Restraint and Isolation
Per HB 1109, the Washington State Legislature appropriated funds solely for OSPI to collect and monitor restraint and isolation data pursuant to chapter 206, Laws of 2015, and to provide training, technical assistance, and other support to schools and districts to reduce the use of restraint and isolation. Per Substitute House Bill 1240 (2015-16), the Office of Superintendent of Public Instruction (OSPI) is publishing information relative to data reporting for Restraint or Isolation of Students.
HB 1240 amended RCW 28A.600.485 and expanded the prohibition of restraint and isolation to all students. It allows restraint or isolation of any student only when “reasonably necessary to control spontaneous behavior that poses an imminent likelihood of serious harm, as defined in RCW 70.96B.010.” The provisions of the bill apply only to incidents of restraint or isolation which occur while a student is participating in school-sponsored instruction or activities. As a result of the legislation, the data collection around incidents of restraint or isolation is neither a special education nor a discipline collection, but rather a school safety-related data collection.
- Restraint and Isolation Counts of Students, Staff and Incidents
- Types of Restraint by District (Worksheet 2)
- Types of Isolation by District (Worksheet 3)
Any use of isolation, restraint, and/or restraint device shall be used only when a student's behavior poses an imminent likelihood of serious harm.
Physical intervention or force used to control a student, including the use of a restraint device to restrict a student's freedom of movement. 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.
Restricting the 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.
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 section shall not be construed as encouraging the use of these devices.
A substantial risk that: Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or the person has threatened the physical safety of another and has a history of one or more violent acts.
RCW 28A.600.485: Any school employee, resource officer, or school security officer who uses isolation, physical restraint or mechanical restraint on a student during school sponsored instruction or activities must inform the building administrator or designee as soon as possible; and within two (2) business days, submit a written report of the incident. The written report will include, at a minimum:
- The date and time of the incident;
- The name and job title of the individual who administered the restraint or isolation;
- A description of the activity that led to the restraint or isolation;
- The type of restraint or isolation used on the student, including the duration;
- Whether the student or staff was physically injured during the restraint or isolation incident and any medical care provided; and
- Any recommendations for changing the nature or amount of resources available to the student and staff members in order to avoid similar incidents.
The principal or designee must make a reasonable effort to verbally inform the parent or guardian within 24 hours of the incident; and must send written notification as soon as practical but postmarked no later than 5 business days after the restraint or isolation occurred in the language that the school customarily provides school-related information to the parent.
RCW 28A.600.485 includes a reporting requirement for the 2016–17 school year. By January 2018, each school district is required to submit summary data to OSPI. Districts are required to report annually each school year.
For each school, the school district shall include:
- The number of individual incidents of restraint and isolation: This number will reflect the total number of incidents requiring restraint and those requiring isolation of any student. This is an aggregation of the written reports described above.
- Unduplicated student counts: The unduplicated number of any and all students, with or without either IEPs or 504 plans, who required restraint or isolation.
- The number of injuries to students and staff: The number of staff with an injury(s) which resulted from the restraint and/or isolation itself. The number of students with an injury(s) which resulted from the restraint and/or isolation itself. These numbers will not include other injuries which may have resulted from the incident.
- The types of restraint or isolation used: The collection tool includes a drop down menu with possible methods of restraint and a text box to identify types or locations of isolation.
If there were no incidents requiring the use of restraint or isolation of any student in any schools within a school district, that data is also captured in the collection. Any disciplinary actions which may have followed a situation requiring restraint or isolation are reported separately through the discipline collection process.
By January 1st annually, each school district is required to summarize the written reports of restraint and isolation of any student and submit the summaries to the Office of Superintendent of Public Instruction. Within ninety days of receipt, OSPI is required to publish the summary data on its website. For this collection, the district shall report the following data for each school:
- Number of individual incidents of restraint and isolation,
- Number of students involved in the incidents,
- Number of injuries to students and staff,
- Types of restraint or isolation used.