Hearing Room A in the John L. O'Brien building was packed with students, parents and disability advocates gathering in support of House Bill 1240- Concerning restraint or isolation of students with disabilities in public schools.   Arzu Forough, President and CEO of Washington Autism Alliance & Advocacy (WAAA) and Director of the Board Katherine George were among those today offering compelling and heartfelt supporting testimony through out the extended public hearing.

Background:  The Individuals with Disabilities Education Act (IDEA) doesn't envision that special education students will be isolated or restrained. In fact, 34 CFR 300.324, the federal regulation governing IEP development, requires determining "appropriate positive behavioral interventions" and does not say anything about aversive interventions. Washington has 4 regulations on aversive regulations that have no counterparts in the federal regulations -illustrating that this is state-level policy, not a federal mandate to use aversive interventions. It is our opinion the state has gone too far.

The Problem: Students with autism account for a disproportionate percentage of all students with disabilities who experience restraint and isolation in public schools. These students often experience significant communication barriers, are non-verbal and don’t have access to appropriate positive behavior supports. Teachers and other personnel are not regularly trained on alternatives to seclusion and restraints. In absence of appropriate training, students with social emotional learning disabilities are forced into more and more restrictive settings and experience more challenging behaviors that are often a manifestation of a disability.

HB 1240 leads to responsible reform that will help teachers and students

• Prohibits the planned use of restraint or isolation as part of an individual student’s program.
• Continues to allow the use of restraint or seclusion to guarantee safety—when there is a real risk of injury to staff, students or property.
• Promotes staff training and instructional methods that actually work.

Coercion is not effective and should never be used as discipline or for convenience. By building distrust between student and educator, these methods undermine instructional potential and create an environment of fear. Protecting the safety of teachers, staff and other students is of critical importance. If a student’s behavior risks turning violent, restraint or seclusion will be allowed. Multiple studies have shown that students with disabilities respond better to positive reinforcement and comprehensive therapies like Applied Behavior Analysis to promote appropriate behavior. Helping schools be more effective benefits everyone.

We are grateful to all who travelled far to join us to testify.  Please stay tuned as WAAA works dilligently to support the legislative efforts underway to keep all students safe in schools.