ENGROSSED FOURTH SUBSTITUTE HOUSE BILL 1479
State of Washington 68th Legislature 2024 Regular Session
By House Appropriations (originally sponsored by Representatives
Callan, Santos, Goodman, Ramel, Ormsby, and Pollet; by request of
Superintendent of Public Instruction)
READ FIRST TIME 02/05/24.
1 AN ACT Relating to restraint or isolation of students in public
2 schools and educational programs; amending RCW 28A.600.485,
3 28A.600.486, 28A.155.210, 28A.320.127, 28A.413.050, 28A.415.445, and
4 28A.155.250; adding new sections to chapter 28A.600 RCW; adding new
5 sections to chapter 28A.300 RCW; adding a new section to chapter
6 28A.410 RCW; adding a new section to chapter 28A.310 RCW; creating
7 new sections; repealing RCW 28A.415.330; and providing expiration
8 dates.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 PURPOSE OF ACT
11 NEW SECTION. Sec. 1. The purposes of this act are to: Protect
12 students from physically harmful and emotionally traumatic practices
13 of chemical restraint, mechanical restraint, and isolation; prohibit
14 the use of physical restraint imposed solely for purposes of student
15 discipline or staff convenience; improve the safety and well-being of
16 all staff and students by increasing the training and technical
17 assistance provided to staff; and enhance the public accountability
18 of school districts and other providers of public educational
19 services.
p. 1 E4SHB 1479
1 DEFINITIONS
2 NEW SECTION. Sec. 2. A new section is added to chapter 28A.600
3 RCW to read as follows:
4 The definitions in this section apply throughout RCW 28A.600.485,
5 28A.600.486, 28A.155.210, and sections 4, 7 through 9, and 13 through
6 18 of this act unless the context clearly requires otherwise.
7 (1) "Behavioral intervention plan" means the individualized plan
8 developed for a student and implemented by staff for the purpose of
9 changing, replacing, modifying, or eliminating a student's behavior
10 or behaviors of concern.
11 (2) "Chemical restraint" means a drug or chemical administered by
12 staff to a student to control the student's behavior or restrict the
13 student's freedom of movement that is not: (a) Prescribed by a
14 licensed health professional acting within the scope of the practice
15 of that health profession for the standard treatment of a student's
16 medical or psychiatric condition; (b) administered by a licensed
17 health professional acting within the scope of the practice of that
18 health profession or administered by designated staff delegated and
19 trained by the licensed health professional under RCW 28A.210.260; or
20 (c) administered in accordance with the student's medical or
21 psychiatric treatment plan.
22 (3) "Educational service" means instruction and other activities
23 delivered or sponsored by a school district or other provider of
24 public educational services, for example: General education services;
25 special education services; medical services; safety and security
26 services; transportation services; and any developmental, corrective,
27 or other supportive services necessary for a student eligible for
28 special education services to benefit from special education
29 services.
30 (4) "Functional behavioral assessment" means the process or
31 evaluation used by staff to understand the cause or purpose of a
32 student's specific behavior or behaviors of concern in a specific
33 environment.
34 (5) "Imminent" means the state or condition of being likely to
35 occur at any moment or near at hand, rather than distant or remote.
36 (6) "Intensive crisis prevention and response training" means a
37 training program approved by the office of the superintendent of
38 public instruction under section 13(4) of this act.
p. 2 E4SHB 1479
 1 (7) "Isolation," also known as seclusion, means the involuntary
2 separation of a student from all other people, by staff, in a room or
3 other enclosed area from which the student is not free to leave.
4 "Isolation" does not include: (a) A time away, which is a student-
5 selected behavior management technique that provides a student with
6 an opportunity for self-calming, where the student is separated from
7 others for a limited period, in a setting that is staff-monitored and
8 from which the student may leave at any time; (b) staff temporarily
9 confining a student alone in a classroom, office, or common area
10 because the student's behavior poses an imminent likelihood of
11 serious harm to the staff who had been in the room with the student,
12 provided the student's confinement ends as soon as it is practicable
13 for additional staff to intervene; or (c) a room clear, except as
14 provided in rule by the office of the superintendent of public
15 instruction.
16 (8) "Likelihood of serious harm" means a substantial risk that:
17 (a) Harm will be inflicted by the student upon his or her own
18 person, as evidenced by threats or attempts to commit suicide, or
19 inflict harm on oneself; or
20 (b) Harm will be inflicted by the student upon another, as
21 evidenced by behavior that places another person or persons in
22 reasonable fear of sustaining such harm.
