3246P%20-%20Restraint%2C%20Isolation%2C%20and%20Other%20Uses%20of%20Reasonable%20Force%20Procedure%20MARKUP.pdf

Parent document: Regular Meeting and Budget Hearing-06-26-2024.pdf

Text

MERIDIAN SCHOOL DISTRICT
Policy: 3246P
Sectien:3000—Students

Procedure - Restraint, Isolation and Other Uses of
Reasonable Force

This procedure is intended to apply to a broad range of circumstances whenever it is deemed reasonably
necessary by district staff to control spontaneous behavior by any student that poses an imminent likelihood
of serious harm. This procedure is intended to be interpreted consistent with the requirements of RCW
28A.600.485, RCW 9A.16.020, RCW 9A.16.100, RCW 28A.160.300, RCW 28A.155.210, WAC 392-400-235,
and, for students with an IEP, consistent with the regulations of Chapter 392-172A, WAC.

Definitions:

e Behavioral intervention plan: A plan incorporated into a student’s Individualized Education
Program (IEP), which at a minimum describes: 1)The pattern of behavior that impedes the
student’s learning or the learning of others; 2)The instruction and/or environmental conditions or
circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team; 3)The
positive behavioral interventions and supports to: i) reduce the pattern of behavior(s) that impedes
the student’s learning or the learning of others and increases the student’s desired prosocial
behaviors: and ii) ensure the consistency of the implementation of the positive behavioral
interventions across the student’s school-sponsored instruction or activities); and d)The skills that
will be taught and monitored as alternatives to challenging behavior(s) for a specific pattern of
behavior of the student.

e Chemical spray: Pepper spray, OC spray, or other similar chemicals that are used to control a
student or limit a student’s freedom of movement.

e De-escalation: The use of positive behavioral interventions and other district-approved strategies
to defuse a student who has lost self-control, is non-compliant or is demonstrating unacceptable
behavior. These strategies address behavior that is dangerous, disruptive or otherwise impedes the
learning of a student or others.

e Imminent: The state or condition of being likely to occur at any moment or near at hand, rather
than distant or remote.

e Isolation: Restricting a student alone within a room or any other form of enclosure, from which
the student may not leave. It does not include a student’s voluntary use of a quiet space for self-
calming, or temporary removal of a student from his or her regular instructional area to an unlocked
area for purposes of carrying out an appropriate positive behavior intervention plan.

e Likelihood of serious harm: A substantial risk that physical harm will be inflicted by a student:

© upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict
physical harm on oneself;

© upon another, as evidenced by behavior that has caused such harm or that places another
person or persons in reasonable fear of sustaining such harm;

© upon the property of others, as evidenced by behavior that has caused substantial loss or
damage to the property of others; or

oO after the student has threatened the physical safety of another and has a history of one or
more violent acts.

e Physical force: The use of bodily force or physical restriction that substantially immobilizes or
reduces the free movement of a student.

e Positive behavioral interventions: Strategies and instruction that can be implemented in a
strategic manner in order to provide alternatives to challenging behaviors, reinforce desired
behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Positive
behavioral interventions include the consideration of environmental factors that may trigger
challenging behaviors and teaching a student the skills to manage his or her own behavior.

e Restraint: Physical intervention or force used to control a student, including the use of a restraint
device. It does not include appropriate use of a prescribed medical, orthopedic or therapeutic device


when used as intended, such as to achieve proper body position, balance or alignment or to permit
a student to safely participate in activities.

Restraint device: A device used to assist in controlling a student, including, but not limited to
metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper
spray, tasers or batons. Restraint device does not mean a seat harness used to safely transport
students. This definition is consistent with RCW 28A.600.485 (1)(c), and is not intended to endorse
or encourage the use of such devices or techniques with district students.

School police officer: An employee of the school district responsible for security services in the
district under the direction of a school administrator, but who also is a commissioned officer.
School resource officer: A commissioned law enforcement officer who provides law enforcement
services and may perform other duties for the district, and is assigned by the employing police
department or agency to work in collaboration with the district.

School security officer: A classified or contracted school district employee other than a school
resource officer who provides security services in the district under the direction of a school
administrator.

General use of restraint, isolation, or other forms of reasonable force:

Restraint, isolation, or other forms of reasonable force may be used to prevent or minimize
imminent bodily harm to self or others, or if de-escalation or other positive behavioral interventions
fail or are inappropriate, to protect district property, where there is an “imminent likelihood of such
serious harm” occurring, as defined above.

Restraint, isolation, or other forms of reasonable physical force may be used when a student has
caused a substantial loss or damage to the property of others, and the student’s behavior poses a
substantial risk that such property damage will be inflicted.

Restraint devices may be used as needed to obtain possession of a known or reasonably-suspected
weapon or other dangerous object on a person or within the control of a person.

