Section 5-A2814. INDIVIDUALIZED BEHAVIOR SUPPORT AND DISCIPLINE

2814.1Behavior support programs and plans used by a nonpublic special education school or program shall be based on an individual behavior intervention plan and the utilization of school-wide positive behavior intervention supports. If the behavior of a student impedes the student’s learning or the learning of other students, the IEP team shall consider the use of positive behavioral supports and other strategies to address that behavior in conformance with the IDEA and its implementing regulations (20 U.S.C. §1414(d)(3)(B)(i); 34 C.F.R. 300.324(a)(2)(i)). Further, if the student’s behavior that impedes learning is not addressed in the IEP, the IEP team must review and revise the IEP to ensure that the student receives appropriate positive behavioral interventions and supports and other strategies (34 C.F.R. 300.324(a)(2)(i) and 300.324(a)(3)(i)).

2814.2 All nonpublic special education schools and programs must ensure compliance with the IDEA’s discipline procedures and related procedural safeguards. Any behavioral intervention strategies shall be designed to enhance the delivery of the IEP to support minimal interruption of the academic program. When determining whether a change in placement is appropriate for a student with a disability who violates a code of student conduct, the nonpublic special education school or program shall implement procedures consistent with the IDEA and its implementing regulations (20 U.S.C. §§1415(k)(1) and (7), 34 C.F.R. 300.530).

2814.3All nonpublic special education schools and programs shall be prohibited from using demeaning, violent or coercive treatment with District of Columbia students.  Nonpublic special education schools and programs shall not use restraints or seclusion in any form on District of Columbia students, other than in an emergency circumstance as defined below in section A-2816 below.  Seclusion and restraint shall not be used, under any circumstances, as a means of coercion, discipline, convenience or retaliation by staff with District of Columbia students.  When an emergency intervention is needed to address problem behavior, the type of intervention chosen shall be the least intrusive necessary. 

 

authority

Set forth in sections 3(b)(8) and (11) 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) and (11)) (2010 Supp.); sections 101 et seq. 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 § 38-2561.01 et seq.) (2010 Supp.); and Mayor’s Order 2007-149 (June 28, 2007), and Article II of An Act to provide for compulsory school attendance, and for other purposes, approved February 4, 1925 (43 Stat. 805; D.C. Official Code §§ 38-202 et seq.) (2001 and 2010 Supp.).

source

Final Rulemaking published at 57 DCR 9444, 9454 (October 8, 2010).

EditorNote

5 DCMR A § 2814 was originally published in chapter 28 (Certification of Approval for Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Education Rates. The title to chapter 28 was amended to "Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Eucation Rates" by Notice of Final Rulemaking published at 58 DCR 5442 (July 1, 2011).