Introduced
2/11/22  
Refer
2/11/22  
Report Pass
3/19/22  
Engrossed
3/21/22  
Refer
3/21/22  
Report Pass
3/29/22  
Enrolled
4/1/22  

Caption

Education - Physical Restraint and Seclusion - Limitations, Reporting, and Training

Impact

The bill significantly modifies how schools handle instances of student behavior deemed disruptive or dangerous. By instituting strict limits on the use of seclusion and physical restraint, the legislation aims to protect students from potentially harmful practices while ensuring that appropriate behavioral interventions are utilized. In addition, schools must report incidents of these interventions, allowing for oversight and better data collection regarding their prevalence and effectiveness. This ruling could transform the educational environment, making it safer and more responsive to the unique needs of students, particularly those with disabilities.

Summary

House Bill 1255 addresses the use of physical restraint and seclusion in schools, specifically outlining limitations and requirements for public agencies and nonpublic schools. The bill prohibits the use of seclusion as a behavioral health intervention, with exceptions only in cases where the student poses an imminent threat of serious physical harm. It mandates that if physical restraint is used, it should be the last resort after less intrusive interventions have failed. Furthermore, the State Department of Education is tasked with creating an accountability system to measure compliance with the new regulations. This aims to ensure better safety and care for students who may require behavioral interventions.

Sentiment

The sentiment surrounding HB 1255 indicates broad support for the need to protect students and promote better behavioral health interventions. Advocates for children's rights and educational reform view the bill as a crucial step towards creating a more supportive and understanding environment for students with behavioral issues. Nevertheless, there remain concerns among some educational professionals regarding the bill's practical implications in managing violent or noncompliant behavior, as there is a worry that restricting the use of restraint may limit necessary actions during emergencies.

Contention

Notable points of contention stem from the balance between ensuring student safety and the potential for perceived limitations in managing extreme behavioral incidents. Critics argue that while the intentions behind the bill are admirable, the restrictions might hinder educators' abilities to effectively manage crises in the classroom. The debate highlights a fundamental tension between fostering a safe learning environment and maintaining the ability of educators to respond effectively to immediate threats, which remains a critical issue among stakeholders.

Companion Bills

MD SB705

Crossfiled Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training

Previously Filed As

MD SB705

Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training

MD AB2657

Pupil discipline: restraint and seclusion.

MD HB07214

An Act Concerning The Physical Restraint And Seclusion Of Students By School Employees.

MD AB2670

Pupil discipline: restraint and seclusion: reporting.

MD AB1466

Pupil discipline: restraint and seclusion: reporting.

MD LD1248

An Act Regarding Physical Escort and Restraint and Seclusion of Students in Schools

MD HB684

Provides relative to the use of seclusion and physical restraint to address the behavior of students with exceptionalities (EN NO IMPACT See Note)

MD HB237

Provides relative to the use of seclusion and physical restraint to address the behavior of students with exceptionalities (OR INCREASE GF EX See Note)

MD HB79

An Act To Amend Title 14 Of The Delaware Code Relating To Limitations On The Use Of Seclusion And Restraint.

MD SB59

Provides relative to the use of seclusion and physical restraint to address the behavior of students with exceptionalities. (EN SEE FISC NOTE LF EX See Note)

Similar Bills

MD SB705

Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training

MD HB497

Residential Child Care Programs - Transportation Companies - Regulation (Preventing Abduction in Youth Transport Act of 2025)

MD SB400

Residential Child Care Programs - Transportation Companies - Regulation (Preventing Abduction in Youth Transport Act of 2025)

CA SB483

Pupil rights: prone restraint.

CA AB216

School safety: Pupil and Staff Safety Pilot Program.

TX SB1584

Relating to positive behavioral interventions and supports for students enrolled in public school who receive special education services.

NM HB260

Allowable Responses To Student Behavior