Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)

Delaware

Statutes	Regs	Policies	Guidance	Future Plans
14 DE Code, Chapter 7: Lawful Authority of Teachers over Pupils Provides for the use of reasonable and necessary force in situations including but not limited to protecting a pupil from inflicting harm on pupil’s own self or to protect the safety of others.	14 DE. Admin. Code 900 Administrative Code Regs. § 929 (Department of Education; Special Populations) While “restraint” or “seclusion” are not discussed directly, a school's “emergency intervention procedures” and “behavior management procedures” for children with autism must be reviewed by the state’s Human Rights Committee and Peer Review Committee. Parents must give informed consent for the use of each behavior management procedure and may withdraw that consent at any time.	None	Guidelines and Sample Strategies for the Behavior Support Plan (page 6 of 8 mentions gentle restraint). http://www.doe.k12.de.us/infosuites/staff/profdev/rti_files/Module%204%20Guidelines%20for%20Behavior%20Support.pdf The Delaware Autism program has guidelines for seclusion and restraint, which are described in its document “Behavior Management” from 2007. Restraints include the brief immobilization of hands and the use of restrictive or protective clothing. Seclusion is not really used, although timeout in-area and accompanied timeout out of area can be used.	None discussed

District of Columbia

Statutes	Regulations	Policies	Guidance	Future Plans
D.C. Code §§ 38-2561.01 - .16 (Educational Institutions; Special Education; Nonpublic Schools)	Chapter 28 A2812 http://www.osse.dc.gov/seo/frames.asp?doc=/seo/lib/seo/Final_OSSE_5_DCMR_A28__proposed_rules.pdf Referent pages: 9, 11, 15, 16, 18, 19, 20, 42, 69, 70, http://www.tash.org/dev/tashcms/ewebeditpro5/upload/In_the_Name_of_Treatmentfinal.pdf. article source: http://www.friendsofquinn.com/share/c/88219/90/restraint-disabilities/2	Implementation of a positive behavioral support system in every secondary school—page 9 State Performance Plan (Special Education) Disseminated June 29, 2009, memo to local education agencies (LEA) to clarify expectations related to policies and procedures for children with disabilities.	References for non-public schools: DC State Monitoring and Compliance Manual for IDEA Part B, Feb. 2009, Indicators 4 and 5. Positive Social Emotional Skills (including social relationships) Annual Performance Report	Positive behavior supports evidenced in building-wide and classroom behavior management systems. Current state education agency (SEA) response to intervention (RTI)/positive behavior supports (PBS) pilot initiative is in year two of implementation with 4 LEAs. SEA plans to develop demonstration sites via this pilot to showcase best practices/lessons learned to inform expansion. SEA also plans to issue state level guidance on Response to Intervention for SY 2010–2011.
	Chapter 25, Subtitle E of Title 5 of the District of Columbia Municipal Regulations (DCMR) Proposed rules on student code of conduct with a section dedicated to seclusion and restraint. Comment period closes on January 12, 2010. http://www.dcregs.org/Gateway/NoticeHome.aspx?NoticeID=52494 Reference page: 4		Guidance will follow after final rule is published. Targeted for late winter, early spring 2010.

DC Office of the

State Superintendent

of Education

Memo to: All LEAs
From: Tameria J. Lewis, Assistant Superintendent of Education
Re: LEA Review of Behavior Policies and Procedures for Children with Disabilities
Date: Monday, June 29, 2009
This memo is intended to clarify expectations related to policies and procedures for children with disabilities who exhibit behaviors that significantly impede either their learning or the learning of others. As the 2008-2009 SY comes to a close and preparations for the 2009-2010 SY begin, The OSSE is requesting that all LEAs conduct a review of key policies and procedures to ensure IDEA compliance in this domain. Key areas addressed by IDEA 2004 are outlined below:

• 
  Individualized Behavior Planning
  

Per IDEA 2004, IEP Teams must determine whether a child needs positive behavioral interventions and supports. If the behavior of a child impedes the child's learning or the learning of other children, the IEP Team must consider the use of positive behavioral supports, supports, and other strategies to address that behavior (20 U.S.C. § 1414(d)(3)(B)(i), 34 C.F.R. § 300.324(a)(2)(i)). Further, if the child's behavior that impedes learning is not addressed in the IEP, the IEP Team must review and revise the IEP to ensure that the child receives appropriate positive behavioral interventions and supports and other strategies. (34 C.F.R. § 300.324(a) (2) (i) and 34 C.F.R. § 300.324(a) (3) (i) (see http://www.pbis.org for assistance).

• 
  Discipline
  

All LEAs must ensure compliance with IDEA 2004 discipline procedures and related procedural safeguards when determining whether a change in placement is appropriate for a child with a disability who violates a code of student conduct.20 U.S.C. 1415(k}(1) and (7), 34 C.F.R. § 300.530) (see http://www.ideapartnership.org for assistance).

All LEAs are expected to ensure alignment with these standards and make any necessary adjustments to existing policies and procedures. If you are interested in receiving training or technical assistance in this area, please contact Ms. Chandra Williams, Director, Training and Technical Assistance Unit at

[e-mail].

51 N Street, 7th Floor, NE, Washington, DC 20002

Phone: [phone]  www.osse.dc.gov