Maryland School Restraint and Seclusion Policy: What Parents Must Know

In 2022, Maryland took one of the strongest legislative positions on school discipline in the country: seclusion is now completely banned in every public and nonpublic school in the state. If your child has been placed in a locked or isolated room at school since July 1, 2022, the school broke the law — full stop.

Physical restraint is still permitted under very narrow conditions, and those conditions are spelled out in COMAR 13A.08.04. Understanding exactly what is legal, what constitutes a violation, and what to do when your child is restrained is essential knowledge for any Maryland parent of a child with a disability.

Seclusion Is Banned in Maryland

Effective July 1, 2022, COMAR 13A.08.04 prohibits the use of seclusion in all Maryland public and nonpublic schools. This is not a restriction — it is a complete prohibition.

Seclusion means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. This includes "calm-down rooms," isolation spaces, and any area where a student is forcibly separated and prevented from exiting. The name given to the room does not matter; if the student cannot freely leave, it is seclusion.

If your child was secluded — either before or after July 2022 — this is a potential basis for an MSDE State Complaint and, depending on the circumstances, a Section 504 or ADA complaint as well.

When Physical Restraint Is Permitted

Physical restraint remains legal in Maryland schools, but only under strictly defined emergency conditions. Under COMAR 13A.08.04.03, physical restraint may only be used when:

1. There is an emergency situation presenting an imminent, serious physical threat to the student or others
2. Less intrusive interventions have failed or are not feasible given the threat
3. The restraint does not involve prone (face-down) restraint, which is banned separately
4. Staff are trained in the specific restraint technique being used

Restraint used as punishment, as a behavior management tool, as a response to non-dangerous behavior (like verbal outbursts or property destruction), or simply because staff find the behavior disruptive is not legal under COMAR. Many school staff do not know this. Many parents don't know it either.

Mechanical restraint — using a device to restrict movement — is also prohibited unless prescribed by a physician for positioning or mobility support and is a voluntary use by the student.

What Must Happen After a Restraint

After any physical restraint occurs, Maryland regulations require immediate notification. The school must:

• Notify the parent or guardian on the day of the incident
• Provide written documentation within one school day
• Document what behavior triggered the restraint, what de-escalation techniques were tried first, the duration of the restraint, and who was involved

If the school is using restraint repeatedly with your child, this is a significant red flag. Repeated restraint suggests the school does not have an effective Behavioral Intervention Plan in place — or isn't implementing one. Under IDEA, when a student's behavior impedes their learning or the learning of others, the IEP team is required to consider Positive Behavioral Interventions and Supports (PBIS) and, when appropriate, conduct a Functional Behavioral Assessment (FBA) and develop a BIP.

A school that restrains a child repeatedly without ever conducting an FBA or developing a meaningful BIP is almost certainly denying that child a Free Appropriate Public Education.

The IEP Team's Obligation

If your child is restrained — even once — it should trigger a conversation with the IEP team. In many cases, it should trigger an emergency IEP meeting.

The questions to ask in writing (always in writing):

• What behavior triggered the restraint, and how does it relate to my child's documented disability?
• What de-escalation strategies were attempted before restraint?
• Does my child currently have a Behavioral Intervention Plan? If not, why not?
• Will the IEP team conduct an FBA as a result of this incident?
• How is restraint being tracked and reported for this student?

Send these questions in a formal email to the special education coordinator and principal. Request written responses. Their answers — or refusals to answer — become part of your documentation record.

If the School's Story Doesn't Add Up

One of the most common advocacy scenarios in Maryland involves a parent receiving vague or minimizing communication about a restraint incident. The school says it was "minor" or "for safety." Your child comes home distressed with marks on their arms.

Under FERPA and Maryland State Government Article § 10-611, you have the right to inspect and review all of your child's educational records — including incident reports, behavioral logs, and any documentation related to restraint events. Request these records in writing. You are entitled to receive them within a reasonable timeframe (typically 10-45 days depending on the type of request).

If the incident reports are missing, incomplete, or contradict what your child reports, this becomes the basis for an MSDE State Complaint. MSDE investigators can compel the school to produce documentation and conduct onsite interviews with staff.

Filing an MSDE State Complaint for Restraint Violations

For most restraint-related violations — using restraint as punishment, failure to notify parents, failure to document, or any use of seclusion — an MSDE State Complaint is the most appropriate and efficient mechanism. You do not need an attorney.

The complaint must:

• Be filed within one year of the violation
• Identify the specific COMAR or IDEA provision violated
• Name the student and the local education agency
• Describe the facts and requested remedy (e.g., compensatory education, staff training, policy revision)

MSDE has 60 days to investigate and issue a Letter of Findings. If violations are substantiated, MSDE can mandate corrective action and compensatory services.

What MSDE Data Shows

MSDE collects and publicly reports data on restraint incidents across Maryland's 24 local education agencies. This data consistently shows that students with disabilities are restrained at dramatically higher rates than general education students. Students with emotional disabilities, autism, and other health impairments are disproportionately represented in restraint data statewide.

If your district is among those with high restraint rates, it likely indicates a systemic failure to adequately staff and train behavioral support personnel — a compliance issue that the local SECAC (Special Education Citizens Advisory Committee) can raise with the Board of Education.

Know Your Leverage

A school that has restrained your child without proper justification, documentation, or parental notification has handed you documented evidence of a COMAR violation. That is leverage. Use it — not to be adversarial, but to force the school to address the behavioral supports your child actually needs.

The Maryland IEP & 504 Advocacy Playbook covers FBA request letters, IEP meeting scripts, and MSDE complaint procedures in detail, with COMAR citations you can reference directly in your written communications with the district.

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