D.C. Mun. Regs. tit. 5, r. 5-A3044

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3044 - RESTRAINT

3044.1

The LEA shall not use any form of mechanical restraints, as defined in this chapter.

3044.2

The LEA shall not use any form of prone restraints, as defined in this chapter.

3044.3

The LEA shall not use any form of chemical restraints. A drug ordered by a licensed physician as part of an ongoing medical treatment plan or determined by a licensed physician to be medically necessary is not considered a chemical restraint.

3044.4

The LEA shall not use any form of physical restraints, as defined in this chapter, except when the intervention is necessary in emergency circumstances, as defined in this chapter, to protect the child or other person from imminent, serious physical harm and other less intrusive, nonphysical interventions have failed or been determined inappropriate.

3044.5

Physical restraints shall be applied only by LEA personnel who are trained and certified in the appropriate use of specific, evidence-based techniques. The LEA shall maintain copies of training certifications.

3044.6

The use of physical restraints in cases of an emergency shall be limited to the use of the least amount of force necessary and to the shortest time period necessary to protect the child or other person from imminent, serious physical harm, as follows:

(a) The restraint shall end as soon as the child or other person is no longer in imminent danger;

(b) LEA personnel shall provide the child with an explanation of the behavior that resulted in the restraint and instructions on the behavior required to be released from the restraint; and

(c) An LEA staff member shall personally observe the child during the entire duration of the use of the restraint in order to assess the need for continued restraint.

3044.7

The LEA shall not use restraints as a means of coercion, discipline, convenience, or retaliation by staff.

3044.8

Physical restraint is prohibited as a means of punishment or as a response to property destruction, disruption of school order, a child's refusal to comply with a directive, or language that does not constitute a threat of imminent, serious physical harm.

3044.9

The use of restraints is limited or prohibited as follows:

(a) No physical restraint shall be administered in such a way that the child's breathing or speaking is restricted. During the restraint, an LEA staff member shall continuously monitor the physical status of the child, including skin color and respiration. The restraint shall be released immediately upon a determination by the LEA staff member that the child or other person is no longer at risk of causing imminent, serious physical harm. A staff member shall continuously assess the child to determine if medical attention is required;

(b) If the child uses sign language or an augmentative mode of primary communication, the child shall be permitted to have the child's hands free of restraint for brief periods, unless the LEA staff member determines that such freedom appears likely to result in harm to self or others. The restraint shall end as soon as the child is no longer at risk of causing imminent, serious physical harm; and

(c) No physical restraint shall be administered if the child has a medical or psychological condition contraindicative to restraint.

D.C. Mun. Regs. tit. 5, r. 5-A3044

Final Rulemaking published at 69 DCR 5902 7/1/2022