3246: Restraint, Isolation, and Other Uses of Reasonable Force

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It is the policy of the Bellevue School District Board of Directors that the District maintain a safe learning environment while treating all students with dignity and respect. All students in the district, including those who have an individualized education program (IEP), or plan developed under Section 504 of the Rehabilitation Act of 1973, will remain free from unreasonable restraint, isolation and other uses of physical force.

This policy prohibits the use of restraint, isolation, and other uses of physical force against students by District staff as a form of discipline or punishment.

De-Escalation

District staff are required to use de-escalation strategies, as defined in the accompanying procedure, to address behavior that is potentially dangerous, disruptive or otherwise impedes the learning of a student or others.

Use of Restraint, Isolation and Reasonable Force

District staff may use reasonable force, restraint or isolation only when reasonably necessary to control spontaneous behavior that poses an “imminent likelihood of serious harm” as defined by RCW 71.05.020 and explained in the accompanying procedure to the acting student or to another person.

Restraint and other uses of physical force, as defined in the accompanying procedure, is reasonable when needed to prevent or minimize imminent bodily injury to self or others.

District staff will closely monitor the use of restraint, isolation, and other forms of physical force to prevent harm to the student, and, must be discontinued as soon as the likelihood of serious harm has dissipated. Reasonable physical force, restraint or isolation must be administered in such a way so as to prevent or minimize physical harm to the student. If, at any time during the use of reasonable physical force, restraint or isolation, the student demonstrates significant physical distress, the technique must be reduced immediately and, if necessary, school staff must take immediate steps to seek medical assistance.

Use of Restraint Devices

The use of restraint devices, as defined in the accompanying policy, is prohibited.

Emergency Response Protocols

In the case of emergencies that propose a “likelihood of serious harm” as defined by RCW 71.05.020 and explained in the accompanying procedure, the parent and the District may develop emergency protocols. Emergency response protocols, if developed, must 1) be incorporated into a student’s IEP; 2) shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior; and 3) shall be subject to the conditions and limitations specified in the accompanying procedure. 

Notification and Reporting Requirements:

Reporting Requirement

If any school staff member, law enforcement officer or school security officer uses reasonable physical force, restraint, or isolation against a student during school-sponsored instruction or activities, he or she will:

1. Inform the building principal or his/her designee as soon as possible and;
2. Submit a written report (see 3246P, Exhibit A) of the incident to the district office within two (2) business days that contains, at a minimum:
   1. the date and time of the incident;
   2. the name and job title of the staff member who administered the physical force, restraint, or isolation;
   3. a description of the activity that led to the physical force, restraint or isolation;
   4. a description of de-escalations that were attempted prior to the use of physical force, restraint or isolation;
   5. the type of physical force, restraint or isolation used on the student, and the duration;
   6. whether the student or staff was physically injured during the restraint or isolation;
   7. any medical care provided to the student or staff; and
   8. any recommendation for changing the nature or amount of resources available to the student and staff members in order to avoid similar incidents.

Parent/Guardian Notification

The principal or designee will:

Make a reasonable effort to verbally inform the student’s parent/guardian of the incident within twenty-four (24) hours of the incident; and send written notification as soon as practical but not later than five (5) business days after the incident occurred in the language that the school customarily provides school-related information to the parent.

Review of Incidences of Isolation, Restraint, or other Uses of Reasonable Force

Following release of a student from isolation, restraint, or other uses of reasonable force the school administrator will:

1. Review the incident with the student and their parent/guardian (though not necessarily at the same time) to address the behavior that precipitated the incident; and
2. Review the incident with the staff member who administered the isolation or restraint to discuss whether proper procedures were followed and what training or support the staff member needs to help the student avoid similar incidents.

This review will be completed with five school business days of the incident

Notification of Isolation and Restraint Policy in IEP and 504 Plans

IEPs and Section 504 Plans will include the procedures for notification of parents or guardians regarding the use of restraint or isolation with their student. The District will provide parents or guardians of students with an IEP or Section 504 plan a copy of the district’s Isolation and Restraint policy when the IEP or Section 504 plan is created and will include parent/guardian notification procedures in the student’s IEP.

Annual Report

Reporting to Office of Superintendent for Public Instruction:

By January 1^st annually, the District will summarize the written reports received under this policy and submit the summaries to the office of the superintendent of public instruction. For each school, the District will include the number of individual incidents of restraint and isolation, the number of students involved in the incidents, the number of injuries to students and staff, and the types of restraint or isolation used.

This policy is intended to address students enrolled in the District and not intended to prevent or limit the use of reasonable force or restraint as necessary with other adults or youth from outside the District as allowed by law.

The Superintendent will annually report to the board on the use of force. The Superintendent or a designee will develop procedures to implement this policy.

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Legal References

• Policy 2161 Special Education and Relate Services for Eligible Students
• Policy 2162 Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973
• Policy 3247 Protections Against Inappropriate Isolation and Restraint of Students with IEPs and Section 504 Plans
• RCW 9A.16.020 Use of Force – When lawful
• RCW 9A.16.100 Use of Force on Children – Actions presumed unreasonable
• RCW 28A.150.300 Corporal Punishment Prohibited
• RCW 28A.600.485 Restraint of students with individualized education programs or plans developed under section 504 of the rehabilitation act of 1973 – Procedures – Definitions
• RCW 71-05-020 Definitions WAC 392-400-235 Discipline – Conditions and Limitations
• WAC 392-172A Rules for the Provision of Special Education