3313 - Use of Restraint or Isolation with Students Policy

Policy 3313

STUDENTS

Use of Restraint or Isolation with Students

This policy applies to any use of restraint or isolation of all students, including students who have an individualized education program (“IEP”) or who have in place a plan developed under section 504 of the Rehabilitation Act of 1973 (“504 plan”).  This includes, but is not limited to, restraint or isolation of students that results in injury to the student or to staff.

The following definitions apply throughout this policy and procedure:
                  a) “Isolation” means restricting the student alone within a room or enclosure from which the student may not leave. This does not include exclusion from the regular instructional area or temporary removal of a student to an unlocked area for appropriate behavior intervention.
                  b) “Restraint” means physical intervention or force used to control a student, including use of a restraint device. It does not include the use of prescribed medical, orthopedic, or therapeutic devices when used as intended.
                  c) “Restraint device” means a device used to assist in controlling a student, including but not limited to metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers, or batons. This does not include the use of assistive devices ordered by a medical provider when used to stabilize a student or items such as transportation harnesses and medical/orthopedic devices.

Use of restraint or isolation with students during school-sponsored instruction or activities may only be used to preserve the safety of students and/or staff, or in any manner consistent with a student’s written intervention plan. Such use must be reasonably necessary to control spontaneous behavior that poses an immediate likelihood of serious harm, and be consistent with staff training on the use of approved intervention strategies. Use of restraint or isolation with students must be monitored by a staff member and must be discontinued as soon as the likelihood of harm has dissipated. This policy is intended to encourage the use of the least amount of restraint or isolation necessary to protect the safety of staff and students under the circumstances.

Restraint or isolation with students who have either an IEP or a 504 Plan is not permitted unless necessary for specific advanced education planning, and is agreed upon by the parent or guardian. Use of said restraint or isolation must be consistent with the requirements of the IEP or 504 Plan. The planned use of aversive interventions with students on an IEP or 504 Plan is prohibited.

Use of restraint devices by district employees during school-sponsored instruction or activities is not authorized in any circumstance unless there is reason to believe imminent death or serious bodily injury to the student(s) and/or other person would result without the use of the restraint device.

The superintendent will establish procedures consistent with this policy. The procedures will include review of the incident with the student and parent/guardian to address the behavior precipitating the action; addressing the appropriateness of the response; review of what training or support is needed to avoid similar incidents in the future; recommendations for resources; and review of the incident with staff member who took the action. The procedures will also include requirements for notice to the principal or designee, the district, and the parent/guardian.

The parent(s)/guardian(s) of a student with an IEP or 504 plan will be provided with a copy of this policy. An IEP will include procedures for notification to a parent/guardian regarding the use of restraint or isolation.

 

 

 

Cross References:       Board Policy 2161                 Special Education and Related Services for
                                                                                         Eligible Students
                                    Board Policy 2162                    Education of Students with Disabilities
                                                                                                Under Section 504 of the
                                                                                                Rehabilitation Act of 1973    
                                    Board Policy 3311                   Prohibition of Corporal Punishment

Legal References:       RCW   9A.16.020                  Use of Force – When lawful
                                                9A.16.100                    Use of Force on Children – Policy –
                                                                                                  Actions presumed unreasonable
                                                28A.150.300               Corporal Punishment Prohibited
                                    WAC   Ch. 392-172A              Rules for the Provision of Special Education       
                                               392-400-235                Discipline – Conditions and limitations

                                    ESHB 1688                             K-12 Education – Student Restraint and
                                                                                                 Isolation -- Reporting

 

Adoption Date:           March 8, 2016