An IEP or plan developed under Section 504 of the Rehabilitation Act of 1973 must_include
procedures for notification of a parent or quardian regarding the use of restraint or isolation under
RCW 28A.600.485. The IEP or Section 504 plan must not include the use of restraint or isolation as
a planned behavior intervention unless a student’s individual needs require more specific advanced
education planning and the student’s parent or guardian agrees. Nothing in these procedures is
intended to limit the provision of a free appropriate public education (FAPE) under Part B of the
Individuals with Disabilities Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.

If a student is receiving special education services through placement in an authorized entity under
RCW 28A.155.060, the student’s IEP must also specify any additional procedures required to ensure
the authorized entity fully complies with state law governing the use of restraint and isolation.
Restraint, isolation, or other forms of reasonable physical force will not be used as a form of
discipline or punishment.

Restraint, isolation, or other forms of reasonable physical force will not be used as an initial
response to destruction of property, school disruption, refusal of the student to comply with school
rules or a staff directive; or a verbal threat that does not constitute a threat of imminent bodily
injury, unless other forms of de-escalation and positive behavioral interventions fail or are
inappropriate.

Restraint, isolation, or other forms of reasonable physical force should not be used as an
intervention if the school employee, school resource officer or school security officer knows that the
student has a health condition or physical problem and the condition or problem would be
exacerbated by the use of such techniques.

Practices presumed to be unreasonable when correcting or restraining any child (RCW
9A.16.100):

Under RCW 9A.16.100, the following is a non-exclusive list of acts that are presumed unreasonable when
correcting or restraining a child:

throwing, kicking, burning, or cutting a child;
striking a child with a closed fist;

shaking a child under age three;

interfering with a child’s breathing;
threatening a child with a deadly weapon; or


e doing any other act that is likely to cause bodily harm to a student greater than transient pain or
minor temporary marks.

This non-exclusive list should not be read so as to imply that another, unlisted form of correction or restraint
is permissible. Whether or not an unlisted use of force or restraint is presumptively permissible depends
upon a balanced consideration of all relevant state laws and regulations, and whether the use is reasonable
under the totality of the circumstances.

Conditions specific to use of isolation or restraint with students eligible for special education
(consistent with WAC 392-172A-02110):

e The isolation enclosure will be ventilated, lighted and temperature controlled from inside or outside
for purposes of human occupancy.

e  =The isolation enclosure will permit continuous visual monitoring of the student from outside the
enclosure.

e An adult responsible for supervising the student will remain in visual or auditory range of the
student at all times.

e Either the student shall be capable of releasing himself or herself from the enclosure, or the student
shall continuously remain within view of an adult responsible for supervising the student.

e Any staff member or other adults using isolation, restraint, or a restraint device must be trained and
currently certified by a qualified provider in the use of trauma-informed crisis intervention (including
de-escalation techniques) and the safe use of isolation, unless trained personnel are not
immediately available due to the unforeseeable nature of the emergency.

Prohibited practices involving restraint, use of force, and discipline specifically for students
eligible for special education (consistent with WAC 392-172A-02076):
The following practices are prohibited with students eligible for special education services:

e District personnel are prohibited from using aversive interventions with a student;

e District personnel are prohibited from physically restraining or isolating any student, except when
the student’s behavior poses an imminent likelihood of serious harm as defined above;

No student may be stimulated by contact with electric current, including, but not limited to, tasers;
A student may not be denied or subjected to an unreasonable delay in the provision of food or liquid
from when the food or liquid is customarily served as a form of punishment;

e A student may not be the recipient of force or restraint that is either unreasonable under the
circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state
law (see above, for example, for a list of practices presumed to be unreasonable when used in
correcting or restraining a child);

e A student must not be denied or subjected to an unreasonable delay in the provision of common
hygiene care;

e A student must not be denied or subjected to an unreasonable delay in the provision of medication;

e A student may not be excluded from his or her regular instructional or service area and isolated
within a room or any other form of enclosure, except under the conditions set forth in WAC 392-
172A-02110;

A student must not be forced to listen to noise or sound that the student finds painful;
A student must not be forced to smell or be sprayed in the face with a noxious or potentially
harmful substance;

e A student must not be forced to taste or ingest a substance which is not commonly consumed or
which is not commonly consumed in its existing form or concentration;

A student’s head must not be partially or wholly submerged in water or any other liquid.

A student must not be physically restrained or immobilized by binding or otherwise attaching the
student’s limbs together or by binding or otherwise attaching any part of the student’s body to an
object or against a wall or the floor, except under the conditions set forth in WAC 392-172A.02110;

e A student must not be subjected to the use of prone (lying face-down) or supine (lying face-up)
restraint, wall restraint, or any restraint that interferes with the student’s breathing.

