Section 5-A2820. RESTRAINT AND SECLUSION REPORTING AND FOLLOWUP

 

2820.1If any form of restraint or seclusion is used, the nonpublic special education school or program shall prepare and file a written report consistent with the requirements of this section.

 

2820.2A written incident report shall include the following information:

 

(a)The student’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 incident;

 

(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 students, personnel or others) and/or property damage;

 

(i)A list and signatures of the school 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 student’s behavior in the future.

 

2820.3The written incident report shall be prepared for each individual incident involving a restraint or seclusion, and shall be placed in the student’s permanent file within twenty four (24) hours of the incident.

 

2820.4A copy of the written incident report shall be sent within one (1) business day of the incident to the student’s parent(s), the sending LEA and any other District of Columbia agency involved in the student’s placement.

 

2820.5Except in the case where a child’s IEP authorizes the use of restraint and/or seclusion and a BIP had been created, the IEP team shall meet within ten (10) school days of the incident to consider the need for a FBA and BIP and to discuss non-physical and non-restrictive de-escalation strategies. If the student has a BIP in place, the IEP team shall review and revise as appropriate. If the student is unable or unwilling to attend the IEP team meeting, the nonpublic special education school or program shall meet with the student individually to discuss the incident as appropriate after consulting with the sending LEA.

 

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, 9458 (October 8, 2010).

EditorNote

5 DCMR A § 2820 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).