Maryland - Alternatives to Exclusionary Discipline: Programs and Services

Area: 
Programs And Services
Policy Type: 
Statute
Summary: 

State law requires districts to use alternatives to out-of-school suspension or expulsion, such as, in-school suspension, behavioral interventions, or restorative practices.

2017 Maryland Code Education 7-305.1. Student enrolled in public prekindergarten program, kindergarten, first grade, or second grade -- Suspension or expulsion prohibited; exceptions.

(a)  Definitions. --

  • (1) In this section the following words have the meanings indicated.
  • (2) "Public prekindergarten program" means:
    • (i) Any publicly funded prekindergarten program established under § 7-101.1 of this title; or
    • (ii) Any qualified vendor of prekindergarten services as defined in § 7-101.2(a)(7) of this title.
  • (3) "Restorative practices" means practices conducted in a whole-school ethos or culture that supports peacemaking and solves conflict by building a community and addressing harm in a school setting and that:
    • (i) Are conducted by trained staff;
    • (ii) Focus on repairing the harm to the community through dialogue that emphasizes individual accountability; and
    • (iii) Help build a sense of belonging, safety, and social responsibility in the school community.

2017 Maryland Code Education 7-305.1. Student enrolled in public prekindergarten program, kindergarten, first grade, or second grade -- Suspension or expulsion prohibited; exceptions.

(c)  Intervention and support by school. --

  • (1) The school shall provide intervention and support to address the student's behavior if the student is:
    • (i) Suspended under subsection (b) of this section; or
    • (ii) Enrolled in prekindergarten, kindergarten, first grade, or second grade and:
        1. Is disruptive to the school environment; or
        1. Commits an act that would be considered an offense subject to suspension but for the student's grade.
  • (2) Intervention and support provided under paragraph (1) of this subsection includes:
    • (i) Positive behavior interventions and supports;
    • (ii) A behavior intervention plan;
    • (iii) A referral to a student support team;
    • (iv) A referral to an individualized education program team; and
    • (v) A referral for appropriate community-based services.

(d)  Remedying impact of behavior. -- The school system shall remedy the impact of a student's behavior through appropriate intervention methods that may include restorative practices.

(e)  Regulations. -- On or before May 1, 2018, the Department shall adopt regulations to carry out the requirements of this section.

Policy Links: