BILL REQ. #:  S-1056.1 

Read first time 02/04/13.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to reporting of incidents of student restraint and isolation in public schools; 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 although physical restraint and isolation of a student should be avoided, there may be circumstances where school district boards of directors have authorized these actions to preserve the safety of other students and school staff. Nevertheless, if an incident of student restraint or isolation occurs, school personnel should be held accountable for providing a thorough explanation of the circumstances.

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) "Isolation" means excluding a student from his or her regular instructional area and restricting the student alone within a room or any other form of enclosure.
     (b) "Restraint" means physical intervention or force used to control a student, including the use of a restraint device.
     (c) "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.
     (2) The provisions of this section apply to any restraint of a student that results in a physical injury to a student or a staff member, any restraint of a duration longer than two minutes, and any isolation of a student. The provisions of this section apply to such incidents of restraint or isolation that occur while the student is participating in school-sponsored instruction or activities.
     (3) The staff member who administered the restraint or isolation must verbally inform the school principal or his or her designee as soon as possible on the school day that the restraint or isolation occurred and must file a written report with the principal or his or her designee no later than the next school day. If the principal administered the restraint or isolation, the principal must prepare and file the written report. If a school resource officer or other law enforcement official who is not an employee of the school district administered the restraint or isolation, the principal or his or her designee must prepare and file the written report.
     (4) All written reports filed under this section must be maintained by the school as an ongoing record. All written reports filed under this section must be available for review on request, subject to removal of information that would compromise the confidentiality and privacy of any students involved in the incident.
     (5) The principal or his or her designee must verbally inform the student's parent or guardian of the restraint or isolation as soon as possible, preferably on the school day that the restraint or isolation occurred, and must send the written report to the parent or guardian, postmarked no later than two school days following the restraint or isolation. If the school or school district customarily provides the parent or guardian with school-related information in a language other than English, the written report under this section must be provided to the parent or guardian in that language.
     (6) All written reports of incidents of restraint or isolation under this section must include the following:
     (a) The date of the incident and the time the restraint or isolation began and ended;
     (b) The name and job title of the individual who administered the restraint or isolation and any staff members who observed the incident; the name of the principal or designee who was verbally informed of the incident; and the time that he or she was so informed;
     (c) A description of the activity in which the restrained or isolated student and other students and staff members in the same room or vicinity were engaged immediately before the incident occurred; the behavior that prompted the restraint or isolation; the efforts made to de-escalate the situation to avoid the restraint or isolation; alternatives to restraint or isolation that were attempted; and the justification for initiating a restraint or isolation; and
     (d) In the case of a restraint, a description of the administration of the restraint including the manner of restraint and the reason such manner of restraint was necessary; the student's behavior and reactions during the restraint; how the restraint ended; the type of injury to the student or staff, if any, during the restraint; and any medical care provided.
     (7) In addition to the information required under subsection (6) of this section, the written report of a restraint or isolation that is sent to the student's parent or guardian must also include the following:
     (a) Information regarding any further action that the school has taken or may take as a result of the incident that led to the restraint or isolation, including any disciplinary sanctions that may be imposed on the student; and
     (b) Information regarding opportunities for the student's parents or guardians to discuss with school officials the administration of the restraint or isolation, any disciplinary sanctions that may be imposed on the student, or any other related matter.
     (8) If a restraint results in a physical injury to a student or a staff member that requires medical attention, the school district must file a copy of the written report under subsection (6) of this section with the office of the superintendent of public instruction within five working days of the administration of the restraint, as well as a copy of the written reports for any other restraints under this section that occurred during the previous thirty days.