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Bill would require Maryland to track school emergency‑evaluation petitions after witnesses testify to harmful practices
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Summary
HB 10 60 would require Maryland public schools to track petitions for emergency evaluation (EPs), gather data on circumstances and outcomes, and convene a workgroup to recommend best practices; parents and disability‑rights advocates told the committee that EPs were sometimes used inappropriately against students with disabilities.
Delegate Stephanie Smith presented HB 10 60 to require a statewide reporting system for petitions for emergency psychiatric evaluation initiated in school settings and to convene a workgroup of educators, health professionals, law enforcement and family advocates to study practices.
Parents and advocates described cases in which EPs led to police transport, handcuffs, emergency‑room visits and long waits for behavioral‑health placements. Kathy Flynn described her son Ellis, a first‑grader with autism and ADHD, who was removed to the emergency room after an EP; the ER assessment noted the petition was not appropriate for a child of his age and condition. "Ellis's EP could represent untold other children," Flynn said.
Leslie Margolis of Disability Rights Maryland and Logan Ewing of Kennedy Krieger Institute urged uniform data collection, saying some districts use EPs frequently while others do not, and that disparities (age, race, disability status) cannot be addressed without consistent information. Testimony noted previous Department of Justice interactions with Wicomico County related to EP use.
Sponsor testimony described the bill's data elements — reason for petition, whether a student had an IEP or 504 plan, whether handcuffs were used, and eventual outcomes — and a tiered reporting structure to protect privacy while informing policymakers. Several witnesses emphasized training and alternatives to EPs.
The committee heard the joint panel from the health committee and accepted written testimony. No committee vote was taken; if advanced, the bill would require MSDE to implement a tracking system and report aggregated data to the General Assembly.
Provenance: Testimony and witness panels (SEG 1342–SEG 1564).
