HOUSE BILL REPORT
HB 2884
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Education
Title: An act relating to student discipline policies.
Brief Description: Requiring policies on and limiting the use of mechanical, chemical, and physical restraint of students.
Sponsors: Representatives Pettigrew, Kagi, Dickerson, Appleton, Roberts, Haler, Darneille, Hasegawa, Santos, Goodman, McIntire and Kenney.
Brief History:
Education: 1/31/08, 2/5/08 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON EDUCATION
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Quall, Chair; Barlow, Vice Chair; Priest, Ranking Minority Member; Haigh, Liias, Roach, Santos and Sullivan.
Minority Report: Do not pass. Signed by 1 member: Representative Anderson, Assistant Ranking Minority Member.
Staff: Cece Clynch (786-7195).
Background:
There are 295 school districts and a variety of school discipline policies exist statewide.
School district boards of directors are required to develop written procedures for
administering discipline in each school building. Individual school building administrators
are charged with determining that appropriate student discipline is established and
maintained within the school. Principals must confer annually with certificated employees to
review and develop building discipline and enforcement standards.
Summary of Substitute Bill:
The Legislature finds that students have a right to be free from unreasonable use of physical
restraint and that the use of physical restraint as an intervention in schools should be
employed only in emergency situations and only by appropriately trained personnel. Specific
provisions with respect to the appropriate and inappropriate use of various types of restraints
on students in schools are provided.
Chemical Restraint. Chemical restraint means the use of force or physical intervention to
control a student or limit a student's freedom of movement through the use of pepper spray or
the administration of any medication for the purpose of restraining the student. The use of
chemical restraint on students in school is generally prohibited, except that this general
prohibition does not preclude commissioned law enforcement officers from exercising their
authority.
Mechanical Restraint. Mechanical restraint means the use of force or physical intervention
to control a student or limit a student's freedom of movement through the use of mechanical
devices such as metal handcuffs, plastic ties, ankle restraints, leather cuffs, other
hospital-type restraints, tasers, or batons. The use of mechanical restraint on students in
school is generally prohibited except that:
Physical Restraint. Physical restraint means the use of bodily force or physical intervention
to control a student or limit a student's freedom of movement in a way that does not involve a
mechanical restraint or chemical restraint.
The use of physical restraint is specifically prohibited as a means of punishment or as a
disciplinary response to situations which do not constitute a threat of imminent, serious
physical harm. The use of reasonable physical restraint is allowed when a student's behavior
poses a threat of imminent, serious physical harm to property, to self, or to others and
nonphysical interventions would not be effective in removing the threat.
School Policies and Reporting Requirements. Each school district must establish a written
policy regarding the use of physical, mechanical, or chemical restraints and make the policy
available to students and parents or guardians. Such a policy must include a description and
explanation of what restraint is authorised, the training requirements for those authorized to
use a particular restraint, and incident reporting requirements.
Annually, school districts must report to the Office of the Superintendent of Public
Instruction regarding all instances when restraints were used and this data must be
disaggregated by age, grade, sex, race, and distinct ethnic subgroup.
A principal must include school security and resource officers, as well as certificated staff
and classified staff who have contact with children, in the required annual meeting to develop
and review building disciplinary standards and uniform enforcement of those standards.
Principals must also meet annually with staff to develop criteria for determining when
employees must complete classes regarding classroom management, including the use of
research-based, school-wide, positive behavior intervention supports.
Substitute Bill Compared to Original Bill:
Clarification is made that the restrictions on the use of restraints pertain only to their use on
students. Where a student's behavior poses a threat of imminent serious harm to property,
and nonphysical interventions would not be effective, reasonable use of physical restraint is
permitted. Removed from the original bill is the provision which would have excepted
students with 504 plans and Individualized Education Programs from the prohibition on the
use of physical restraint as a means of punishment or as a disciplinary response to situations
which do not constitute an imminent threat.
The substitute bill specifically allows school security officers to use handcuffs and plastic ties
to restrain a student while awaiting the arrival of a commissioned law enforcement officer
when the student's behavior poses a threat of imminent harm to property, self, or others and
nonphysical interventions would not be effective in removing the threat.
Annual reports on the use of restraints in schools must be disaggregated by age, grade, sex,
race, and racial subgroup.
Additional staff are to be included in developing school discipline standards. Principals,
together with school security officers, school resource officers, certificated staff, and
classified staff who have contact with children, must meet annually to develop and review
discipline standards. Annually, principals and staff will establish criteria for determining
when staff must complete classes regarding classroom management skills, including the use
of research-based, school-wide, positive behavior intervention supports.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) Two years ago in this state, there were incidents in which students were
handcuffed as a means of discipline or management. School personnel should be trained, as
police officers are, to de-escalate situations. This bill should not provide a vehicle for
undercutting the rights of students with an IEP or 504 plan and the exception with respect to
these students should be removed. The reporting requirements are a critical piece of this bill,
and should be strengthened to include disaggegation of data by race, nationality, and gender.
Minority students receive disproportionately high rates of discipline. There should be
discipline in schools, but not the use of handcuffs and students should not be slammed
against the floor or lockers. Young African-American children have reported feeling like
they were being prepared for jail. The parents of those African-American children reported
feeling like they were sent back to the days of slavery.
(Opposed) None.
Persons Testifying: Representative Pettigrew, prime sponsor; Jerry Hebert, Northwest Indian Education Consortium; Reverend Jimmie James, Kent African American Pastors; and Jennifer Shaw, American Civil Liberties Union.