Policy: 3247

Section: 3000 - Students

Title: Required Notification Of Isolation Or Restraint Of Students With IEPs Or 504 Plans

Status: Active

Adopted: March 31, 2015

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Required Notification Of Isolation Or Restraint Of Students With IEPs Or 504 Plans

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 with an Individualized Education Program (IEP), an Aversive Intervention Plan (AIP) or a plan developed under Section 504 of the Rehabilitation Act of 1973 (Section 504 plan) will remain free from the unreasonable use of force. 

Isolation and restraint of these students will generally be avoided and will not be used as a form of discipline or punishment.   The district recognizes, however, that isolation and restraint are necessary at times to preserve the safety of students and school staff.  The district therefore authorizes these actions under limited circumstances. This policy and its accompanying procedure set forth the statutory definitions and authorized use of isolation, restraint and restraint devices as well as incident review procedures and requirements for reporting and parent/guardian notification. 

The district will provide parents or guardians of students with an IEP or Section 504 plan a copy of the district’s Isolation and Restraint policy when the IEP or Section 504 plan is created and will include parent/guardian notification procedures in the student’s IEP.

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
RCW28A.155.210	Use of restraint or isolation — Requirement for procedures to notify parent or guardian
RCW28A.600.485	Restraint of students with individualized education programs or plans developed under Section 504 of the Rehabilitation Act of 1973 — Procedures —Definitions
RCW28A.600.486	District policy on the use of isolation and restraint — Notice to parents and guardians of children who have individualized education programs or plans developed under section 504 of the rehabilitation act of 1973
RCW 28A.150.300	Corporal Punishment Prohibited — Adoption of policy
WAC 392-172A	Rules for the Provision of Special Education
WAC 392-400-235	Discipline — Conditions and limitations
Management Resources:
Policy and Legal News June Policy Alert 2014
Policy and Legal News, December 2013	New policy on Isolation and Restraint of students with IEPs and 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

 

Adoption Date: 03.31.15

Ferndale School District

Revised: