3246 - Restraint, Isolation, And Other Uses Of Reasonable Force

It is the policy of the Richland School District’s Board of Directors that the district maintains a safe learning environment while treating all students with dignity and respect. The intent of this policy is to promote the safety and welfare of students and staff in the Richland School District. The district’s emphasis is on prevention and de-escalation so that students in the District may remain free from the use of restraint, isolation and other uses of reasonable force. 

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 school as allowed by law. 

The Richland School District supports the various programs and services that motivate, teach and support positive behavior to create a school climate that is highly conducive to learning. It is expected that school staff will implement positive behavior supports and interventions as well as constructive methods to de-escalate potentially dangerous situations. 

Use of restraint, isolation, and other forms of reasonable force may be used on any student when reasonably necessary to control spontaneous behavior that poses an "imminent likelihood of serious harm" as defined by RCW 71.05.020 and Chapter 392-172A WAC and explained in the procedure accompanying this policy. Serious harm includes physical harm to self, another, or district property. Staff will closely monitor such actions to prevent harm to students and will use the minimum amount of restraint and isolation appropriate to protect the safety of students and staff. The restraint, isolation, and other forms of reasonable force will be discontinued when the likelihood of serious harm has dissipated. 

The use of student “offices” is excluded from this policy. Student “offices” include small rooms within the classroom designed for student instruction and work completion. 

Violations of this policy by any staff member or other individual working at the direction of, or under the supervision of a staff member, may result in disciplinary action, up to and including possible termination of employment status and/or termination of contract for service. 

The superintendent or designee will develop procedures to implement this policy, including review, reporting and parent/guardian notification of incidents involving restraint or isolation as required by law. Additionally, the superintendent or designee will annually report to the board on incidents involving use of force. 

This procedure is intended to apply to a broad range of circumstances whenever it is deemed reasonably necessary by district staff to control spontaneous behavior by any student that poses an imminent likelihood of serious harm. This procedure is intended to be interpreted consistent with the requirements of RCW 28A.600.485, RCW 9A.16.020, RCW 9A.16.100, RCW 28A.150.300, RCW 28A.155.210, and for students with an IEP, consistent with the regulations of Chapter 392-172A WAC. 

Definitions 

Chemical spray: Pepper spray, OcSpray, or other similar chemicals that are used to control a student or limit a student’s freedom of movement. 

De-escalation: The use of positive interventions and other district-approved strategies to defuse a student who has lost self-control, is non-compliant or is demonstrating unacceptable behavior. These strategies address behavior that is dangerous, disruptive or otherwise impedes the learning of a student or others. 

Physical force: The use of bodily force or physical restriction that substantially immobilizes or reduces the free movement of a student. 

Restraint: Physical intervention or force used to control a student, including the use of a restraint device. It does not include appropriate use of a prescribed medical, orthopedic or therapeutic device when used as intended, such as to achieve proper body position, balance or alignment or to permit a student to safely participate in activities. 

Restraint device: 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. Restraint device does not mean a seat harness used to safely transport students. This definition is consistent with RCW 28A.600.485 (1)(c), and is not intended to endorse or encourage the use of such devices or techniques with district students. 

Isolation: Restricting a student alone within a room or any other form of enclosure, from which the student may not leave. It does not include a student’s voluntary use of a quiet space for self-calming, or temporary removal of a student from his or her regular instructional area to an unlocked area for purposes of carrying out an appropriate positive behavior intervention plan. 

Imminent: The state or condition of being likely to occur at any moment or near at hand, rather than distant or remote. 

Likelihood of serious harm: a substantial risk that physical harm will be inflicted by a student: 

• Upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; 
• Upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; 
• Upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or 
• After the student has threatened the physical safety of another and has a history of one or more violent acts. 

School police officer: An employee of the school district responsible for security services in the district under the direction of a school administrator, but who also is a commissioned officer. 