Degree of force:


e Restraint, isolation, or other forms of reasonable physical force will be discontinued as soon as a
determination is made by the staff member administering the restraint, isolation, or other forms of
reasonable physical force that the likelihood of serious harm has dissipated.

e Restraint, isolation, or other forms of reasonable physical force must be administered in such a way
so as to prevent or minimize physical harm to the student. If, at any time during the use of
restraint, isolation, or other forms of reasonable physical force, the student demonstrates significant
physical distress, the technique must be reduced immediately and, if necessary, school staff must
take immediate steps to seek medical assistance.

Monitoring:

An adult must continually monitor any student when restraint, isolation, or other forms of reasonable
physical force is used. The monitoring must be conducted by continuous visual monitoring of the student.
Monitoring must include regularly evaluating the student for signs of physical distress

Post-incident notification and review with parent/guardian:

Within twenty-four (24) hours following the use of restraint, isolation, or other forms of reasonable physical
force with a student, the principal or designee must make a reasonable effort to verbally inform the
student’s parent or guardian of the incident. The principal or designee must also send written notification as
soon as practical, but postmarked no later than five (5) business days after restraint, isolation, or other
forms of reasonable physical force has been used with a student. If the school or district customarily
provides the parent or guardian with school-related information in a language or mode of communication
other than English, the written report must be provided to the parent or guardian in that language or mode
of communication.

The principal or designee will review the incident with the student and the parent or guardian (though not
necessarily at the same time) to address the behavior that precipitated the use of the technique and the
appropriateness of the response. The principal or designee will review the incident with the staff person(s)
who administered the restraint, isolation, or other forms of reasonable physical force to discuss whether
proper procedures were followed and what staff training or support is needed to help the student avoid
similar incidents.

IEPs and 504 plans will include the above procedures for notification of parents/quardians regarding the use
of isolation and restraint on their student.

Incident report:

Any school employee, school resource officer or school security officer who uses restraint, isolation, or other
forms of reasonable physical force, as defined in this procedure, on any student during school-sponsored
instruction or activities, will inform the principal or a designee as soon as possible and within two (2)
business days submit a written report of the incident to the district office. The written report will contain, at
a minimum:

The date and time of the incident;
The name and job title of the staff member who administered the restraint, isolation, or other form
of reasonable physical force;

e A description of the activity that led to the restraint, isolation, or other form of reasonable physical
force;

e The type of restraint, isolation, or other forms of reasonable physical force used on the student, and
the duration;

e Whether the student or staff was physically injured during incident involving restraint, isolation, or
other forms of reasonable physical force;

e Any medical care provided to the student or staff; and

e Any recommendations for changing the nature or amount of resources available to the student and
staff members in order to avoid similar incidents.

Resolution of concerns about the use of force incident:

A student or his/her parent or guardian who has concerns regarding a specific incident involving restraint,
isolation, or other forms of reasonable physical force may seek to resolve the concern by using the district’s
complaint process which is set forth in Policy 4220, Complaints Concerning Staff or Programs.


Providing parents/guardians with Restraint, Isolation, and Other Uses of Reasonable Force
policy:

The district will make available to all parents/guardians of students the district’s policy on Restraint,
Isolation and Other Use of Reasonable Force. If the student has an IEP or 504 plan, the District will provide
the parents/guardians a copy of the policy each time an initial or annual IEP or 504 plan is developed.

Staff training requirements:

All training will include instruction in positive management of student behavior, cultural sensitivity, effective
communication for defusing and de-escalating disruptive or dangerous behavior and safe and appropriate
use of force, isolation and restraint. Annually, administrators will provide all staff with the district established
policy and procedure regarding the use of reasonable force.

All staff should be informed of de-escalation strategies and proper physical intervention procedures.
Appropriate staff and those who are required or reasonably anticipated to provide physical force intervention
will be trained in the use of physical force intervention.

Only staff trained by a qualified provider and authorized to use isolation, restraint, restraint devices or
chemical spray procedures will administer it to students. The appropriate personnel will include those staff
members who are most likely to be called upon to use isolation, restraint, restraint devices or chemical
spray to prevent or address disruptive or dangerous student behavior.

Submission of incident reports to the Office of Superintendent of Public Instruction:
Beginning January 1, 2016 and annually by January 1 thereafter, the district will summarize the written
incident reports described above and submit those summaries to OSPI. The summaries will include:

the number of individual incidents of restraint and isolation;
the number of students involved in the incidents;

the number of injuries to students and staff; and

the types of restraint or isolation used.

Annual Report:

The building administrator or a designee will maintain a log of all instances of use of force as defined by this
procedure, which will be presented to the superintendent annually. The superintendent will provide an
annual report to the board regarding the district's use of force.

Adoption Date: 06/22/16
Classification: Essential
Revised Dates:

01/22; 00/24