Restraint and Seclusion Laws in Washington D.C.
What are the restraint and seclusion rules in Washington D.C.?
Washington D.C. has one of the strongest restraint and seclusion prohibition frameworks in the country, rooted in DC Official Code § 38-2561.01 and § 38-2561.03. DC law defines and explicitly prohibits 'aversive interventions'—which include painful stimuli, noxious sprays, electric shock, pinches, withholding basic necessities, and chemical restraints used as behavioral treatment strategies—in all DC-funded special education placements. No DC nonpublic special education school or program that uses aversive interventions may be approved by the SEA or receive DC funding, and LEAs may not place students in programs using aversive interventions (DC Official Code § 38-2561.03). DC's annual reporting requirements mandate that all incident reports, including any reports of abuse, neglect, or use of aversive interventions for students in nonpublic placements, be reported to OSSE along with investigation timelines and outcomes (DC Official Code § 38-2561.16). OSSE provides guidance on permissible physical management techniques for crisis situations, which must be distinguished from prohibited aversive interventions.
What Washington D.C. Requires
Aversive interventions are explicitly prohibited in all DC-funded special education settings: these include painful stimuli, noxious sprays, electric shock, pinches, withholding basic necessities, and chemical restraints as behavioral treatment strategies (DC Official Code § 38-2561.01).
No LEA may place a student in a nonpublic special education program that 'allows the use of aversive intervention' unless ordered by a court or hearing officer under limited emergency circumstances (DC Official Code § 38-2561.03).
The SEA may not issue a Certificate of Approval to any nonpublic special education school or program that allows the use of aversive interventions (DC Official Code § 38-2561.07).
All incident reports—including reports of abuse, neglect, or use of aversive interventions—for students in DC-funded nonpublic placements must be reported to OSSE; reports must include investigation timelines, parent notification status, and outcomes (DC Official Code § 38-2561.16).
OSSE must immediately notify relevant child welfare agencies and parents if abuse, neglect, or aversive intervention use is suspected in an out-of-state nonpublic placement (DC Official Code § 38-2561.03).
Physical restraint used for immediate safety in crisis situations (as opposed to as a behavioral strategy) may be permissible under OSSE crisis intervention policy if it meets specific criteria; parents must be notified after any use of physical restraint.
Parents may challenge any use of restraint or seclusion through DC's complaint options: OSSE state complaint, OSSE mediation, due process, or the Ombudsman (DC Official Code §§ 38-2571.03, 38-354).
Key Timelines
OSSE must be notified of any incident reports involving abuse, neglect, or aversive interventions in nonpublic placements (DC Official Code § 38-2561.16); immediate notification for out-of-state suspected abuse (DC Official Code § 38-2561.03).
Annual report on nonpublic placement incidents: published publicly on OSSE's website annually (DC Official Code § 38-2561.16).
Parent notification after physical management incident: should occur the same school day; specific timeline in OSSE crisis intervention guidelines.