D.C. Mun. Regs. tit. 5, r. 5-A3046

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

Rule 5-A3046 - RESTRAINT AND SECLUSION: REPORTING

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 deescalation 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.

D.C. Mun. Regs. tit. 5, r. 5-A3046

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