Washington Special Education Restraint and Seclusion Cases: What Parents Need to Know

All children with disabilities deserve access to proper and meaningful education, while being treated fairly and with dignity. Although many schools in Washington try to provide these services through their special education programs or some other academic variant, such as those provided by the now-defunct Northwest School of Innovative Learning (NW SOIL), instances of improper and abusive use of restraint and isolation have been reported.

In this post, we will examine the lawful use of isolation and physical restraint in cases involving children in these schools, as well as what constitutes abuse. The goal is to provide parents and guardians with a yardstick that allows them to determine when isolation or restraint may be legally permitted to protect their child from harming themselves or other people. However, if you suspect that your child may be a victim of excessive abuse, our experienced Washington special education lawyers(opens in new tab) can review your case.

Understanding Washington’s stance on restraint and isolation in schools

Recent Washington state reforms expressly ban the indiscriminate use of seclusion and restraints in public schools and other providers of public educational services during school-sponsored instruction or activities. However, school officials are allowed to deploy those measures when they need to control a student who exhibits spontaneous behavior that poses an imminent likelihood of serious harm to themselves or other people.

The Office of Superintendent of Public Instruction(opens in new tab) (OSPI) specifically provides guidelines subject to WAC 392-172A-02110(opens in new tab). In addition to using restraints or seclusion when necessary to curb or prevent a student from engaging in behavior that poses an imminent likelihood of serious harm to themselves or others, school officials must ensure the following:

• Educators who use restraint or isolation generally must be trained and currently certified by a qualified provider.
• They must immediately stop restraining and/or isolating the student when the likelihood of serious harm has dissipated.
• Seclusion rooms must be properly ventilated, adequately lit, temperature-controlled, and suitable for people to stay.
• Students must be able to breathe while restrained.
• If restraints must be deployed, they should be monitored to prevent harm and used to the least amount appropriate to ensure the student’s safety and comply with Washington’s restrictions.
• School districts must document all restraint and/or seclusion incidents, summarize them, and send the summaries to OSPI, which then publishes the information on its website and makes it available to the public.

Additionally, the state legislature has funded OSPI(opens in new tab) and set a goal of reducing restraints and eventually eliminating isolation from Washington public schools and other providers of public educational services.

Are the children harmed by isolating and/or restraining them?

Although restraint and seclusion practices in schools are meant to address dangerous behavior in emergency situations, evidence shows they are ineffective, with little or no behavioral, therapeutic, or academic benefits reported. In fact, per OSPI’s reports(opens in new tab), students who are “punished” through restraint often suffer serious physical injuries, are traumatized, and in extreme cases, lose their lives(opens in new tab).

Reports of cardiorespiratory arrest, suffocation, and asphyxiation during these sessions have been documented. In cases involving seclusion, students have been known to engage in self-harm by kicking at or throwing themselves against the doors in a bid to force them open and get outside.

In extreme cases, others have been known to continually hit their heads against the wall in protest of their “captivity.” Additionally, some staff members who carry out these interventions have been hurt and suffer injuries in the process.

At the end of the day, restraining and secluding students receiving special education services are harmful methods that should be avoided whenever possible.

Protections and documentation if restraint and/or seclusion is necessary

Although state legislation on the prohibition of seclusion and restraint is clear, emergencies may arise where a child poses an imminent threat or is in danger of self-harm or hurting others.

When this happens, a staff member may be compelled to intervene to help curb or stop the harmful behavior. However, it must be done with established safeguards that protect the child, including:

• Use ONLY in an emergency; not as a form of punishment or discipline.
• The process can only continue for as long as the likelihood of serious harm to themselves or others exists.
• Staff members must not use mechanical or chemical restraints.
• They are prohibited from using physical restraint or physical escorts that are life-threatening, restrict the child’s ability to breathe, or restrict blood flow to the brain.
• Schools cannot include isolation as a planned behavioral intervention in 504 plans or Individualized Education Programs (IEPs). Restraint may be included only when the student’s individual needs require more specific advanced educational planning, the parent or guardian requests it, a licensed health care provider documents that it is medically necessary, and the parent or guardian provides informed, voluntary written consent.
• Educational institutions must make a reasonable effort to verbally notify the affected child’s parents or guardians within 24 hours and send written notification as soon as practical, but no later than five business days after the incident.

These guidelines can be confusing. However, our experienced Washington special education lawyers at Smith McBroom Injury and Accident Lawyers can provide more insight and help you explore your next steps.

What can you do if your child is injured from improper restraints or unsupervised seclusion?

You and your child have recourse and can approach the issue in several ways:

• Take the child to the hospital for appropriate medical attention
• Document the extent of injuries via pictures and videos
• Collect and keep detailed information, statements, and verbal or mail notices from the school
• Contact the school to discuss the events that led to a staff member restraining or isolating your child and what happened during the incident
• Ask for CCTV or video recordings of the events if available
• Contact law enforcement if you suspect abuse or foul play

Most importantly, seek legal help from an experienced special education attorney if you are considering filing a personal injury claim on your child’s behalf.

Talk to an experienced Washington special education lawyer

Finding out that your special needs child was hurt when they were restrained or isolated can be devastating. However, you can seek justice for them and prevent a recurrence.

When you work with our experienced Washington special education attorneys at Smith McBroom Injury and Accident Lawyers, we can help you protect your child’s rights and seek accountability for abuse.

Contact us today to speak with an attorney about your case.