23 (9) "Mechanical restraint" means staff use of a device to
24 restrict a student's freedom of movement. "Mechanical restraint" does
25 not include: (a) A device used by staff or a student: (i) As
26 prescribed by a licensed health professional acting within the scope
27 of the practice of that health profession; (ii) as documented in a
28 student's individualized education program under Part B of the
29 federal individuals with disabilities education act, Title 20 U.S.C.
30 Sec. 1400 et seq. or a student's plan developed under section 504 of
31 the rehabilitation act of 1973; or (iii) for a specific therapeutic,
32 orthopedic, or medical purpose, when used for its designed purpose;
33 or (b) the use of vehicle safety restraints when used as intended
34 during the transport of a student in a vehicle.
35 (10) "Physical escort" means the temporary touching or holding of
36 a student's hand, wrist, arm, shoulder, or back by staff for the
37 purpose of directing the student to a safe or otherwise appropriate
38 location.
39 (11) "Physical prompt" means a teaching technique used by staff
40 that involves voluntary physical contact with a student for the
p. 3 E4SHB 1479
 1 purpose of enabling the student to learn or model the physical
2 movement necessary for the development of a desired competency.
3 (12) "Physical restraint" means physical contact by one or more
4 staff that immobilizes or reduces the ability of a student to move
5 the student's arms, legs, torso, or head freely. "Physical restraint"
6 does not include chemical restraint, mechanical restraint, physical
7 escort, or physical prompt.
8 (13) "Provider of public educational services" means any entity
9 that directly operates, or provides educational services under
10 contract to, an elementary or secondary school program that receives
11 public funds from the office of the superintendent of public
12 instruction. "Provider of public educational services" includes a
13 school district, public school as defined in RCW 28A.150.010, an
14 educational service district, an institutional education provider as
15 defined in RCW 28A.190.005, a public agency or private entity
16 providing educational services under contract with any other provider
17 of public educational services, an authorized entity as defined in
18 RCW 28A.300.690, and any providers of services in accordance with
19 Part B of the federal individuals with disabilities education act,
20 Title 20 U.S.C. Sec. 1400 et seq. In addition, "provider of public
21 educational services" includes the state school for the blind and the
22 center for deaf and hard of hearing youth established under RCW
23 72.40.010.
24 (14) "Restraint" includes chemical restraint, mechanical
25 restraint, and physical restraint.
26 (15) "Room clear" means the procedure used by staff in an
27 emergency to direct all students, except for any students causing the
28 emergency, to leave a room. Except as provided in rule of the office
29 of the superintendent of public instruction, a room clear is not
30 isolation.
31 (16) "Staff" means an employee or contractor of a school district
32 or other provider of public educational services. "Staff" does not
33 include licensed or certified health professionals of inpatient
34 health care facilities.
35 (17) "Student behavior management" means the knowledge and skills
36 to:
37 (a) Implement proactive classroom management strategies that
38 create a positive and safe learning environment;
39 (b) Recognize the emotional or behavioral distress of students
40 and respond using evidence-based, trauma-informed behavioral health
p. 4 E4SHB 1479
 1 supports that are age and developmentally appropriate, are
2 restorative, and consider any disabilities of the students;
3 (c) Understand and implement behavior management practices and
4 positive behavioral supports within a multitiered system of supports;
5 and
6 (d) Use evidence-based, trauma-informed, and student-centered
7 approaches for de-escalating aggressive student behaviors that
8 include problem solving and conflict resolution and are less
9 restrictive than isolation or restraint.
10 (18) "Students" means children and youth served by a school
11 district or other provider of public educational services.
12 USE OF STUDENT ISOLATION AND RESTRAINT
13 Sec. 3. RCW 28A.600.485 and 2015 c 206 s 3 are each amended to
14 read as follows:
15 (1) ((The definitions in this subsection apply throughout this
16 section unless the context clearly requires otherwise.
17 (a) "Isolation" means restricting the student alone within a room
18 or any other form of enclosure, from which the student may not leave.
19 It does not include a student's voluntary use of a quiet space for
20 self-calming, or temporary removal of a student from his or her
21 regular instructional area to an unlocked area for purposes of
22 carrying out an appropriate positive behavior intervention plan.
23 (b) "Restraint" means physical intervention or force used to
24 control a student, including the use of a restraint device to
25 restrict a student's freedom of movement. It does not include
26 appropriate use of a prescribed medical, orthopedic, or therapeutic
27 device when used as intended, such as to achieve proper body
28 position, balance, or alignment, or to permit a student to safely
29 participate in activities.
30 (c) "Restraint device" means a device used to assist in
31 controlling a student, including but not limited to metal handcuffs,
32 plastic ties, ankle restraints, leather cuffs, other hospital-type
33 restraints, pepper spray, tasers, or batons. Restraint device does
34 not mean a seat harness used to safely transport students. This
35 section shall not be construed as encouraging the use of these
36 devices.
