(1) The term "aversive interventions" means the use of isolation or restraint practices for the purpose of discouraging undesirable behavior on the part of the student. The term does not include the use of reasonable force, restraint, or other treatment to control unpredicted spontaneous behavior which poses one of the following dangers:
(a) A clear and present danger of serious harm to the student or another person.
(b) A clear and present danger of serious harm to property.
(c) A clear and present danger of seriously disrupting the educational process.
(2) The purpose of requiring an aversive intervention plan is to assure that students eligible for special education are safeguarded against the misuse of various forms of aversive interventions. Each school district shall take steps to ensure that each employee, volunteer, contractor, and other agent of the district or other public agency responsible for the education, care, or custody of a student is aware of aversive intervention requirements and the conditions under which they may be used. A school district must not authorize, permit, or condone the use of aversive interventions which violate WAC 392-172A-03120 through 392-172A-03135
by any employee, volunteer, contractor or other agent of the school district responsible for the education, care, or custody of a student eligible for special education. Aversive interventions, to the extent permitted, shall only be used as a last resort. Positive behavioral supports and interventions shall be used by the school district and described in the individualized education program prior to the determination that the use of aversive interventions and development of an aversive intervention plan is a necessary part of the student's individualized education program, in addition to the use of positive behavioral supports and interventions.
[Statutory Authority: RCW 28A.155.090
and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-03120, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090
(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-03120, filed 6/29/07, effective 7/30/07.]