Controversial because of the harm they can potentially cause students, restraint and seclusion continue to be used by schools on the basis of school safety. In Washington, seclusion is known as isolation.
Washington officially limits restraint and isolation to situations when a student’s behavior may cause serious harm. The state also limits staff from using restraint and isolation unless they are trained and certified to use trauma-informed crisis intervention.
Unofficially, schools may not follow the rules. They may claim a situation required the use of either practice when other options were possible. Students may suffer long-term physical, mental, or emotional harm as a result of restraint or isolation.
If your K-12 student attends school in Washington State and has been restrained or isolated, contact the Education Law Team at the LLF National Law Firm. Your family has options, up to and including suing the school. Call us at 888-535-3686 or fill out an online form.
Restraint and Isolation in Washington
Washington limits restraint and isolation to situations when a student’s behavior or actions create an imminent likelihood of serious harm during the school day or during school-sponsored activities. The state defines imminent as something likely to happen in the present moment and not at some unknown future time.
The likelihood of serious harm refers to a student’s actions presenting a substantial risk of potential physical harm to either the student or another member of the school community. This can include threats of suicide or self-harm.
Serious harm means that at least one person has a reasonable fear of sustaining serious injury. It can also include a threat to damage other people’s property, including behavior or actions that cause substantial loss or damage to other people’s property.
Put another way, threats to physical safety or others’ property can both be used to justify placing a student in restraint or isolation.
A student can only be restrained or isolated as long as the threat of serious harm remains. They must be closely supervised and monitored for the entire time. As soon as the threat ends, the restraint or isolation must also end.
More than Misconduct
Schools cannot restrain or isolate a student for misbehavior that doesn’t put anyone at risk of serious harm. The Washington Office of Superintendent of Public Instruction lists the following as actions that generally don’t rise to the level of imminent likelihood for serious harm:
- Not following directions from the school staff
- Refusing to go to class or sit in an assigned seat
- Not completing assigned schoolwork
- Using offensive or disrespectful language
- Ripping or taking down artwork or other wall decorations
Such activities can be handled via disciplinary action or positive behavior support. Restraint and isolation will rarely be considered necessary in these situations.
What Is Restraint?
In Washington, restraint refers to the use of physical intervention or force as a way to control or limit a student’s freedom of movement. It may involve either all or part of a student’s body and can include the use of restraint devices.
Washington provides a non-exclusive list of restraint devices:
- Metal handcuffs
- Plastic ties
- Ankle restraints
- Leather cuffs
- Hospital-type restraints
- Pepper spray
- Tasers
- Batons
The state adds that listing these devices isn’t an endorsement of using them.
Restraint doesn’t involve a school using appropriate, diagnosed, or prescribed medical, orthopedic, or therapeutic devices. It also doesn’t include seatbelts or other devices that have the primary goal of protecting students.
The state doesn’t have any explicit laws for or against chemical restraint. This type of restraint involves the use of drugs or medications beyond prescriptions or a doctor’s instructions.
Prohibited Restraint
Certain types of restraint are not allowed under any circumstances or at any time. These include:
- Lying face-down, or prone
- Lying face-up, or supine
- Against a wall
- Any limitation on a student’s breathing
- Any action that causes bodily harm beyond temporary marks
What does and doesn’t qualify as a temporary mark isn’t defined by the state law.
If you believe your student has been subjected to any of these practices, contact the Education Law Team at the LLF National Law Firm immediately.
What Is Isolation?
A student is isolated when they are alone in a room or other space and may not leave. A student is not considered isolated when they voluntarily choose to go to a quiet space. Removing a student from their regular routine for the purpose of exercising an appropriate positive behavior intervention plan is also not considered isolation.
Washington does not explicitly state whether schools can lock or otherwise physically prevent a student’s ability to leave a room.
Crisis Response Workgroup
In 2022, the Washington Office of Superintendent of Public Instruction released a report to the legislature on the use of seclusion and restraint in K-12 schools. The 33-page report examined the use of both practices from a variety of angles, including how it affected students both with and without disabilities and the impact on students’ physical and psychological health.
The report also made specific recommendations to the legislature. These included:
- Eliminating the use of isolation
- Adding the use of time-outs
- Banning the use of chemical restraint
- Improving access to mental health and behavior support services
- Increase education for school staff on de-escalation
The state has yet to use any of these recommendations in its laws.
Students with Disabilities and Restraint and Isolation
In general, schools in Washington cannot include restraint or isolation as a planned behavior intervention on a student’s IEP or 504 Plan. The exception is if a student’s needs require specific advanced educational plans and parents and guardians agree. Under no circumstances can schools unilaterally decide to include restraint or isolation on a student’s IEP or 504 Plan.
Protect Your Student
Restraint and isolation can cause serious and lasting physical, mental, and emotional harm to students. They may no longer feel safe attending school.
Schools may use restraint or isolation outside of the allowed uses. They may claim restraint or isolation was necessary when it wasn’t.
If your child’s school has subjected your student to restraint or isolation, the Education Law Team is here to help. We will advocate for your student and protect their right to an education in a safe environment. Call us at 888-535-3686 or fill out an online form.