3246 Policy – Restraint, Isolation and Other Use of Reasonable Force

It is the policy of Bellingham Public Schools 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 restraint or other reasonable force as necessary with adults or other youth from outside the district 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.16.020Use of force When lawful

RCW9A.16.100Use of force on children Policy Actions presumed unreasonable

RCW 28A.150.300 Corporal Punishment Prohibited - Adoption of policy

RCW 28A.155.210 Use of restraint or isolation Requirement 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 1973ProceduresSummary of incidents of isolation or restraintPublishing to web site. [as amended by SHB 1240]

Chapter 392-172A WAC - Rules for the provision of special education

RCW 71.05.020 Definitions

Management Resources:

Policy News, December 2008 Use of Reasonable Force Policy

Policy News, July 2013 Use of Reasonable Force policy retitled, revised to include new reporting requirement pursuant to ESSB 1688

Policy News, December 2013

Policy Alert, July 2015 New Law on restraint and isolation results in updates to Use of Reasonable Force Policy /Procedure

Policy News, March 2016 Two major policy revisions address restraint and isolation

Policy News, December 2021 An Inclusionary Approach to Special Education Services

Policy News, August 2024

Adopted: 5/14/09

Revised: 9/26/24

Superintendent or Board Approved: Superintendent Approved