Policy 3246:  Students

USE OF REASONABLE FORCE

It is the policy of the Curlew School board of directors that the district maintain a safe learning environment while treating all students with dignity and respect. All students in the district shall remain free from the unreasonable use of force.

District staff may use reasonable force to maintain order or to prevent a student from harming him/herself other students and school staff or property.

Physical force is reasonable when needed to prevent or minimize imminent bodily in­jury or substantial or great bodily harm to self or others. If de-escalation interventions have failed or are inappropriate, reasonable physical force may be used to protect district property.

Use of a restraint device or chemical spray is reasonable only under the following conditions and only when used by authorized and trained district staff after de-escalation interventions have failed or are inappropriate:

1. If the student’s behavior poses a threat of imminent bodily injury or substantial or great harm to self or others; or
2. To prevent significant property damage.

Physical force, restraint devices, chemical spray or less than lethal devices will not be used as a form of discipline or punishment.

This policy is intended to address students enrolled in the district and not intended to prevent or limit the use of reasonable force or restraint as necessary with other adults or youth from outside the school as allowed by law.

The superintendent will annually report to the board on the use of force. The superinten­dent or a designee will develop procedures to implement this policy.

Cross References:      Policy 2161                        Special Education and Related Services for Eligible Students

                                   Policy 2162                        Education of Students With Disabilities Under Section 504|
                                                                                        of the Rehabilitation Act of 1973

                                   Policy 3247                        Isolation and Restraint of Students with IEPs and Section 504 Plans

Legal References:
                                  RCW   9A.16.020               Use of Force — When lawful
                                  RCW   9A.16.100               Use of Force on Children — Policy — Actions presumed unreasonable
                                  RCW   28A.150.300           Corporal Punishment Prohibited
                                  Chapter 392-172A WAC    Rules for the Provision of Special Education 
                                  Chapter 392-400-235          Discipline — Conditions and limitations

Management Resources:
                                  Policy and Legal News, July 2013                       
                                       Use of Reasonable Force Policy retitled, revised to include new reporting  
                                       requirement pursuant to ESSB 1688
                                  Policy News, December 2008                        
                                       Use of Reasonable Force Policy

Adoption Date: 12.08

School District Name: Curlew School District

Revised: 12.08;11/23/10; 12/13

Classification: Priority