There are certain interventions that are manifestly inappropriate by reason of their offensive nature or their potential negative physical consequences, or their legality. The purpose of this section is to uniformly prohibit their use with students eligible for special education as follows:
(1) Electric current. No student may be stimulated by contact with electric current.
(2) Food services. No student who is willing to consume subsistence food or liquid when the food or liquid is customarily served may be denied or subjected to an unreasonable delay in the provision of the food or liquid.
(3)(a) Force and restraint in general. No force or restraint which is either unreasonable under the circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state law may be used. See RCW 9A.16.100
which cites the following uses of force or restraint as uses which are presumed to be unreasonable and therefore unlawful:
(i) Throwing, kicking, burning, or cutting a student.
(ii) Striking a student with a closed fist.
(iii) Shaking a student under age three.
(iv) Interfering with a student's breathing.
(v) Threatening a student with a deadly weapon.
(vi) Doing any other act that is likely to cause bodily harm to a student greater than transient pain or minor temporary marks.
(b) The statutory listing of worst case uses of force or restraint described in this subsection may not be read as implying that all unlisted uses (e.g., shaking a four year old) are permissible. Whether or not an unlisted use of force or restraint is permissible depends upon such considerations as the balance of these rules, and whether the use is reasonable under the circumstances.
(4) Hygiene care. No student may be denied or subjected to an unreasonable delay in the provision of common hygiene care.
(5) Isolation. No student may be excluded from his or her regular instructional or service area and isolated within a room or any other form of enclosure, except under the conditions set forth in WAC 392-172A-03130
(6) Medication. No student may be denied or subjected to an unreasonable delay in the provision of medication.
(7) Noise. No student may be forced to listen to noise or sound that the student finds painful.
(8) Noxious sprays. No student may be forced to smell or be sprayed in the face with a noxious or potentially harmful substance.
(9) Physical restraints. No student may be physically restrained or immobilized by binding or otherwise attaching the student's limbs together or by binding or otherwise attaching any part of the student's body to an object, except under the conditions set forth in WAC 392-172A-03130
(10) Taste treatment. No student may be forced to taste or ingest a substance which is not commonly consumed or which is not commonly consumed in its existing form or concentration.
(11) Water treatment. No student's head may be partially or wholly submerged in water or any other liquid.
[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-03125, filed 6/29/07, effective 7/30/07.]