School resource officer: A commissioned law enforcement officer who provides law enforcement services and may perform other duties for the district and is assigned by the employing police department or agency to work in collaboration with the district. 

School security officer: A classified or contracted school district employee other than a school resource officer who provides security services in the district under the direction of a school administrator. 

General Use of Restraint, Isolation, or Other Forms of Reasonable Force 

• Restraint, isolation, or other forms of reasonable force may be used to prevent or minimize imminent bodily harm to self or others, or if de-escalation or other positive interventions fail or are inappropriate, to protect district property, where there is a likelihood of such serious harm occurring. 
• Restraint, isolation, or other forms of reasonable physical force may be used when a student has caused a substantial loss or damage to the property of others, and the student’s behavior poses a substantial risk that such property damage will be inflicted. 
• Restraint devices may be used as needed to obtain possession of a known or reasonably suspected weapon or other dangerous object on a person or within the control of a person. 
• An IEP or plan developed under Section 504 of the Rehabilitation Act of 1973 must include procedures for notification of a parent/guardian regarding the use of restraint or isolation under RCW 28A.600.485. The IEP or Section 504 plan must not include the use of restraint or isolation as a planned behavior intervention unless a student’s individual needs require more specific advanced education planning and the student’s parent/guardian agrees. Nothing in these procedures is intended to limit the provision of a free appropriate public education (FAPE) under Part B of the Individuals with Disabilities Act (IDEA) or Section 504 of the Rehabilitation Act of 1973. 
• If a student is receiving special education services through placement in an authorized entity under RCW 28A.155.060, the student’s IEP must also specify any additional procedures required to ensure the authorized entity fully complies with state law governing the use of restraint and isolation. 
• Restraint, isolation, or other forms of reasonable physical force will not be used as a form of discipline or punishment. 
• Restraint, isolation, or other forms of reasonable physical force will not be used as an ini-tial response to destruction of property, school disruption, refusal of the student to comply with school rules or a staff directive; or a verbal threat that does not constitute a threat of imminent bodily injury, unless other forms of de-escalation and positive interventions fail or are inappropriate. 
• Restraint, isolation, or other forms of reasonable physical force should not be used as an intervention if the school employee, school resource officer or school security officer knows that the student has a health condition or physical problem, and the condition or problem would be exacerbated using such techniques. 

Practices presumed to be unreasonable when correcting or restraining any child (RCW 9A.16.100)

Under RCW 9A.16.100, the following is a non-exclusive list of acts that are presumed unreasonable when correcting or restraining a child: 

• Throwing, kicking, burning, or cutting a child; 
• Striking a child with a closed fist; 
• Shaking a child under age three; 
• Interfering with a child’s breathing; 
• Threatening a child with a deadly weapon; or 
• Doing any other act that is likely to cause bodily harm to a student great than transient pain or minor temporary marks. 

This non-exclusive list should not be read so as to imply that another, unlisted form of correction or restraint is permissible. Whether or not an unlisted use of force or restraint is presumptively permissible depends upon a balanced consideration of all relevant state laws and regulations, and whether the use is reasonable under the totality of the circumstances. 

Conditions specific to use of isolation or restraint with students eligible for special education (consistent with WAC 392-172A-02110) 

• The isolation enclosure will be ventilated, lighted and temperature controlled from inside or outside for purposes of human occupancy. 
• The isolation enclosure will permit continuous visual monitoring of the student from outside the enclosure. 
• An adult responsible for supervising the student will always remain in visual or auditory range of the student. 
• Either the student shall be capable of releasing themselves from the enclosure, or the student shall continuously remain within the view of an adult responsible for supervising the student. 
• Any staff member or other adults using isolation, restrain, or a restrain device must be trained and currently certified by a qualified provider in the use of trauma-informed crisis intervention (including de-escalation techniques) and the safe use of isolation, unless trained personnel are not immediately available due to the unforeseeable nature of the emergency. 

