D.C. Mun. Regs. tit. 5-A, § 3046
Restraint and Seclusion: Reporting
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
3046.1 If any form of restraint or seclusion is used, the LEA shall prepare a written report consistent with the requirements of this section.
3046.2 A written incident report shall include the following information:
- (a) The child's name;
- (b) The date of the incident;
- (c) The beginning and ending times of the incident, and beginning and ending times of actual restraint or seclusion;
- (d) A description of relevant events leading up to the restraint or seclusion;
- (e) A description of any interventions used prior to the implementation of restraint or seclusion;
- (f) A log of events during the restraint, including the restraint technique(s) used;
- (g) A log of events during the seclusion;
- (h) A description of any injuries (whether to children, personnel, or others), property damage, or both;
- (i) A list and signatures of the LEA personnel who participated in the implementation, monitoring, and supervision of the restraint or seclusion event; and
- (j) A description of the short-term planned approach to addressing the child's behavior in the future.
3046.3 The written incident report shall be prepared for each individual incident involving a restraint or seclusion and placed in the child’s record within one (1) business day of the incident.
3046.4 A copy of the written incident report shall be sent within one (1) business day of the incident to the child’s parent.
3046.5 If the restraint or seclusion incident involved physical injury to, or caused by, a child, the LEA shall report the incident in writing within one (1) business day to the parent and other District of Columbia agency involved in the child’s
placement, by facsimile or other electronic transmission.
3046.6 The IEP team shall meet within ten (10) school days of the incident to consider the need for a functional behavioral assessment and behavior intervention plan and to discuss non-physical and non-restrictive de-escalation strategies. If the child has a BIP in place, the IEP team shall review and revise as appropriate. If the child is unable or unwilling to attend the IEP team meeting, the LEA shall meet with the child individually to discuss the incident as appropriate.
3046.7 If additional incidents of restraint or seclusion occur within ten (10) school days of the original incident, the LEA and parent may agree to consolidate meetings and discuss all incidents at a meeting to be scheduled no later than fifteen (15) school days after the original incident.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).