D.C. Mun. Regs. tit. 5-A, § 3045
Seclusion
Effective Jul 1, 2022Published May 27, 202269 DCR 005902Authority: Sections 3(b)(8), 3(b)(9), 3(b)(10), 3(b)(11), and 3(b)(15) of the State Education Office Establishment Act of 2000, effective October 21, 2000, (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(8), (b)(9), (b)(10), (b)(11) and (b)(15) (2018 Repl.)); Sections 102(b) and 202(b) of the Enhanced Special Education Services Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-195; D.C. Official Code §§ 38-2614(a)(1) & (b) and 38-2561.02(a)(2018 Repl.)); Section 115 of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code § 38-2561.15) (2018 Repl.)); Mayor’s Order 2007-149, dated June 28, 2007; Part B and Part C of the Individuals with Disabilities Education Act, approved December 3, 2004 (Pub. L. 108-446; 118 Stat. 2647; 20 U.S.C. § 1400 et seq.) (“IDEA”) and regulations promulgated thereunder at 34 C.F.R. Parts 300 and 303; and Title I, Subpart A and Title III, Subpart A of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (Pub. L. 89-10, 79 Stat. 27), as amended by the Every Student Succeeds Act, approved December 10, 2015 (Pub. L. 114-95, 129 Stat. 1802; 20 U.S.C. §§ 6311-6339 and §§ 6811-6861) and Section 204(f) of the Equal Educational Opportunities Act of 1974, approved August 21, 1974 (Pub. L. 93-380; 88 Stat. 514; 20 U.S.C. § 1703(f)). Source: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).District of Columbia, Office of the Secretary
3045.1 The LEA shall not use any form of seclusion except in emergency circumstances, as defined in this chapter.
3045.2 A space used for seclusion shall:
- (a) Be free of objects and fixtures with which a child could self-inflict bodily harm;
- (b) Provide LEA personnel an adequate view of the child from an adjacent area in accordance with this section; and
- (c) Provide adequate lighting, ventilation, and appropriate temperature controls.
3045.3 In the event of seclusion, LEA personnel shall view a child placed in seclusion at all times by remaining within sight of the child, consistent with Section 3045.5, and shall provide the child with an explanation of the behavior that resulted in the seclusion and instructions on the behavior required to be released from the seclusion.
3045.4 Seclusion shall only be applied by LEA personnel who are trained in the proper use of appropriate techniques supported by written policies and procedures established by the LEA and consistent with regulations and guidance issued by the SEA.
3045.5 LEA personnel shall continuously monitor a child placed in seclusion and speak with the child every ten (10) minutes at minimum. After thirty (30) minutes, the Director, Head of Special Education, or other senior LEA personnel shall personally observe the child to assess the need for continued seclusion. No seclusion shall continue longer than one (1) hour.
3045.6 If the space used for seclusion has a locking mechanism, it shall only be engaged when it is held in position by a person, or if electronically engaged, shall automatically release if the building's fire alarm system is activated.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).