Section 5-A2819. SECLUSION

 

2819.1A nonpublic special education school or program shall not use any form of seclusion on a District of Columbia student unless it is an emergency, as defined in section A-2816.1.  Use of seclusion as a policy or practice shall be grounds for denying or revoking a certificate of approval. 

 

2819.2A space used for seclusion shall, at a minimum:

 

(a) Be free of objects and fixtures with which a student could self-inflict

bodily harm;

 

(b) Provide school personnel an adequate view of the student from an adjacent

area in accordance with this section; and

 

(c)Provide adequate lighting, ventilation, and appropriate temperature

controls.

 

2819.3In the event of seclusion, nonpublic special education school or program personnel shall view a student placed in seclusion at all times, by remaining within sight of the student, consistent with section A-2819.5 herein, and shall provide the student with an explanation of the behavior that resulted in the seclusion and instructions on the behavior required to be released from the seclusion.

 

2819.4Seclusion shall only be applied by nonpublic special education school or program personnel who are trained in the appropriate use of the specific, authorized technique and knowledgeable of these regulatory provisions and any other guidance issued by OSSE.  Copies of those certifications shall be maintained on file at the nonpublic special education school or program.

 

2819.5Nonpublic special education school or program personnel shall continuously monitor a student placed in seclusion and speak with the student every ten (10) minutes at minimum.  After thirty (30) minutes, the Director, Head of Special Education or other senior personnel shall personally observe the student to assess the need for continued seclusion.  No seclusion shall continue longer than one (1) hour.

 

2819.6If the space used for seclusion has a locking mechanism, it must only be engaged

when it is held in position by a person, or if electronically engaged, must

automatically release if the building’s fire alarm system is activated.

 

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, 9457 (October 8, 2010).

EditorNote

5 DCMR A § 2819 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).