A. Upon receipt of notification from the Department that an elementary school's out-of-school suspension rate exceeds the standard specified in § B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:

• (1) A PBIS; or
• (2) An alternative behavioral modification program developed in collaboration with the Department.

B. An elementary school is subject to this regulation if it has an out-of-school suspension rate that exceeds:

• (1) 18 percent of its enrollment for the 2005--2006 school year;
• (2) 16 percent of its enrollment for the 2006--2007 school year;
• (3) 14 percent of its enrollment for the 2007--2008 school year;
• (4) 12 percent of its enrollment for the 2008--2009 school year; and
• (5) 10 percent of its enrollment for the 2009--2010 school year and each school year thereafter.

C. The school principal or the principal's designee and appropriate staff members shall:

• (1) Develop a plan for implementing a program as set forth in § A of this regulation;
• (2) Attend PBIS or alternative behavior modification training program approved by the Department; and
• (3) Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program.

D. The following apply to an elementary school that has at least one grade beyond grade 5:

• (1) The suspension rates in § B of this regulation shall apply to students in prekindergarten through grade 5; and
• (2) PBIS or the alternative behavioral modification program shall focus on students in prekindergarten through grade 5.

E. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.

F. An elementary school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:

• (1) The elementary school has already implemented a PBIS or an alternative behavior modification program; and
• (2) The elementary school has a suspension rate that exceeds the standard specified in § B of this regulation.

A. Upon receipt of notification from the Department that a school's habitual truancy rate exceeds the standard specified in § B of this regulation, the local school superintendent or the superintendent's designee shall direct the principal of the school to implement:

• (1) A PBIS; or
• (2) An alternative behavior modification program developed in collaboration with the Department.

B. A school is subject to this regulation if it has a truancy rate that exceeds:

• (1) 8 percent of its enrollment for the 2008--2009 school year;
• (2) 6 percent of its enrollment for the 2009--2010 school year;
• (3) 4 percent of its enrollment for the 2010--2011 school year;
• (4) 2 percent of its enrollment for the 2011--2012 school year; and
• (5) 1 percent of its enrollment for the 2012--2013 school year and each school year thereafter.

C. The school principal or the principal's designee and appropriate staff members shall:

• (1) Develop a plan for implementing a program as set forth in § A of this regulation;
• (2) Attend PBIS or alternative behavior modification training program approved by the Department; and
• (3) Follow implementation guidelines and practices for PBIS or the alternative behavior modification training program.

D. A school shall expand its existing PBIS or alternative behavior modification program by providing more intensive interventions to targeted students in need of such interventions if:

• (1) The school has already implemented a PBIS or an alternative behavior modification program; and
• (2) The school has a truancy rate that exceeds the standard specified in § B of this regulation.

E. Nothing in this regulation precludes a school system from implementing PBIS or an alternative behavioral modification program either in specific schools or system-wide.

The State Superintendent shall consult with representatives of institutions of higher education and the Professional Standard and Teacher Education Board under Title 6, Subtitle 7 of this article with respect to the training requirements for teachers and administrators to ensure that sufficient training is available regarding evidence-based positive behavioral interventions, strategies, and supports consistent with professionally accepted practices and Standard for persons entering the field of education.

(a)  "Positive Behavioral Interventions and Support Program" defined. -- In this section, "Positive Behavioral Interventions and Support Program" means the research-based, systems approach method adopted by the State Board to build capacity among school staff to adopt and sustain the use of positive, effective practices to create learning environments where teachers can teach and students can learn.

(b)  Program established -- Suspension. --

• (1) Subject to paragraph (3) of this subsection, each county board shall require an elementary school that has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection to implement:
• (i) A positive behavioral interventions and support program; or
• (ii) An alternative behavior modification program in collaboration with the Department.
• (2) An elementary school is subject to this subsection if it has a suspension rate that exceeds:
• (i) 18 percent of its enrollment for the 2005-2006 school year;
• (ii) 16 percent of its enrollment for the 2006-2007 school year;
• (iii) 14 percent of its enrollment for the 2007-2008 school year;
• (iv) 12 percent of its enrollment for the 2008-2009 school year; and
• (v) 10 percent of its enrollment for the 2009-2010 school year and each school year thereafter.
• (3) An elementary school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its existing program if it has a suspension rate that exceeds the standard specified in paragraph (2) of this subsection.

(c)  Program established -- Truancy. --

• (1) Subject to paragraph (3) of this subsection, each county board shall require a school that has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection to implement:
• (i) A positive behavioral interventions and support program; or
• (ii) An alternative, research-based, positive, and effective behavior modification program in collaboration with the Department.
• (2) A school is subject to this subsection if it has a truancy rate that exceeds:
• (i) 8 percent of its enrollment for the 2008-2009 school year;
• (ii) 6 percent of its enrollment for the 2009-2010 school year;
• (iii) 4 percent of its enrollment for the 2010-2011 school year;
• (iv) 2 percent of its enrollment for the 2011-2012 school year; and
• (v) 1 percent of its enrollment for the 2012-2013 school year and each school year thereafter.
• (3) A school that has already implemented a positive behavioral interventions and support program or a behavior modification program shall expand its program if it has a truancy rate that exceeds the standard specified in paragraph (2) of this subsection.

(d)  Regulations. -- The State Board shall adopt regulations to implement the provisions of this section.

(d) Regulations. --

• (1) Subject to the provisions of subsections (b) and (c) of this section, each county board shall adopt regulations designed to create and maintain within the schools under its jurisdiction the atmosphere of order and discipline necessary for effective learning.
• (2) The regulations adopted by a county board under this subsection:
• (i) Shall provide for educational and behavioral interventions, restorative approaches, counseling, and student and parent conferencing;
• (ii) Shall provide alternative programs, which may include in-school suspension, suspension, expulsion, or other disciplinary measures that are deemed appropriate; and
• (iii) Shall state that the primary purpose of any disciplinary measure is rehabilitative, restorative, and educational.

(e) Disaggregation of data. --

• (1) On or before October 1 each year, the Department shall submit to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly, a student discipline data report that includes a description of the uses of restorative approaches in the State and a review of disciplinary practices and policies in the State.
• (2) The Department shall disaggregate the information in any student discipline data report prepared by the Department by race, ethnicity, gender, disability status, eligibility for free or reduced price meals or an equivalent measure of socioeconomic status, English language proficiency, and type of discipline for:
• (i) The State;
• (ii) Each local school system; and
• (iii) Each public school.
• (3) Special education-related data in any report prepared under this subsection shall be disaggregated by race, ethnicity, and gender.

(f) Collection of data on alternative school discipline practices. --

• (1) In this subsection, "alternative school discipline practice" means a discipline practice used in a public school that is not an in-school suspension or an out-of-school suspension.
• (2) The Department shall collect data on alternative school discipline practices in public schools for each local school system, including:
• (i) The types of alternative school discipline practices that are used in a local school system; and
• (ii) The type of misconduct for which an alternative discipline practice is used.