AN ACT Relating to the use of aversive therapy techniques in the public school system; and adding new sections to chapter 28A.03 RCW.

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

NEW SECTION. Sec. 1. The legislature hereby finds that the misuse of aversive therapy techniques can be injurious to the health, safety, and welfare of a student. It is therefore the intent of sections 1 through 5 of this act to provide for safeguards against the misuse of aversive therapy techniques in the public school system.

NEW SECTION. Sec. 2. "Aversive therapy techniques," as used in sections 1 through 5 of this act, means the systematic negative reinforcement of behavioral objectives using methods which include, but are not limited to, binding, confining in a box, shocking, striking, submerging, tickling, or withholding food, water, or hygiene care from a student.

NEW SECTION. Sec. 3. (1) The superintendent of public instruction shall develop rules, in consultation with an advisory committee and in accordance with chapter 34.05 RCW, that establish state-wide standards to provide guidance to public school system personnel and safeguard students against the misuse of aversive therapy techniques, and establish substantive and procedural rights of preschool through twelfth grade students respecting the use of aversive therapy techniques.

(2) The superintendent of public instruction shall appoint an advisory committee for the purposes of this section that shall consist of representatives of child and parent advocacy organizations, health practitioners, school administrators, certificated instructional staff, and other interests, as the superintendent deems advisable.

(3) On or before November 30, 1989, the superintendent of public instruction shall schedule the rules developed under this section for hearing in accordance with chapter 34.05 RCW.

(4) The rules adopted by the superintendent of public instruction under this section shall include standards or procedures, or both, which address:

(a) Acceptable and unacceptable aversive therapy techniques;

(b) The qualifications required of personnel who may be authorized to use aversive therapy techniques; and

(c) Such other substantive and procedural safeguards against the misuse of aversive therapy techniques as the superintendent of public instruction deems advisable.

NEW SECTION. Sec. 4. No employee of a school district or education service district shall knowingly use an aversive therapy technique that is injurious to the health, safety, and welfare of any student, including any student with a handicapping condition. To monitor the use of aversive therapy techniques and address complaints respecting alleged misuse of such techniques, each school district and each educational service district that provides direct services to students shall establish a complaint resolution process as follows:

(1) A standing or ad hoc committee shall be established that consists of not less than one administrator, one certificated instructional staff person, and some other person who is selected for his or her objectivity and knowledge and is not employed by the school district or the educational service district;

(2) A natural parent, guardian, surrogate parent, or custodian of a student who has reason to believe that a student for whom he or she is responsible has been subjected to an aversive therapy technique in violation of this section, or in violation of rules of the superintendent of public instruction adopted under section 3 of this act, shall have the right to file a written complaint with the superintendent of the school district or educational service district serving the student, and to have the complaint investigated and responded to by a committee under this section;

(3) A committee established under this section shall investigate each complaint filed under this section and within ten school days following the school day of receipt of a complaint shall direct a written response to the complainant and superintendent of the school district or educational service district which sets forth the committees' findings of fact, conclusions, and recommendations if any; and

(4) The superintendent of the school district or the educational service district shall forward a copy of the committee's investigatory report in accordance with RCW 26.44.040 if the findings and conclusions of the committee establish that there is reasonable cause to believe that an aversive therapy technique injurious to the health, safety, and welfare of a student has been used.

NEW SECTION. Sec. 5. No school district or educational service district shall conduct or authorize organized research respecting the effectiveness of an aversive therapy technique which involves students unless a natural parent, guardian, surrogate parent, or custodian of each affected student has first been notified and consented to the specific research.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 28A.03 RCW.