Policy: 3246

Section: 3000 - Students

Title: Use of Restraint, Isolation and Other Uses Reasonable Force

Status: Active

Adopted: January 28, 2014

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Use of Restraint, Isolation and Other Uses Reasonable Force

It is the policy of the Ferndale Board of Directors that the district maintains a safe learning environment while treating all students with dignity and respect. All students in the district, including those who have an individualized education program (IEP) or plan developed under section 504 of the Rehabilitation Act of 1973, will remain free from unreasonable restraint, restraint devices, isolation, and other uses of physical force. Under no circumstances will these techniques be used as a form of discipline or punishment.

This policy is intended to address district students. It is not intended to prevent or limit the use of other reasonable force or restraint as necessary with adults or other youth from outside the school as allowed by law.

Use of restraint, isolation and other forms of reasonable force may be used on any student when  reasonably necessary to control spontaneous behavior that poses  an  "imminent  likelihood  of serious  harm"  as  defined  by RCW 71.05.020 and Chapter 392.172A WAC and explained in the procedure accompanying this policy.  Serious harm includes physical harm to self, another or district property. Staff will closely monitor such actions  to  prevent harm to the student and  will use  the  minimum  amount of restraint  and isolation  appropriate  to  protect  the  safety of students and staff. The restraint, isolation, and other forms of reasonable force will be discontinued when the likelihood of serious harm has dissipated.

The superintendent or a designee will develop procedures to implement this policy including review, reporting and parent/guardian notification of incidents involving restraint or isolation as required by law. Additionally, the superintendent will annually report to the board on incidents involving the use of force.

 Cross References:

Policy 2161	Special Education and Related Services for Eligible Students
Policy 2162	Education of Students with Disabilities Under Section 504 of the Rehabilitation act of 1973

 

Legal References:

RCW 9A.16.020	Use of Force – When lawful
RCW 9A.16.100	Use of Force on Children – Policy – Actions presumed unreasonable
RCW 28A.150.300	Corporal Punishment Prohibited
RCW 28A.155.210	Use of restraint or isolation – Requirements for procedures to notify parent or guardian
RCW 28A.600.485	Restraint of students with individualized education programs or plans developed under section 504 of the rehabilitation act of 1973—Procedures—Definitions. [as amended by SHB 1240]
RCW 70.96B.010	Definitions
WAC 293-172A	Rules for the Provision of Special Education
WAC392-400-235	Discipline – Conditions and limitations

 

Management Resources:

Policy and Legal News, March 2016
Policy and Legal News, July 2015 Policy Alert
Policy and Legal News, December 2013	WSSDA issues new policy specific to isolation and restraint of students with IEPs and Section 504 plans
Policy and Legal News, July 2013	Use of Reasonable Force Policy retitled, revised to include new reporting requirement pursuant to ESSB 1688
Policy News, December 2008	Use of Reasonable Force Policy
2021 – December Issue

 

 

 

 

Adoption Date: 01.28.14

Ferndale School District

Revised: 03.31.15; 09.27.16; 06.25.24