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A physical device used to restrict the movement of a child or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered a mechanical restraint. Research note: This definition comes from Title 5-A DCMR Chapter 30 — Special Education, which establishes D.C.'s state-level special-education requirements.

A personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely. The term physical restraint does not include a physical escort or the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location. Research note: This definition comes from Title 5-A DCMR Chapter 30 — Special Education, which establishes D.C.'s state-level special-education requirements.

Not specifically defined. D.C.’s special education regulations prohibit chemical restraint but do not provide a standalone definition. The regulations specify that medication 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 chemical restraint. 5-A DCMR § 3044.3.

Not specifically defined. D.C.’s special education regulations distinguish time-out from seclusion, describing time-out or a similar behavior-management technique as potentially involving separation of the student from the group “in an unlocked setting, for the purpose of calming.” 5-A DCMR § 3099.

The involuntary confinement of a child alone in a room or area from which he or she is physically prevented from leaving, or from which the child believes he or she may not leave, whether or not in a locked area, except that such term does not include a time out or other similar behavior management technique that may involve the separation of the student from the group, in an unlocked setting, for the purpose of calming. Research note: This definition comes from Title 5-A DCMR Chapter 30 — Special Education, which establishes D.C.'s state-level special-education requirements.

The use, or attempted use, of physical force upon, or against, a student, either intentionally or with reckless disregard for the student’s safety, as a punishment, or discipline. 5-E DCMR § 2403.1.

Yes. A space used for seclusion must be free of objects and fixtures with which a child could self-inflict bodily harm; provide LEA personnel an adequate view of the child from an adjacent area; and provide adequate lighting, ventilation, and appropriate temperature controls. 5-A DCMR § 3045.2(a)-(c). No specific minimum room size or square-footage requirement is stated.

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. The restraint shall end as soon as the child or other person is no longer in imminent danger. 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. 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: 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. 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. No physical restraint shall be administered if the child has a medical or psychological condition contraindicative to restraint. Research Note: § 3044.6(b) requires personnel to provide the child with instructions on the behavior required to be released from restraint. §§ 3044.6(a) and 3044.9(a) also require restraint to end as soon as the child or other person is no longer at risk of imminent, serious physical harm. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students.

Mechanical restraint is prohibited. There are no circumstances under which an LEA may use mechanical restraint. 5-A DCMR § 3044.1 provides: “The LEA shall not use any form of mechanical restraints, as defined in this chapter.” Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students.

Chemical restraint is prohibited. There are no permitted criteria for its use. 5-A DCMR § 3044.3 provides that “The LEA shall not use any form of chemical restraints.” However, 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. 5-A DCMR § 3044.3. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students. For D.C.-funded students in nonpublic special education placements under Chapter 28, chemical restraint may be used when determined to be medically necessary, ordered by a physician, and administered in conformance with the student’s medical treatment plan. 5-A DCMR § 2816.8.

3045.1 The LEA shall not use any form of seclusion except in emergency circumstances*, as defined in this chapter. 3045.2 A space used for seclusion shall be free of objects and fixtures with which a child could self-inflict bodily harm; provide LEA personnel an adequate view of the child from an adjacent area in accordance with this section; and provide adequate lighting, ventilation, and appropriate temperature controls. 3045.3 In the event of seclusion, LEA personnel shall view a child placed in seclusion at all times by remaining within sight of the child, consistent with Section 3045.5, and shall provide the child with an explanation of the behavior that resulted in the seclusion and instructions on the behavior required to be released from the seclusion. 3045.4 Seclusion shall only be applied by LEA personnel who are trained in the proper use of appropriate techniques supported by written policies and procedures established by the LEA and consistent with regulations and guidance issued by the SEA. 3045.5 LEA personnel shall continuously monitor a child placed in seclusion and speak with the child every ten (10) minutes at minimum. After thirty (30) minutes, the Director, Head of Special Education, or other senior LEA personnel shall personally observe the child to assess the need for continued seclusion. No seclusion shall continue longer than one (1) hour. 3045.6 If the space used for seclusion has a locking mechanism, it shall only be engaged when it is held in position by a person, or if electronically engaged, shall automatically release if the building’s fire alarm system is activated. *Emergency circumstances – Circumstances in which a child poses an imminent threat of serious physical harm to self or others. 5-A DCMR § 3099 (Definitions) Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students.

The use of corporal punishment in any form is strictly prohibited in and during all aspects of the public school environment or school activities. No student shall be subject to the infliction of corporal punishment by any teacher, other student, administrator, or other school personnel. 5-E DCMR § 2403.2. Research note: 5-E DCMR § 2403.5 provides that prohibited corporal-punishment conduct includes, but is not limited to, shoving, striking, grabbing, shaking, hitting, throwing objects, unreasonable restraint, and directing others to engage in such conduct. The regulation provides exceptions where physical force is prompted by reasonable efforts at self-defense or defense of others, is necessary to maintain or regain order, or is necessary for the safety of the educational environment.

