ESHB 1688

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 202 L 13

Synopsis as Enacted

Brief Description: Establishing a requirement and system for reporting incidents of student restraint and isolation in public schools for students who have an individualized education program or plan developed under section 504 of the rehabilitation act of 1973.

Sponsors: House Committee on Education (originally sponsored by Representatives Stonier, Pike, Santos, Hayes, Orwall, Bergquist, McCoy, Scott, Ryu, Pollet, Freeman, Farrell and Parker).

House Committee on Education

Senate Committee on Early Learning & K-12 Education

Senate Committee on Ways & Means


Parents and teachers are encouraged under state law to use methods of correction and restraint that are not dangerous to children. The physical discipline of a child is allowed when it is reasonable and moderate and it is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child.

The following actions are presumed unreasonable when used to correct or restrain a child:

School districts are required to adopt school discipline policies. School districts must collect data on the disciplinary actions taken in schools. This information must be made available to the public, upon request, redacted for personally identifiable information.

The use of student isolation is limited under state rules on special education. They specifically indicate that the use of isolation must be:


The restraint or isolation of students who have an IEP or section 504 plan and who are participating in school-sponsored instruction or activities, is subject to certain requirements.

After school staff releases a student from restraint or isolation, the school must conduct follow-up procedures to include:

School employees, resource officers, or school security officers who use chemical spray, mechanical restraint, or physical force on a student must inform the administrator and file a written report to the district office. The contents of the written report are specified.

The principal must make a reasonable effort to verbally inform the parent or guardian about restraint or isolation within 24 hours and provide written notification postmarked within five days. Schools must provide this notification in a language other than English if the school customarily provides school related information to parents in languages other than English.

Schools that are required to develop IEPs must include within the plan procedures for notification of a parent or guardian. Parents or guardians of children who have an IEP or 504 plan must be provided a copy of the district policy on the use of isolation and restraint.

The terms "isolation," "restraint," and "restraint device" are defined.

Votes on Final Passage:







(Senate amended)




(House concurred)


July 28, 2013