BILL REQ. #:  S-5324.1 

READ FIRST TIME 02/08/08.   

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

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to preserve and promote a safe and beneficial learning environment for all students while also balancing each student's right to be free from unreasonable use of physical force, including mechanical or chemical restraint. The legislature recognizes that a truly beneficial learning environment is dependent on the quality of the interaction between staff, students, and parents and is fostered through the development of a sense of community within the 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 finds that the establishment of appropriate student discipline policies, security models, and training requirements, which stress techniques meant to diffuse anger, de-escalate conflict, and reduce violent behavior within the school, will help to further a quality learning environment where all students are treated with dignity and respect. The legislature further finds that use of physical force, including mechanical or chemical restraint as an intervention in the school environment should be used only in emergency situations after other less intensive alternatives have failed or have been deemed inappropriate and, if used, should only be used by appropriately trained personnel.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "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.
     (b) "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 a mechanical device including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons.
     (c) "School resource officer" means a commissioned law enforcement officer, or person with the equivalent training from the criminal justice training commission but who is not commissioned, who provides security and law enforcement services at one or more public schools under the direction of a school administrator.
     (d) "School security officer" means a person other than a school resource officer who provides security services at one or more public schools under the direction of a school administrator.
     (2) Except as provided in subsection (3) of this section, the use of mechanical or chemical restraint in the public schools is prohibited.
     (3) This section does not prohibit:
     (a) The use of mechanical or chemical restraint when such use is permitted or required by and is consistent with a student's 504 plan or individualized 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, school resource officers, or judicial authorities from exercising their authority or executing their responsibilities, including the physical detainment of a student or other person.

NEW SECTION.  Sec. 3   (1) The Washington state school directors' association shall mediate and facilitate a school disciplinary action task force to review and make recommendations on the development of a model policy regarding the use of physical force in schools. For the purpose of the task force review, physical force shall, at a minimum, include the use of physical or bodily restraint as well as mechanical and chemical restraint devices.
     (2) The task force shall be chaired by a member of the Washington state school directors' association and shall consist of twelve additional members. The members shall be appointed as provided in this subsection.
     (a) The president of the senate shall appoint one member from each of the two largest caucuses of the senate. The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
     (b) The Washington association of sheriffs and police chiefs shall appoint one member.
     (c) The Washington state parent teacher association shall appoint one member.
     (d) The superintendent of public instruction shall select a member of the school safety advisory committee to serve as a member of the task force.
     (e) The Washington state school directors' association shall appoint the remaining five members of the task force from organizations that express interest in participating on the task force and that have a history of involvement with school disciplinary action. One of the appointments shall be a representative of an organization representing the minority community that has been actively involved in monitoring the issue of school disciplinary action. One of the appointments shall be a representative of a civil rights organization that has been actively involved in monitoring the issue of school disciplinary action. For the remaining three appointments, the association shall strive to appoint members who are representative of a wide range of viewpoints and backgrounds, including representation from community members and public education stakeholders.
     (3) The Washington state school directors' association and the senate committee services and the house of representatives office of program research staff from the education committees of the legislature shall staff the task force.
     (4) In developing recommendations, the task force shall review a representative sampling of discipline policies used in other states and those used by school districts in Washington. The task force shall, at a minimum, develop recommendations on the following issues:
     (a) A description and recommendation on the methods of physical force that should be authorized at the school and under what conditions, including definitions of relevant terms. The recommendations shall, at a minimum, distinguish when each of the types of physical force, including mechanical or chemical restraint, should and should not be used, who should and should not be authorized to use each type of physical force, and recommendations for when de-escalation tactics should be used;
     (b) Recommendations for training requirements for those authorized to use each of the types of physical force as well as training recommendations for de-escalation tactics;
     (c) Recommendations on incident reporting requirements and the follow-up procedures to be used whenever there is a use of physical force by school personnel, including, at a minimum, written reporting requirements, the timeline of the reporting requirements, and whether there should be annual reporting to the office of the superintendent of public instruction of additional data on disciplinary action, including physical force; and
     (d) Recommendations on procedures for notification to parents or guardians.
     (5) The task force shall submit a report with recommendations to the education committees of the legislature by November 2008.