BILL REQ. #:  H-1290.1 

Read first time 02/07/2005.   Referred to Committee on Education.

     AN ACT Relating to the use of physical restraint in the common schools; amending RCW 28A.400.110; 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 finds that preserving a safe and beneficial learning environment for all students requires the establishment and enforcement of appropriate student discipline policies. The legislature further finds that a school's culture and climate determines the quality of interaction between staff, students, and parents, and greatly affects the level of disciplinary activity within a school. The legislature acknowledges that school district boards of directors may find it necessary to employ school security personnel or to rely upon school resource officers in order to preserve a safe and beneficial learning environment within certain schools. The legislature encourages schools and districts to consider school discipline and security models in which counselors and prevention/intervention specialists, along with school building administrators and other school security personnel, if employed, and school resource officers, if present, are trained and work as teams of experts in diffusing anger, de-escalating conflict, and reducing violent behavior within their schools.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) The definitions in this section apply throughout this section unless the context clearly requires otherwise.
     (a) "Physical restraint" means physical intervention or force used to control a student, including the use of a restraint device.
     (b) "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.
     (c) "School resource officer" means a commissioned law enforcement officer who provides security and law enforcement services at one or more public schools under the direction of a school building administrator.
     (d) "School security officer" means a person other than a commissioned law enforcement officer who provides security services at one or more public schools under the direction of a school building administrator.
     (2) Except as provided in subsection (4) of this section, the use of physical restraint in the public schools is limited to the use of reasonable force under the following circumstances only:
     (a) The person's behavior poses a threat of imminent, serious, physical harm to self or to others; and
     (b) Nonphysical interventions would not be effective in removing the imminent threat of harm.
     (3) Except as provided in subsection (4) of this section, the use of physical restraint in the common schools is prohibited in the following circumstances:
     (a) As a means of punishment; or
     (b) As a disciplinary response to destruction of school property, disruption of school or classroom order, noncompliance with a school rule or staff directive, or communication of a verbal threat that does not constitute a threat of imminent, serious, physical harm.
     (4) This section does not prohibit:
     (a) The use of physical restraint when such use is permitted or required by and is consistent with a student's 504 plan or individual education plan;
     (b) The right of any individual to report to appropriate authorities a crime committed by a student or other individual; or
     (c) Commissioned law enforcement officers, including school resource officers, or judicial authorities from exercising their authority or executing their responsibilities, including the physical detainment of a student or other person.

Sec. 3   RCW 28A.400.110 and 1997 c 266 s 12 are each amended to read as follows:
     Within each school the school principal shall determine that appropriate student discipline is established and enforced. In order to assist the principal in carrying out the intent of this section, the principal ((and)), the certificated employees, school security officers, and school resource officers as defined in section 2 of this act, in a school building shall confer at least annually in order to develop and/or review building disciplinary standards and uniform enforcement of those standards. Such building standards shall be consistent with the provisions of RCW 28A.600.020(3).
     School principals and certificated employees shall also confer annually, to establish criteria for determining when certificated employees must complete classes to improve classroom management skills.