BILL REQ. #:  H-5356.1 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to student discipline policies; amending RCW 28A.400.110; 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 restraint. 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, through use of research-based, school-wide, positive behavior intervention supports, 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 restraint as an intervention in the school environment should be used only in emergency situations after other less intensive 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 restraint" means the use of force or physical intervention to control a student or limit a student's freedom of movement through the use of pepper spray or the administration of any medication for the purpose of restraining the student.
     (b) "Mechanical restraint" means the use of force or physical intervention to control a student or limit a student's freedom of movement through the use of a mechanical device including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons.
     (c) "Physical restraint" means the use of 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 restraint.
     (d) "School resource officer" means a commissioned law enforcement officer who provides security and law enforcement services at one or more public schools under the direction of a school building administrator.
     (e) "School security officer" means a person other than a commissioned law enforcement officer who provides security services at one or more public schools under the direction of a school building administrator.
     (2) Except as provided in subsection (5) of this section, the use of mechanical or chemical restraint on students in the public schools is prohibited.
     (3) Except as provided in subsection (5) of this section, the use of physical restraint on students in the public schools is limited to the use of reasonable force under the following circumstances only:
     (a) The student's behavior poses a threat of imminent, serious, physical harm to property, to self, or to others; and
     (b) Nonphysical interventions would not be effective in removing the imminent threat of harm.
     (4) Except as provided in subsection (5) of this section, the use of physical restraint in the 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 imminent, serious, physical 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;
     (b) Commissioned law enforcement officers, including school resource officers, or judicial authorities from exercising their authority or executing their responsibilities, including the physical detainment of a student or other person; or
     (c) A school security officer from using metal handcuffs or plastic ties to restrain a student while awaiting the arrival of a commissioned law enforcement officer under the following circumstances only:
     (i) The student's behavior poses a threat of imminent, serious, physical harm to property, to self, or to others; and
     (ii) Nonphysical interventions would not be effective in removing the imminent threat of harm.
     (6) Each school district shall establish a written policy regarding the use of physical, mechanical, or chemical restraint that is available to students and parents or guardians. The policy shall include at a minimum:
     (a) A description and explanation of the methods of restraint authorized at the school;
     (b) A description of the school's training requirements for those authorized to use physical, mechanical, or chemical restraints; and
     (c) Incident reporting requirements and the follow-up procedures used when physical, mechanical, or chemical restraint is used on a student including what must be included in a written report of the incident and the timeline for when the student's parents or guardians will be informed of the incident and manner by which the information will be provided to parents or guardians.
     (7) School districts shall report annually to the office of the superintendent of public instruction:
     (a) The total number of instances when physical restraint was used, including:
     (i) The type of restraint used, including the holds used;
     (ii) The duration of the restraint if longer than five minutes;
     (iii) A brief description or classification of the activity that was the cause of the restraint;
     (iv) The program staff member who administered the restraint;
     (v) Whether the restraint resulted in any injury to the student or staff member;
     (vi) What additional disciplinary action was taken towards the student; and
     (vii) The age, grade, sex, race, and distinct ethnic category within the racial subgroup of the restrained student;
     (b) The total number of instances when mechanical restraint was used, including:
     (i) The type of mechanical restraint device used;
     (ii) The duration of the restraint if longer than five minutes;
     (iii) A brief description or classification of the activity that was the cause of the restraint;
     (iv) The program staff member who administered the restraint;
     (v) Whether the restraint resulted in any injury to the student or staff member;
     (vi) What additional disciplinary action was taken towards the student; and
     (vii) The age, grade, sex, race, and distinct ethnic category within the racial subgroup of the restrained student;
     (c) The total number of instances when chemical restraint was used, including:
     (i) The type of chemical restraint device used;
     (ii) The duration of the restraint if longer than five minutes;
     (iii) A brief description or classification of the activity that was the cause of the restraint;
     (iv) The program staff member who administered the restraint;
     (v) Whether the restraint resulted in any injury to the student or staff member;
     (vi) What additional disciplinary action was taken towards the student; and
     (vii) The age, grade, sex, race, and distinct ethnic category within the racial subgroup of the restrained student.

Sec. 3   RCW 28A.400.110 and 1997 c 266 s 12 are each amended to read as follows:
     Within each school the school principal shall determine that appropriate student discipline is established and enforced. In order to assist the principal in carrying out the intent of this section, the principal ((and)), the certificated employees, and school security officers and school resource officers as defined in section 2 of this act in a school building shall confer at least annually in order to develop and/or review building disciplinary standards and uniform enforcement of those standards. Such building standards shall be consistent with the provisions of RCW 28A.600.020(3).
     School principals ((and)), certificated employees, and classified employees who have contact with students shall also confer annually, to establish criteria for determining when certificated employees, and classified employees who have contact with students, must complete classes to improve classroom management skills, including the use of research-based, school-wide, positive behavior intervention supports.