H-3152.1

FOURTH SUBSTITUTE HOUSE BILL 1479

ByHouse Appropriations (originally sponsored by Representatives Callan, Santos, Goodman, Ramel, Ormsby, and Pollet; by request of Superintendent of Public Instruction)

AN ACT Relating to restraint or isolation of students in public schools and educational programs; amending RCW 28A.600.485, 28A.600.486, and 28A.155.210; adding new sections to chapter 28A.600 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.310 RCW; creating new sections; and providing expiration dates.

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

NEW SECTION.  Sec. 2. A new section is added to chapter 28A.600 RCW to read as follows:

The definitions in this section apply throughout RCW 28A.600.485, 28A.600.486, and 28A.155.210, and sections 4 and 6 through 12 of this act unless the context clearly requires otherwise.

(1) "Behavioral intervention plan" means the individualized plan developed for a student and implemented by staff for the purpose of changing, replacing, modifying, or eliminating a student's behavior or behaviors of concern.

(2) "Chemical restraint" means a drug or chemical administered by staff to a student to control the student's behavior or restrict the student's freedom of movement that is not: (a) Prescribed by a licensed health professional acting within the scope of the practice of that health profession for the standard treatment of a student's medical or psychiatric condition; (b) administered by a licensed health professional acting within the scope of the practice of that health profession; or (c) administered in accordance with the student's medical or psychiatric treatment plan.

(3) "Educational service" means instruction and other activities delivered or sponsored by a school district or other provider of public educational services, for example: General education services; special education services; medical services; safety and security services; transportation services; and any developmental, corrective, or other supportive services necessary for a student eligible for special education services to benefit from special education services.

(4) "Functional behavioral assessment" means the process or evaluation used by staff to understand the cause or purpose of a student's specific behavior or behaviors of concern in a specific environment.

(5) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.

(6) "Isolation," also known as seclusion, means the involuntary separation of a student from all other people, by staff, in a room or other enclosed area from which the student is not free to leave. "Isolation" does not include a time away, which is a student-selected behavior management technique that provides a student with an opportunity for self-calming, where the student is separated from others for a limited period, in a setting that is staff-monitored and from which the student may leave at any time.

(7) "Likelihood of serious harm" means a substantial risk that:

(a) Harm will be inflicted by the student upon his or her own person, as evidenced by threats or attempts to commit suicide, or inflict harm on oneself; or

(b) Harm will be inflicted by the student upon another, as evidenced by behavior that places another person or persons in reasonable fear of sustaining such harm.

(8) "Mechanical restraint" means staff use of a device to restrict a student's freedom of movement. "Mechanical restraint" does not include: (a) A device used by staff or a student: (i) As prescribed by a licensed health professional acting within the scope of the practice of that health profession; (ii) as documented in a student's individualized education program under Part B of the federal individuals with disabilities education act, Title 20 U.S.C. Sec. 1400 et seq. or a student's plan developed under section 504 of the rehabilitation act of 1973; or (iii) for a specific therapeutic, orthopedic, or medical purpose, when used for its designed purpose; or (b) the use of vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

(9) "Physical escort" means the temporary touching or holding of a student's hand, wrist, arm, shoulder, or back by staff for the purpose of directing the student to a safe or otherwise appropriate location.

(10) "Physical prompt" means a teaching technique used by staff that involves voluntary physical contact with a student for the purpose of enabling the student to learn or model the physical movement necessary for the development of a desired competency.

(11) "Physical restraint" means physical contact by one or more staff that immobilizes or reduces the ability of a student to move the student's arms, legs, torso, or head freely. "Physical restraint" does not include chemical restraint, mechanical restraint, physical escort, or physical prompt.

(12) "Provider of public educational services" means any entity that directly operates, or provides educational services under contract to, an elementary or secondary school program that receives public funds from the office of the superintendent of public instruction. "Provider of public educational services" includes a school district, public school as defined in RCW 28A.150.010, an educational service district, an institutional education provider as defined in RCW 28A.190.005, a public agency or private entity providing educational services under contract with any other provider of public educational services, an authorized entity as defined in RCW 28A.300.690, and any providers of services in accordance with Part B of the federal individuals with disabilities education act, Title 20 U.S.C. Sec. 1400 et seq. In addition, "provider of public educational services" includes the state school for the blind and the center for deaf and hard of hearing youth established under RCW 72.40.010.

(13) "Restraint" includes chemical restraint, mechanical restraint, and physical restraint.

(14) "Room clear" means the procedure used by staff in an emergency to direct all students, except for any students causing the emergency, to leave a room. Except as provided in rule of the office of the superintendent of public instruction, a room clear is not isolation.

