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Longview School District

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Longview, WA, USA

Policy No. 3246

Students

 

Use of Reasonable Force, Isolation and Restraint

It is the policy of the Longview 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.

District staff may use reasonable force to maintain order or to prevent a student from harming him/herself other students and school staff or property.

A. Physical force is reasonable when needed to prevent or minimize imminent bodily in­jury or substantial or great bodily harm to self or others. If de-escalation interventions have failed or are inappropriate, reasonable physical force may be used to protect district property.

B. Isolation and restraint of students will generally be avoided and will not be used as a form of discipline or corrective action. 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.

C. Use of restraint is reasonable only under the following conditions and only when used by authorized and trained district staff after de-escalation interventions have failed:

1. If the student’s behavior poses a threat of imminent bodily injury or substantial or great harm to self or others; or

2. To prevent significant property damage.

 

Physical force will not be used as a form of discipline or corrective action.

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

The superintendent will annually report to the board on the use of force. The superinten­dent or a designee will develop procedures to implement this policy.

 

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

Policy 3241                                          

Classroom Management, Corrective Actions or Discipline

 

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 Special Education notification procedures
RCW 28A.600.485 Restraint of students with individualized education programs or plans developed under Section 504 of the Rehabilitation Act of 1973.
RCW   28A.150.300 Corporal Punishment Prohibited
Chapter 392-172A WAC Rules for the Provision of Special Education
Chapter 392-400-235 Discipline — Conditions and limitations

 

Management Resources:

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

 

Initially Adopted: March 24, 2014

Amended: January 26, 2015