Bill to ban use of isolation and restraints in special ed classes passes House
Monday, March 2, 2015
The House of Representatives passed House Bill 1240 today to ensure that no child be regularly restrained or forcibly put into isolation at school as a matter of planned routine. Thousands of students in Washington state have been issued special education plans that include an expectation that the school will use physical restraints, which can include teachers laying on top of students, physical restraining devices, chokeholds, and isolation rooms.
“Every child in the state of Washington should be able to go to school every day without fear of being harmed,” Pollet said. “The unfortunate reality is that too many students in special education programs fear having their behavior corrected with the use of restraints and isolation. We can do better. An education plan should emphasize positive interventions that are proven to work.”
House Bill 1240, sponsored by Rep. Gerry Pollet, passed today 68-29 with bipartisan support. The measure would end the planned use of restraint and isolation as a part of the individualized education plans created for students with special needs.
Additionally, the bill would protect all students from restraint and isolation except in very limited circumstances where the imminent risk of harm is unforeseeable.
Importantly, this bill would promote the use of positive intervention strategies. Positive behavior intervention and therapies like applied behavioral analysis genuinely improve student behavior.
Recent information reveals that restraints and seclusion in schools pose a significant risk of injury, and even death, to children. A Harvard study estimates that school restraints cause up to 150 deaths each year. Even when physical injury does not result, restraint and isolation, especially over a period of time, are detrimental to a student’s mental well-being, behavior and educational outcomes.
One Washington school district used restraints and isolation over 1,800 times last year. Another similar-sized district with a similar student population trained its staff to use alternative methods to calm students. That district reduced use of isolation or restraint to one-fifth of the number of times compared to the other district which used isolation and restraint over 300 times a month.
House Education Committee Chair Sharon Tomiko Santos discussed on Floor passage how this bill will help the state to improve training for teachers and special education para-educators. All students deserve respectful treatment and the opportunity for a safe and effective education.
Rep. Pollet worked with special education parents, educators, Childrens’ Hospital Autism Center, school administrators in developing the bill, which now goes to the Senate for consideration.
The companion bill is alive in the Senate. Senate Bill 5908 2nd substitute bill has been passed to the Rules Committee. Sen. Chase is a sponsor.
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