AN ACT Relating to abusive therapy in special education schools; adding a new chapter to Title 28A RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that certain aversive therapy techniques utilized in special education harm the emotional and physical well-being of children and therefore should be restricted in their application in common schools.

NEW SECTION. Sec. 2. The terms defined in this section apply throughout this chapter.

(1) "Aversive therapy techniques" means any technique applied to a student that relies on negative conditioning to change an identified behavior, either physically or emotionally: PROVIDED, That the use of reasonable force or restraint necessary to defend oneself or others from physical harm shall not constitute an aversive therapy technique.

(2) "Staff" means all licensed, certified, or noncertified employees of a school district including any contracted personnel retained by the school district.

(3) "Superintendent" means the state superintendent of public instruction.

(4) "Abusive" therapy techniques mean those acts defined in section 3 of this act.

(5) "Black box" isolation rooms or closets means any unsupervised room or closet used as an educational or teaching strategy to elicit a behavioral response from a student, either for a therapeutic or punitive reason.

(6) "Physical restraints" means any binding used to restrict movement of the student that is not prescribed by a licensed practitioner, licensed under chapter 18.71 or 18.57 RCW and referenced in the student individual education plan.

(7) "Spray bottle therapy" means any use of a fluid spray to punish a student or use as an educational or teaching strategy to elicit a behavioral response.

(8) "Ammonia capsule or noxious fumes therapy" means any use of noxious fumes to punish a student or use as an educational or teaching strategy to elicit a behavioral response.

(9) "Electric shock therapy" means the use of any device that uses electricity to punish a student or use as an educational or teaching strategy to elicit a behavioral response.

(10) "Physical striking therapy" means any striking of a student either by hand, body, or with an implement with the intent to punish a student or use as an educational or teaching strategy to elicit a behavioral response.

(11) "Cold water dunking therapy" means any submerging of the head or body of a student designed to punish a student or use as an educational or teaching strategy to elicit a behavioral response.

(12) "Withholding of food, water, or hygiene care" means any act of not providing food, water, or hygiene care to a student as a punishment or use as an educational or teaching strategy to elicit a behavioral response.

(13) "Tickling therapy" means any use of the hands or an implement to punish a student or use as an educational or teaching strategy to elicit a behavioral response.

NEW SECTION. Sec. 3. The following abusive therapy techniques are not allowed in common schools:

(1) Black box isolation rooms or closets.

(2) Physical restraints.

(3) Spray bottle therapy.

(4) Ammonia capsule or noxious fumes therapy.

(5) Electric shock therapy.

(6) The physical striking therapy.

(7) Cold water dunking therapy.

(8) Withholding of food, water, or hygiene care.

(9) Tickling therapy.

NEW SECTION. Sec. 4. All aversive therapy techniques may only be used after obtaining the written permission of the parent or legal guardian. Aversive therapy techniques shall be limited in application and closely monitored by certified staff. A record shall be maintained by certified staff of the time, place, and objectives of any aversive therapy techniques utilized in the education of the student. Copies shall be made available to parents or guardians of the student each month. This section shall not be construed to allow the use of any abusive therapy techniques specified in section 3 of this act.

NEW SECTION. Sec. 5. Periodic review of the use of aversive therapy shall be made by the school district administration. The school district administration shall be responsible to minimize aversive therapy techniques within the school curriculum.

NEW SECTION. Sec. 6. Any licensed, certified, or noncertified staff who uses aversive therapy techniques in violation of school district policy shall be relieved of their position and their employment terminated.

NEW SECTION. Sec. 7. Any licensed staff who violates the provisions of this chapter shall be reported to the appropriate licensure agency which governs their profession for disciplinary action for professional misconduct.

NEW SECTION. Sec. 8. Any violation of section 3 of this act shall constitute child abuse as defined in chapter 26.44 RCW and shall be reported as provided in RCW 26.44.030.

NEW SECTION. Sec. 9. A parent or guardian may request the superintendent to investigate any violation of section 6 of this act. The superintendent may withhold funds from a school district if there is a pattern of persistent abuse or use of aversive therapy or violation of section 4 of this act.

NEW SECTION. Sec. 10. The superintendent shall annually review the magnitude of aversive therapy use in special education schools and report to the legislature its findings and recommendations to minimize aversive therapy techniques.

NEW SECTION. Sec. 11. The individual education plan of each student shall include the education objectives of aversive therapy techniques applied to that student in compliance with section 3 of this act.

NEW SECTION. Sec. 12. The school district shall provide adequate staff to assure compliance with this act.

NEW SECTION. Sec. 13. Each school district shall have a written policy on aversive therapy which shall be available to all parents and guardians of school district students. A copy shall be on file with the superintendent. The superintendent shall assure that written policies of school districts comply with the provisions of this act. The policy shall include the aversive therapy techniques which the school district may employ. Each parent or guardian of a student who receives special education or related services shall be given a copy of the citizen's complaint process annually.

NEW SECTION. Sec. 14. The school district may not authorize a researcher or staff to conduct any behavioral or physical study of a student without the written consent of the parent or guardian.

NEW SECTION. Sec. 15. The parent or legal guardian shall have the right to decide if the student remains in the school during the investigation. The alleged perpetrator shall have no contact with the student who was abused. The school district shall provide for the education of the student at no cost to the parent. All state and federal laws shall be complied with.

NEW SECTION. Sec. 16. Sections 1 through 15 of this act shall constitute a new chapter in Title 28A RCW.