Prohibited practices involving restraint, use of force, and discipline specifically for students eligible for special education (consistent with WAC 392-172A-02076) 

The following practices are prohibited with students eligible for special education services: 

• District personnel are prohibited from using aversive interventions with a student; 
• District personnel are prohibited from physically restraining or isolating any student, except when the student’s behavior poses an imminent likelihood of serious harm as defined above; 
• No student may be stimulated by contact with electric current, including, but not limited to, tasers; 
• A student may not be denied or subjected to an unreasonable delay in the provision of food or liquid from when the food or liquid is customarily served as a form of punishment; 
• A student may not be the recipient of force or restraint that is either unreasonable under the circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state law (see above, for example, for a list of practices presumed to be unreasonable when used in correcting or restraining a child;) 
• A student must not be denied or subjected to an unreasonable delay in the provision of common hygiene care; 
• A student must not be denied or subjected to an unreasonable delay in the provision of medication; 
• A student may not be excluded from his or her regular instructional or service area and isolated within a room or ay other form of enclosure, except under the conditions set forth in WAC 392-172A-02110; 
• A student must not be forced to listen to noise or sound that the student finds painful; 
• A student must not be forced to smell or be sprayed in the face with a noxious or potentially harmful substance; 
• A student must not be forced to taste or ingest a substance which is not commonly consumed, or which is not commonly consumed in its existing form or concentration; 
• A student’s head must not be partially or wholly submerged in water or any other liquid; 
• A student must not be physically restrained or immobilized by binding or otherwise attaching the student’s limbs together or by binding or otherwise attaching any part of the student’s body to an object or against a wall or the floor, except under the conditions set forth in WAC 392-172A.02110; 
• A student must not be subjected to the use of prone (lying face-down) or supine (lying face-up) restraint, wall restraint, or any restraint that interferes with the student’s breathing. 

Degree of Force 

Restraint, isolation, or other forms of reasonable physical force must not be continued if a determination is made by the staff member administering the restraint, isolation, or other forms of reasonable physical force that the student is no longer at risk of causing imminent bodily harm to himself/herself or others or property. 

Restraint, isolation, or other forms of reasonable physical force must be administered in such a way to prevent or minimize physical harm to the student. If, at any time during the use of restraint, isolation, or other forms of reasonable physical force, 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. 

Monitoring 

An adult must continually monitor any student when restraint, isolation, or other forms of reasonable physical force are used. The monitoring must be conducted by direct observation of the student. Monitoring must include regularly evaluating the student for signs of physical distress. 

Post-Incident Notification and Review with Parent/Guardian 

Within twenty-four (24) hours following the use of restraint, isolation, or other forms of reasonable physical force with a student, the principal or designee must make a reasonable effort to verbally inform the student’s parent or guardian of the incident. The principal or designee must also send written notification as soon as practical but postmarked no later than five (5) business days after restraint, isolation, or other forms of reasonable physical force have been used with a student. If the school or district customarily provides the parent or guardian with school-related information in a language other than English, the written report must be provided to the parent or guardian in that language. 

The principal or designee will review the incident with the student and the parent or guardian (though not necessarily at the same time) to address the behavior that precipitated the use of the technique and the appropriateness of the response. The principal or designee will review the incident with the staff person(s) who administered the restraint, isolation, or other forms of reasonable physical force to discuss whether proper procedures were followed and what staff training or support is needed to help the student avoid similar incidents. 

A student or their parent or guardian who has concerns regarding a specific incident involving restraint, isolation, or other forms of reasonable physical force may seek to resolve the concern by using the district’s complaint process, which is set forth in Policy 4220, Complaints Concerning Staff or Programs. 

