WAC 392, Containing Restraint & Seclusion Rule Changes to Washington HB 1240

By CPI
February 3, 2016
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Washington Administrative Code (WAC) 392, containing proposed rule changes related to restraint and seclusion included in Washington HB 1240, was finalized on December 29, 2015 and comes into effect 31 days after filing on January 29, 2016.

Key points of the rule changes include:

1. Requires behavioral intervention plans incorporated into a student’s IEP to describe the positive behavioral interventions and supports that:

  1. Reduce the pattern of behavior(s) that impedes the student's learning or the learning of others and increase the desired prosocial behaviors;
  2. Maximize consistency of the implementation of the positive behavioral interventions across the student's school-sponsored instruction or activities. 

2. Bans many restraints including mechanical.

3. If the school and the district decide to create an emergency response protocol, any staff member or other adults using isolation, restraint, or a restraint device must be trained and certified by a qualified provider in the use of isolation, restraint, or a restraint device.

4. Any staff member or other adults using a restraint must be trained and certified by a qualified provider in the use of such restraints, or otherwise available in the case of an emergency when trained personnel are not immediately available due to the unforeseeable nature of the emergency.

5. Restraint is only allowed as a last resort and must be discontinued once the student is no longer a threat to self or others.

CPI Training Can Help You Comply

Schools throughout the US use our Nonviolent Crisis Intervention® training program because it focuses on prevention, de-escalation techniques, and other alternatives to restraint. Our training helps staff identify underlying causes of student behaviors, and how staff and student behaviors affect each other. The program also emphasizes:

  • Evaluating risk of harm and signs of distress
  • Documenting incidents
  • Safer, less restrictive holding skills to be used only as a last resort
  • Debriefing strategies to help prevent incidents from recurring  

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