(15) "Staff" means an employee or contractor of a school district or other provider of public educational services. "Staff" does not include licensed or certified health professionals of inpatient health care facilities.

(16) "Students" means children and youth served by a school district or other provider of public educational services.

Sec. 3. RCW 28A.600.485 and 2015 c 206 s 3 are each amended to read as follows:

(1) ((The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(b) No later than ninety days after receipt, the office of the superintendent of public instruction shall publish to its website the data received by the districts. The office of the superintendent of public instruction may use this data to investigate the training, practices, and other efforts used by schools and districts to reduce the use of restraint and isolation.))

NEW SECTION.  Sec. 4. A new section is added to chapter 28A.600 RCW to read as follows:

This section applies to incidents of student isolation or restraint, whether prohibited or limited under RCW 28A.600.485, and to incidents of a room clear.

(1) Notifications. (a) Immediately following the release of the student from isolation or restraint, and immediately following the return of students from a room clear, the staff who used, or directed the use of, isolation, restraint, or a room clear shall notify the principal, other building administrator, or designee, of the provider of public educational services about the incident.

(b) The principal, other building administrator, or designee of the provider of public educational services shall:

(i) Notify the student's parent or legal guardian about the incident, within 24 hours of the incident; and

(ii) Send written documentation to the parent or legal guardian, within three business days of the incident, and, when possible, send written documentation to the parent or legal guardian via email, on the same calendar day as the incident.

(c) With regard to use of isolation or restraint that is prohibited under RCW 28A.600.485(2), the principal, other building administrator, or designee, of the provider of public educational services shall notify the following people or entities about the incident in accordance with the applicable deadlines:

(i) The school district superintendent or other chief administrator of the provider of public educational services, within one business day of the incident;

(ii) The office of the superintendent of public instruction, within three business days of the incident; and

(iii) If the school district or other provider of public educational services is a contractor, the contractee, within three business days of the incident.

(2) Reviews. (a) As soon as practicable, but no later than one week following submission of the incident report as required under subsection (3) of this section, the principal, other building administrator, or designee, of the provider of public educational services shall review the incident with the student and the student's parent or legal guardian to discuss relevant events that occurred before, during, and after the incident, and to inform the student's parent or legal guardian about behavioral intervention planning that must be completed under subsection (4) of this section.

(b) As soon as practicable, staff must provide the student with an opportunity to meet with a counselor, nurse, psychologist, or social worker to reflect, process, and recover.

(c) As soon as practicable, a team of staff, including the staff who used, or directed the use of, isolation, restraint, or a room clear shall review the incident to, among other things:

(i) Provide the staff who used, or directed the use of, isolation, restraint, or a room clear with an opportunity to reflect, process, and recover;

(ii) Determine whether proper procedures were followed; and

(iii) Identify additional training, coaching, or assistance that may support staff who used, or directed the use of, isolation, restraint, or a room clear, to use less restrictive interventions in similar situations in the future.

(3) Reports. (a) Within two business days of the incident, the principal, other building administrator, or designee and the staff who used, or directed the use of, isolation, restraint, or a room clear shall prepare and submit a written report of the incident to the school district superintendent or other chief administrator of the provider of public educational services. At a minimum, the written report must include:

(i) The date, time, duration, and location of the incident;

(ii) Names and job titles of staff who used, or directed the use of, isolation, restraint, or a room clear and of staff who observed the incident;

(iii) The type or description of restraint or isolation used, if applicable;

(iv) A description of relevant events that occurred before, during, and after the incident, including any less restrictive interventions attempted, including any de-escalation attempts;

(v) Whether the student who was isolated, restrained, or caused the emergency that resulted in a room clear has either an individualized education program or behavioral intervention plan and, if so, whether the program or plan was followed;

(vi) Information about any known physical injuries or psychological trauma experienced by students or staff due to the incident, including whether medical care was sought or received, and whether staff requested or used leave benefits;

(vii) The recommendation of the staff who used, or directed the use of, isolation, restraint, or a room clear for resources and supports to prevent similar, future incidents;

(viii) The plan of the principal, building administrator, or designee to support the prevention of similar, future incidents; and

(ix) Other information as required by rule of the office of the superintendent of public instruction.

(b) The school district superintendent or other chief administrator of a provider of public educational services shall prepare a summary of the incident reports submitted under (a) of this subsection (3), at least annually and as required by the school district board of directors or other governing body of a provider of public educational services. The summary must be disaggregated for purposes of trend analyses, for example by the student categories and subcategories provided under RCW 28A.300.042 (1) and (3), student gender, students who are dependent pursuant to chapter 13.34 RCW, students who are homeless as defined in RCW 43.330.702, students who are multilingual/English learners, status as a student with a parent who is a member of the armed forces, by school or other applicable unit, by staff job title, by contractor, and by incident type.