37 (2) The provisions of this section apply to all students,
38 including those who have an individualized education program or plan
p. 5 E4SHB 1479
 1 developed under section 504 of the rehabilitation act of 1973. The
2 provisions of this section apply only to incidents of restraint or
3 isolation that occur while a student is participating in school-
4 sponsored instruction or activities.
5 (3)(a) An individualized education program or plan developed
6 under section 504 of the rehabilitation act of 1973 must not include
7 the use of restraint or isolation as a planned behavior intervention
8 unless a student's individual needs require more specific advanced
9 educational planning and the student's parent or guardian agrees. All
10 other plans may refer to the district policy developed under
11 subsection (3)(b) of this section. Nothing in this section is
12 intended to limit the provision of a free appropriate public
13 education under Part B of the federal individuals with disabilities
14 education improvement act or section 504 of the federal
15 rehabilitation act of 1973.
16 (b) Restraint or isolation of any student is permitted only when
17 reasonably necessary to control spontaneous behavior that poses an
18 imminent likelihood of serious harm, as defined in RCW 70.96B.010.
19 Restraint or isolation must be closely monitored to prevent harm to
20 the student, and must be discontinued as soon as the likelihood of
21 serious harm has dissipated. Each school district shall adopt a
22 policy providing for the least amount of restraint or isolation
23 appropriate to protect the safety of students and staff under such
24 circumstances.
25 (4) Following the release of a student from the use of restraint
26 or isolation, the school must implement follow-up procedures. These
27 procedures must include: (a) Reviewing the incident with the student
28 and the parent or guardian to address the behavior that precipitated
29 the restraint or isolation and the appropriateness of the response;
30 and (b) reviewing the incident with the staff member who administered
31 the restraint or isolation to discuss whether proper procedures were
32 followed and what training or support the staff member needs to help
33 the student avoid similar incidents.
34 (5) Any school employee, resource officer, or school security
35 officer who uses isolation or restraint on a student during school-
36 sponsored instruction or activities must inform the building
37 administrator or building administrator's designee as soon as
38 possible, and within two business days submit a written report of the
39 incident to the district office. The written report must include, at
40 a minimum, the following information:
p. 6 E4SHB 1479
 1 (a) The date and time of the incident;
2 (b) The name and job title of the individual who administered the
3 restraint or isolation;
4 (c) A description of the activity that led to the restraint or
5 isolation;
6 (d) The type of restraint or isolation used on the student,
7 including the duration;
8 (e) Whether the student or staff was physically injured during
9 the restraint or isolation incident and any medical care provided;
10 and
11 (f) Any recommendations for changing the nature or amount of
12 resources available to the student and staff members in order to
13 avoid similar incidents.
14 (6) The principal or principal's designee must make a reasonable
15 effort to verbally inform the student's parent or guardian within
16 twenty-four hours of the incident, and must send written notification
17 as soon as practical but postmarked no later than five business days
18 after the restraint or isolation occurred. If the school or school
19 district customarily provides the parent or guardian with school-
20 related information in a language other than English, the written
21 report under this section must be provided to the parent or guardian
22 in that language.
23 (7)(a) Beginning January 1, 2016, and by January 1st annually,
24 each school district shall summarize the written reports received
25 under subsection (5) of this section and submit the summaries to the
26 office of the superintendent of public instruction. For each school,
27 the school district shall include the number of individual incidents
28 of restraint and isolation, the number of students involved in the
29 incidents, the number of injuries to students and staff, and the
30 types of restraint or isolation used.
31 (b) No later than ninety days after receipt, the office of the
32 superintendent of public instruction shall publish to its website the
33 data received by the districts. The office of the superintendent of
34 public instruction may use this data to investigate the training,
35 practices, and other efforts used by schools and districts to reduce
36 the use of restraint and isolation.))
37 Application. This section applies during the provision of
38 educational services:
39 (a) To all students, including those who have an individualized
40 education program or plan developed under section 504 of the
p. 7 E4SHB 1479
 1 rehabilitation act of 1973, of a school district or other provider of
2 public educational services; and
3 (b) To all staff of a school district or other provider of public
4 educational services, except for staff who are licensed or certified
5 health professionals of an inpatient health care facility.
6 (2) Prohibited isolation and restraint. (a) The staff of any
7 school district or other provider of public educational services are
8 prohibited from using the following interventions on any student
9 during the provision of educational services:
10 (i) Chemical restraint;
11 (ii) Corporal punishment as prohibited by RCW 28A.150.300;
12 (iii) Isolation or physical restraint that is contraindicated
13 based on the student's disability or health care needs or medical or
14 psychiatric condition as documented in:
15 (A) An individual health plan or other health