Incident Report 

Any school employee, school resource officer or school security officer who uses restraint, isolation, or other forms of reasonable physical force, as defined in this procedure, on a student during school-sponsored instruction or activities, will inform the principal or a designee as soon as possible and within two (2) business days submit a written report of the incident to the district office. The written report will contain, at a minimum: 

• The date and time of the incident; 
• The name and job title of the staff member who administered the restraint, isolation, or other form of reasonable physical force; 
• A description of the activity that led to the restraint, isolation, or other form of reasonable physical force; 
• The type of restraint, isolation, or other forms of reasonable physical force used on the student, and the duration; 
• Whether the student or staff was physically injured during an incident involving restraint, isolation, or other forms of reasonable physical force; 
• Any medical care provided to the student or staff; and 
• Any recommendations for changing the nature or amount of resources available to the student and staff members in order to avoid similar incidents. 

Providing Policy to Parents/Guardians 

The district will make available to all parents/guardians of students the district’s policy on Restraint, Isolation and Other Uses of Reasonable Force. If the student has an IEP or 504 plan, the District will provide the parents/guardians with a copy of the policy when the IEP or 504 plan is created. 

Staff Training Requirements 

All training pertaining to isolation, restraint, and student management will include instruction in positive management of student behavior, cultural sensitivity, effective communication for defusing and de-escalating disruptive or dangerous behavior and safe and appropriate use of force, isolation and restraint. Annually, administrators will provide all staff with the district established policy and procedure regarding the use of Restraint, Isolation, and Uses of Reasonable Force. 

All staff working directly with students should be informed of de-escalation strategies and proper physical intervention procedures. Appropriate staff and those who are required or reasonably anticipated to provide physical force intervention will be trained in the use of physical force intervention. Only staff trained and authorized to use restraint devices or chemical spray procedures will administer it to students. The appropriate personnel will include those staff members who are most likely to be called upon to use restraint, restraint devices or chemical spray to prevent or address disruptive or dangerous student behavior. 

Richland School District has adopted and implemented the training guidelines for the purpose of managing crises in a nonviolent fashion. A 6–12-hour training of crisis prevention that emphasizes early intervention, non-physical methods for preventing or managing disruptive behaviors, safety techniques, physical containment positions, transport techniques, and team strategies through trauma informed practices. The following employees are required to successfully complete this training: 

• Staff working in Life Skills, BESST, and Structured Programs (including transportation personnel); 
• Staff working with behaviorally volatile students in their buildings and/or classrooms; and 
• All building administrators are required to be trained in the adopted OSPI workgroup recommended training (e.g. Mandt, CPI, Safety-Care, etc.). 

At a minimum, all participants, including building administrators, who continue to work in Life Skills, BESST and Structured Programs, or work with behaviorally volatile students in their buildings and/or classrooms, must successfully complete formal refresher training once per year. Transportation personnel working with these students are included in refresher training. 

Just as schools practice fire drills and other safety procedures, teams are strongly encouraged to regularly practice the various techniques, positions and strategies throughout the year. It is strongly recommended that the adopted OSPI workgroup recommended training (e.g. Mandt, CPI, Safety-Care, etc.) procedures be linked with each individual school’s emergency notification system in a standardized manner throughout the district. 

Annual Review of Incident Reports 

The building administrator or a designee will maintain a log of all instances of use of force as defined by this procedure, which will be presented to the superintendent or designee annually. The superintendent or designee will provide an annual report to the board regarding the district's use of force. 

The Director of Special Education and Student Services, or designee, must compile annually the instances of physical restraint and isolation within the District and the nature of each instance of physical restraint and isolation. The Director of Special Education and Student Services, or designee, will provide an annual report to the District Superintendent of all instances of restraint or isolation. 

The Director of Special Education and Student Services, or designee, will provide a report to each building principal that details all instances of restraint or isolation that occurred in their school. 

Beginning January 1, 2016, and annually by January 1 thereafter, the district will summarize the written incident reports described above and submit those summaries to OSPI. The summaries 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. 

Injured Staff 

Staff members who are injured during a physical containment situation are required to report their injuries to the Medcor Injury Assessment Service (800-775-5866) as soon as possible, but no later than the same day of injury. A personal injury report will also be completed with the staff supervisor.