(c) The school district superintendent or other chief administrator of a provider of public educational services must submit incident report data and summaries prepared under (a) and (b) of this subsection (3), at the time and in the manner required by the office of the superintendent of public instruction.

(4) Behavioral intervention plan. (a) As soon as practicable following the release of a student from isolation or restraint or the return of students following a room clear, staff shall, for the student who was isolated, restrained, or caused the emergency that resulted in a room clear:

(i) Complete a functional behavioral assessment, unless a functional behavioral assessment was previously completed for the student's behavior of concern; and

(ii) Develop a behavioral intervention plan or, if a behavioral intervention plan has already been developed, review the behavioral intervention plan and modify it as necessary to address the student's behavior of concern. When the student has an individualized education program, the behavioral intervention plan must be developed and modified in accordance with the student's individualized education program.

(b) Nothing in this subsection (4) limits behavioral intervention planning for students with individualized education programs under Part B of the federal individuals with disabilities education act, Title 20 U.S.C. Sec. 1400 et seq.

Sec. 5. RCW 28A.600.486 and 2013 c 202 s 4 are each amended to read as follows:

((Parents and guardians of children who have individualized education programs or plans developed under section 504 of the rehabilitation act of 1973 must be provided a copy of the district policy on the use of isolation and restraint at the time that the program or plan is created.))(1)(a) The school district board of directors or other governing body of a provider of public educational services shall adopt a student isolation and restraint policy and procedures that meets the requirements of this subsection. The procedures must comply with the requirements in RCW 28A.600.485 and section 4 of this act, and include a process for convening a team of staff to review every incident of isolation or restraint using a systems improvement approach that focuses on supporting staff to use less restrictive interventions as alternatives to isolation and restraint.

NEW SECTION.  Sec. 6. A new section is added to chapter 28A.600 RCW to read as follows:

(1)(a) By August 1, 2025, the school district superintendent or other chief administrator of a provider of public educational services, or the school district board of directors or other governing body of a provider of public educational services, shall prepare and submit to the office of the superintendent of public instruction a plan and timeline for staff professional development on the use of isolation and restraint under RCW 28A.600.485 and incident follow-up under section 4 of this act. The goal of the plan must be to reduce overall staff use of student isolation and restraint and to have highly trained staff available to isolate or restrain students when appropriate and in the safest possible manner.

(b) By August 1, 2026, and by August 1st annually thereafter, an update on the implementation of its staff professional development plan must be submitted to the office of the superintendent of public instruction.

(c) The sample staff training plan developed as required by section 7(4) of this act must be reviewed prior to plan and update development under this subsection (1). In addition, the plan and each update must be informed by the incident reviews completed under section 4(2) of this act.

(2)(a) The plan must describe the training and professional development that will be provided or made available to staff during the following school year. Staff training and professional development content, intensity, duration, and frequency must be tiered and differentiated by staff type, experience, and assignment.

(b) The plan must explain how staff who have received intensive crisis prevention and response training through a program approved by the office of the superintendent of public instruction under section 7(4) of this act are made available to prevent isolation and restraint and to reduce the risk of imminent likelihood of serious harm in the safest possible manner.

(c) The plan must describe the mechanism used to determine whether an entity under contract to provide educational services to students is providing training and professional development to the contractor's staff as required by this section.

(3)(a) The plan must include provision of training and professional development on the following topics, though nothing in this section requires all staff to be trained on all topics:

(i) The policy and procedures adopted under RCW 28A.600.486;

(ii) Evidence-based, trauma-informed, student-centered, proactive crisis prevention and response practices that are less restrictive than isolation and restraint, such as de-escalation strategies and corresponding classroom management techniques;

(iii) Evidence-based, trauma-informed, behavioral health supports for students and staff that include restorative practices; and

(iv) Evidence-based, systemic approaches, such as a multitiered system of supports and universal design for learning, to eliminate the use of prohibited isolation and restraint, to reduce the use of isolation and physical restraint, and to eliminate disparities in the use of isolation and restraint.

(b) Any crisis prevention and response training provided or made available to staff must be selected from the list of approved programs published by the office of the superintendent of public instruction as required by section 7(4) of this act.

(c) Example modes of professional development include: Trainings provided by the office of the superintendent of public instruction, educational service districts, the school district, or other provider of public educational services; pursuit of credentials through formal education programs; working with a mentor or coach; and involvement in professional learning communities.

