BILL REQ. #:  H-4114.1 

Read first time 01/22/2004.   Referred to Committee on Education.

     AN ACT Relating to student safety and student discipline; adding a new section to chapter 28A.600 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature acknowledges that student disciplinary policies and behavioral intervention strategies must include provisions to address circumstances when a student's behavior presents a danger to himself or to others. The legislature recognizes the need for schools to have the flexibility to respond to the individual disciplinary needs of students with special needs and that isolation of a student may at times be necessary to protect the student or others. The legislature finds, however, that placement of a student in isolation may present a potential hazard to a student if appropriate safety measures are not in place. The legislature also finds that parents and guardians should be notified when the behavior of their students rises to a level requiring isolation for disciplinary purposes.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) As used in this section, "containment room" means a room, space, or facility, other than a school principal's office, separate and apart from the classroom where the student receives the majority of daily instruction, in which the student is isolated from the rest of the school population for the purpose of student discipline or behavioral intervention.
     (2) By September 1, 2004, within existing resources, the board of directors of each school district, if a containment room is used in any school facility in the district, shall adopt a policy regarding the use of such rooms. The policy required under this section shall be provided to parents annually and must include at least the following:
     (a) An explanation of the purposes for which containment rooms are or may be used in the district's schools, including what other strategies will be employed before using a containment room;
     (b) A requirement that a student may not be placed in a containment room unless the placement is identified as an optional intervention strategy in a student's individual education plan, behavioral intervention plan, or other written intervention plan;
     (c) A process for notifying the parent or guardian of a student placed in a containment room for any portion of a school day, including the events leading up to that placement, within twenty-four hours after the placement;
     (d) A requirement that each containment room be routinely assessed by the school site administrator for minimum safety standards, including but not limited to measures for visual observation of the student, eliminating the danger of falling objects, ensuring emergency access, assuring proper identification of the containment room, and measures to address other conditions which may present a potential safety hazard;
     (e) A process for notice to parents with students enrolled at a school in which containment rooms are or may be utilized. Notice under this subsection must include:
     (i) The location of the containment room or rooms; and
     (ii) A description of the method of parental notification the school will use if a student is placed in a containment room.
     (3) School districts are encouraged to invite input from parents in developing the policy required under subsection (1) of this section.
     (4) The superintendent of public instruction may develop and disseminate appropriate information and guidelines for school districts to consider in developing their policies, and the superintendent is encouraged to provide technical assistance at the request of a school district.