Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-172A - Provision of Special Education Services › OTHER REQUIREMENTS › Section 392-172A-02076 - Prohibited practices

Current through Register Vol. 24-14, July 15, 2024
(1) School district
				personnel are prohibited from using aversive interventions with a student
				eligible for special education services, and are prohibited from physically
				restraining or isolating any student, except when the student's behavior poses
				an imminent likelihood of serious harm as defined in WAC
				392-172A-01092 and
				392-172A-01109.
(2) There are certain practices that are
				manifestly inappropriate by reason of their offensive nature or their potential
				negative physical consequences, or their illegality. The purpose of this
				section is to prohibit the use of certain practices with students eligible for
				special education services as follows:
(a)
				Electric current. No student may be stimulated by contact with electric current
				including, but not limited to, tasers.
(b) Food services. A student who is willing
				to consume subsistence food or liquid when the food or liquid is customarily
				served must not be denied or subjected to an unreasonable delay in the
				provision of the food or liquid.
(c)
(i)
				Force and restraint in general. A district must not use force or restraint that
				is either unreasonable under the circumstances or deemed to be an unreasonable
				form of corporal punishment as a matter of state law. See
				RCW
				9A.16.100, which prohibits the following uses
				of force or restraint including:
(A)
				Throwing, kicking, burning, or cutting a student.
(B) Striking a student with a closed
				fist.
(C) Shaking a student under
				age three.
(D) Interfering with a
				student's breathing.
(E)
				Threatening a student with a deadly weapon.
(F) Doing any other act that is likely to
				cause bodily harm to a student greater than transient pain or minor temporary
				marks.
(ii) The
				statutory listing of worst case uses of force or restraint described in this
				subsection may not be read as implying that all unlisted uses (e.g., shaking a
				four year old) are permissible. Whether or not an unlisted use of force or
				restraint is permissible depends upon such considerations as the balance of
				these rules, and whether the use is reasonable under the
				circumstances.
(d)
				Hygiene care. A student must not be denied or subjected to an unreasonable
				delay in the provision of common hygiene care.
(e) Isolation. A student must not be excluded
				from his or her regular instructional or service area and isolated within a
				room or any other form of enclosure, except under the conditions set forth in
				WAC 392-172A-02110.
(f) Medication. A student must not be denied
				or subjected to an unreasonable delay in the provision of medication.
(g) Noise. A student must not be forced to
				listen to noise or sound that the student finds painful.
(h) Noxious sprays. A student must not be
				forced to smell or be sprayed in the face with a noxious or potentially harmful
				substance.
(i) Physical restraints.
				A student must not be physically restrained or immobilized by binding or
				otherwise attaching the student's limbs together or by binding or otherwise
				attaching any part of the student's body to an object or against a wall or the
				floor, except under the conditions set forth in WAC
				392-172A-02110.
(j) Prone, supine, and wall restraints. A
				student must not be subjected to the use of prone (lying face-down) and supine
				(lying face-up) restraint, wall restraint, or any restraint that interferes
				with the student's breathing.
(k)
				Taste treatment. A student must not be forced to taste or ingest a substance
				which is not commonly consumed or which is not commonly consumed in its
				existing form or concentration.
(l)
				Water treatment. A student's head must not be partially or wholly submerged in
				water or any other liquid.