BILL REQ. #:  S-1688.1 

READ FIRST TIME 02/20/09.   

     AN ACT Relating to student discipline policies; 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   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, mechanical restraint, or chemical sprays. 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, mechanical restraint, or chemical sprays, as an intervention in the school environment should be used only in emergency situations after other less invasive 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 sprays" means the use of pepper spray or chemicals, or the administration of any medication to control a student or limit a student's freedom of movement.
     (b) "Mechanical restraint" means the use a mechanical device including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons to control a student or limit a student's freedom of movement.
     (c) "Physical force" means the use of any 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 spray. Physical restraint does not include momentary periods of minimal physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited force and designed to:
     (i) Prevent a student from completing an act that would result in potential bodily harm to self or others or damage property; or
     (ii) Remove a disruptive student who is unwilling to leave the area voluntarily.
     (d) "School resource officer" means a person who provides security and law enforcement services at one or more public schools and is a commissioned law enforcement officer who has been assigned by the employing police department or agency to work in collaboration with the district.
     (e) "School security officer" means a classified or contracted school district employee other than a school resource officer who provides security services at one or more public schools under the direction of a school building administrator.
     (f) "Bodily harm" means physical pain or injury, illness, or an impairment of physical condition.
     (g) "Substantial bodily harm" means bodily injury that involves a temporary but substantial disfigurement or that causes a temporary but substantial loss or impairment of the function of any bodily part or organ or that causes a fracture of any bodily part.
     (2) The use of mechanical restraints or chemical sprays on a student at a public school by a school employee is prohibited, unless administered by:
     (a) A school resource officer; or
     (b) A school security officer or building staff designated by the school district who receives:
     (i) Appropriate annual training from either a local law enforcement agency or the criminal justice training commission for each type of restraint or spray authorized to be used; and
     (ii) Ongoing supervision from the school building administrator.
     (3) Except as provided in subsection (5) of this section, the use of physical force in public schools is limited to the use of reasonable force under the following circumstances only:
     (a) The student's behavior poses a threat of substantial bodily harm to self or to others; and
     (b) Nonphysical interventions would not be effective in preventing or minimizing the threat of substantial bodily harm.
     (4) Except as provided in subsection (5) of this section, the use of physical force in public 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 substantial bodily harm.
     (5) This section does not prohibit:
     (a) The right of any individual to report to appropriate authorities a crime committed by a student or other individual; or
     (b) Commissioned law enforcement officers, including school resource officers, or judicial authorities from exercising their authority or executing their responsibilities, including the ability to use physical force, mechanical restraints, or chemical sprays.
     (6) Each school district shall establish a written policy regarding the use of physical force, mechanical restraints, and chemical sprays on students by school employees. The policy shall be made available to students and parents or guardians. The policy shall include at a minimum:
     (a) A description and explanation of the types of physical force, mechanical restraint, or chemical spray authorized at the school and under what circumstances each is allowed to be used;
     (b) Which school employees at the school are authorized to use each type of physical force, mechanical restraint, or chemical spray;
     (c) A description of the school's training requirements for those authorized to use physical force, mechanical restraint, or chemical sprays; and
     (d) Incident reporting requirements and the follow-up procedures used when any type of physical force, mechanical restraint, or chemical spray is used on a student, including:
     (i) A requirement that the incident be immediately reported to the building administrator or a designee;
     (ii) A description of what must be included in a written report of the incident;
     (iii) The timeline for when the written report must be submitted and when student's parents or guardians will be informed of the incident;
     (iv) The manner by which the information will be provided to parents or guardians; and
     (v) A requirement that a log of all instances of use of physical force, mechanical restraint, and chemical sprays be maintained and provided to the school board annually.
     (7) School districts shall report annually to the office of the superintendent of public instruction the total number of instances when physical force, mechanical restraint, or chemical spray was used, including:
     (a) The type of physical force, mechanical restraint, or chemical spray used;
     (b) The duration of the physical force or mechanical restraint if longer than five minutes;
     (c) A brief description or classification of the activity that was the cause of the physical force, mechanical restraint, or chemical spray;
     (d) The person who administered the physical force, mechanical restraint, or chemical spray;
     (e) Whether the physical force, mechanical restraint, or chemical spray resulted in any injury to the student or employee; and
     (f) What additional disciplinary action was taken toward the student.
     (8) Nothing in this section shall be construed to be inconsistent with chapter 28A.155 RCW, section 504 of the federal rehabilitation act of 1972 as amended (29 U.S.C. Sec. 794), or rules or regulations adopted thereunder.