(4) Training and professional development must be prioritized to staff in the following order:

(a) First to staff providing educational services to students with disabilities in prekindergarten through grade five, with further prioritization informed by the incident reviews completed under section 4(2) of this act;

(b) Second to staff providing educational services to students with disabilities in grades six through 12; and

(c) Third to all other staff.

(5) To the extent the use of the funds is not specified in RCW 28A.415.445 or the omnibus operating appropriations act, school districts and other providers of public educational services that receive funding for professional learning days under RCW 28A.150.415 may use this funding to meet the requirements of this section.

NEW SECTION.  Sec. 7. A new section is added to chapter 28A.300 RCW to read as follows:

(1) As required by this section, the office of the superintendent of public instruction shall monitor and support the compliance of school districts and other providers of public educational services with requirements related to student isolation and restraint and room clears under RCW 28A.600.485 and 28A.600.486 and sections 4 and 6 of this act.

(2) Within three months of receipt, the office of the superintendent of public instruction shall review each professional development plan and update submitted by a school district or other provider of public educational services under section 6 of this act.

(3) At least annually, the office of the superintendent of public instruction shall require school districts and other providers of public educational services to submit incident report data and summaries prepared under section 4(3) of this act. The office of the superintendent of public instruction shall publish the incident report data and summaries on its website within 90 days of receipt. The data must be published in a manner that allows trend analyses, including analysis of intersecting marginalized identities.

(4)(a) Ongoing technical assistance must be provided to school districts and other providers of public educational services to support compliance with the requirements related to student isolation and restraint and room clears under RCW 28A.600.485 and 28A.600.486 and sections 4 and 6 of this act.

(b) At a minimum, this technical assistance must include publishing:

(i) Guidance that is updated periodically to support best practices;

(ii) An approved list of intensive crisis prevention and response training programs that are evidence-based, trauma-informed, student-centered, and proactive. The school mental health assessment research and training center at the University of Washington must be consulted during the program approval process; and

(iii) A sample staff training plan that meets the requirements of section 6 of this act, includes training for different types of classified and certificated staff, and uses the framework of the Washington integrated student supports protocol, established under RCW 28A.300.139, within a multitiered system of supports.

(5) Prior to implementing the technical assistance, and periodically thereafter, the office of the superintendent of public instruction shall collaborate with statewide associations representing school administrators, classified staff, and certificated staff to conduct focus groups for the purpose of better understanding staff challenges related to implementation of student isolation and restraint and room clear requirements under RCW 28A.600.485 and 28A.600.486 and sections 4 and 6 of this act.

(6) Annually by November 1st, and in compliance with RCW 43.01.036, the office of the superintendent of public instruction shall report to the appropriate committees of the legislature with a summary of its activities to monitor and support the compliance of school districts and other providers of public educational services with requirements related to student isolation and restraint and room clears under RCW 28A.600.485 and 28A.600.486 and sections 4 and 6 of this act. The report must describe the progress that school districts and other providers of public educational services have made towards providing training and professional development to staff as required by section 6 of this act. The report must also highlight exemplar school districts and other providers of public educational services using best practices to eliminate the use of isolation and restraint.

(7) The office of the superintendent of public instruction shall adopt rules under chapter 34.05 RCW for the implementation of this section, sections 2, 4, and 6 through 12 of this act, and RCW 28A.600.485, 28A.600.486, and 28A.155.210.

NEW SECTION.  Sec. 8. A new section is added to chapter 28A.300 RCW to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall provide, or contract for, the provision of intensive crisis prevention and response training through a program approved under section 7(4) of this act.

(2) The office of the superintendent of public instruction shall establish the criteria for prioritization and prioritize the training to staff in the following order:

(a) Staff in school districts and other providers of public educational services that claimed and were approved for an exemption from the prohibition on isolation of prekindergarten through grade five students under RCW 28A.600.485(4)(b), with further prioritization informed by the incident report data and summaries prepared under section 4(3) of this act;

(b) Staff in school districts and other providers of public educational services that submit policies and procedures that include staff isolation of students in any of grades six through 12 as required by RCW 28A.600.486(3), with further prioritization informed by the incident report data and summaries prepared under section 4(3) of this act;

(c) Staff not included in (a) of this subsection (2) who provide educational services to students in prekindergarten through grade five; and

(d) Staff in school districts and other providers of public educational services with high incidents of isolation, restraint, room clears, and injuries.

(3) Training must be provided to the principals and other building administrators of the school districts and other providers of public educational services, as well as classified and other certificated staff, identified as priorities under this section.