Not specified. 5-A DCMR Chapter 30 does not establish criteria for the use of time-out. Section 3099 distinguishes time-out from seclusion by excluding “a time out or other similar behavior management technique that may involve the separation of the student from the group, in an unlocked setting, for the purpose of calming” from the definition of seclusion. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students.

Yes

Within one (1) business day of the incident. A written incident report must be prepared for each individual incident of restraint or seclusion, placed in the child’s record within one (1) business day, and a copy sent to the child’s parent within one (1) business day of the incident. If the incident involved physical injury to, or caused by, the child, the LEA must also report the incident in writing within one (1) business day to the parent and any other D.C. agency involved in the child’s placement. The IEP team must meet within ten (10) school days of the incident to consider whether an FBA and BIP are needed and to discuss nonphysical, nonrestrictive de-escalation strategies. If additional restraint or seclusion incidents occur during that period, the LEA and parent may agree to consolidate the meetings, but the meeting must occur no later than fifteen (15) school days after the original incident. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students.

A written incident report is required for each individual incident involving restraint or seclusion. The report must include the child’s name; date of the incident; beginning and ending times of the incident and of the actual restraint or seclusion; a description of relevant events leading up to the restraint or seclusion; a description of interventions used beforehand; a log of events during the restraint, including the restraint technique(s) used; a log of events during seclusion; a description of any injuries to children, personnel, or others and/or property damage; a list and signatures of LEA personnel who participated in the implementation, monitoring, and supervision of the restraint or seclusion; and a description of the short-term planned approach to addressing the child’s behavior in the future. The report must be placed in the child’s record within one (1) business day, and a copy must be sent to the parent within one (1) business day. If the incident involved physical injury to, or caused by, the child, the LEA must also report the incident in writing within one (1) business day to the parent and any other District of Columbia agency involved in the child’s placement. 5-A DCMR §§ 3046.1–3046.5. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students.

Reporting is required for each individual incident involving the use of restraint or seclusion. A written incident report must be prepared and placed in the child’s record within one (1) business day of the incident. A copy must also be sent to the child’s parent within one (1) business day. If the incident involved physical injury to, or caused by, the child, the incident must additionally be reported in writing within one (1) business day to the parent and any other District of Columbia agency involved in the child’s placement. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students. For D.C.-funded students in nonpublic special education placements under Chapter 28, the report must be placed in the student's permanent file within 24 hours and sent within one business day to the parent(s), sending LEA, and any other D.C. agency involved in the student's placement.

No annual reporting requirement was located. 5-A DCMR § 3046 requires documentation and reporting of individual restraint and seclusion incidents, including written incident reports and parent notification, but does not require LEAs to submit an annual restraint and seclusion report to the SEA or otherwise establish an annual reporting requirement. 5-A DCMR §§ 3046.1–3046.7. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students.

N/A – No annual reporting requirement for restraint and seclusion was located in 5-A DCMR Chapter 30. Reporting is required on an individual incident basis pursuant to 5-A DCMR §§ 3046.1–3046.7.

N/A – No requirement for annual restraint and seclusion reporting or public publication of annual restraint and seclusion reports was located. 5-A DCMR § 3046 requires individual incident documentation and reporting but does not require annual aggregated reports to be published.

Public 5-A DCMR Chapter 30 governs special education services provided by District of Columbia Public Schools (DCPS) and public charter schools. The restraint and seclusion provisions in §§ 3044–3046 are part of this special education regulatory framework and therefore apply to students with disabilities covered by Chapter 30. 5-A DCMR §§ 3000–3099. 5-A DCMR Chapter 28 separately regulates restraint and seclusion for D.C.-funded students with disabilities placed in nonpublic special education schools and programs. These nonpublic placements should not be interpreted as general coverage of private schools.

Physical restraint: Physical restraints may only be applied by LEA personnel who are trained and certified in the appropriate use of specific, evidence-based techniques. The LEA must maintain copies of staff training certifications. 5-A DCMR § 3044.5. Seclusion: Seclusion may only be applied by LEA personnel who are trained in the proper use of appropriate techniques supported by written policies and procedures established by the LEA and consistent with regulations and guidance issued by the SEA. 5-A DCMR § 3045.4. Scope Note: These requirements are contained in 5-A DCMR Chapter 30, Special Education, and apply to students with disabilities. They should not be interpreted as D.C.-wide restraint requirements for all students. Chapter 28 requires restraint staff to be trained and certified in specific authorized techniques. For seclusion, §2819.4 requires personnel to be trained in the specific authorized technique and knowledgeable about the regulations and OSSE guidance, and copies of certifications must be maintained.