NEW SECTION.  Sec. 9. A new section is added to chapter 28A.310 RCW to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall distribute funding to the educational service districts for regional coaches to support school districts and other providers of public educational services to implement requirements related to student isolation and restraint and room clears under RCW 28A.600.485 and 28A.600.486 and sections 4 and 6 of this act.

(2) Regional coaches must promote evidence-based, trauma-informed crisis prevention and response practices that are less restrictive than isolation and restraint, as well as classroom management techniques and the use of a multitiered system of supports. In addition, regional coaches must have received intensive crisis prevention and response training through a program approved by the office of the superintendent of public instruction under section 7(4) of this act.

(3) The duties of the regional coaches include mentoring, observing classes, providing feedback, providing trainings, training others to be trainers and mentors, and supporting actions to nurture a positive social and emotional school and classroom climate as described in RCW 28A.345.085.

(4) An educational service district that receives funding under this section must prioritize coaching services to local school districts and other providers of public educational services using the criteria established by the office of the superintendent of public instruction to prioritize provision of training under section 8 of this act.

(5) Educational service districts are encouraged to hire board certified behavior analysts as regional coaches.

NEW SECTION.  Sec. 10. A new section is added to chapter 28A.300 RCW to read as follows:

When a school district or other provider of public educational services is not making sufficient progress towards the goals established in its professional development plan submitted under section 6 of this act or when disparities in use of isolation or restraint are identified in its incident report data submitted and summaries prepared under section 4(3) of this act, the office of the superintendent of public instruction shall place the school district or other provider of public educational services on a plan of improvement. Under a plan of improvement, the office of the superintendent of public instruction shall provide targeted technical assistance, including annual site visits, until the school district or other provider of public educational services meets its professional development plan goals, or eliminates disparities in use of isolation or restraint, or both.

NEW SECTION.  Sec. 11. A new section is added to chapter 28A.300 RCW to read as follows:

(1) By November 1, 2024, the office of the superintendent of public instruction shall develop a training program for school district boards of directors and the governing bodies of other providers of public educational services to meet requirements related to student isolation and restraint and room clears under RCW 28A.600.485 and 28A.600.486 and sections 4 and 6 of this act. The training program must be updated periodically.

(2) At a minimum, the training program must include the following content: The legal prohibitions and limitations on the use of isolation and restraint on students provided under RCW 28A.600.485; the social-emotional and physical impacts to students and staff resulting from the use of isolation and restraint rather than trauma-informed interventions, such as de-escalation strategies and student-centered, restorative practices; how to assess compliance with RCW 28A.600.485 and 28A.600.486 and sections 4 and 6 of this act; a summary of the resources available through the office of the superintendent of public instruction and the educational service districts; a review of the applicable model policy of the Washington state school directors' association; and the sample training plan developed as required by section 7(4) of this act; and options for supporting system improvement by reprioritizing resources.

(3) The training program must be developed and updated in partnership with the Washington state school directors' association.

(4) The training program must be made available at no cost and be easily accessible to school district boards of directors, the governing bodies of other providers of public educational services, and the Washington state school directors' association.

NEW SECTION.  Sec. 12. A new section is added to chapter 28A.300 RCW to read as follows:

(1) By November 1, 2024, and as required by this section, the office of the superintendent of public instruction shall establish and implement a process for school districts and other providers of public educational services to claim an exemption from the prohibition on isolating prekindergarten through grade five students under RCW 28A.600.485(4). The office of the superintendent of public instruction must approve the exemption of each school district or other provider of public educational services that claims an exemption by June 1, 2025.

(2) The office of the superintendent of public instruction shall provide technical assistance to school districts and other providers of public educational services that claims an exemption. Technical assistance must include assisting with the preparation of a staff training and professional development plan that supports compliance with the requirements in RCW 28A.600.485(4) as soon as possible, but no later than August 1, 2029.

(3) School districts and other providers of public educational services must be prioritized for training under section 8 of this act and for regional coaching services under section 9 of this act.

(4) This section expires June 30, 2030.

(2) This section expires June 30, 2026.

(2) This section expires August 30, 2025.

(2) This section expires June 30, 2026.

Sec. 16. RCW 28A.155.210 and 2023 c 436 s 7 are each amended to read as follows:

(2) A student's individualized education program must include procedures for notification of, and incident review with, a parent or legal guardian regarding the use of restraint or isolation under RCW 28A.600.485. If a student is placed in an authorized entity under RCW 28A.155.060, the student's individualized education program must also specify any additional procedures required to ensure the authorized entity fully complies with RCW 28A.600.485.

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