In a district-wide letter to parents, the Bainbridge Island School District superintendent shared findings from an investigation on how the district responded when a 9-year-old Ordway Elementary School student left campus and was ultimately placed in the back of a police car Feb. 28.
Peter Bang-Knudsen said two BISD policies were not fully followed. “I want to apologize for the negative impact the event on February 28th had on the student and the student’s family.”
He also apologized to Ordway staff, “who faced a complex and dynamic situation in February. This situation brought to light the need for district-wide staff training and guidance on how to better partner with BIPD to bring about resolutions to situations that involve student safety.”
Due to student confidentiality, the district would not release the full report.
Policy violations
After interviewing nine witnesses, reviewing documents and watching the police body camera video the investigator found the district’s Student Records Policy, and the Restraint and Isolation Policy were violated.
The district can disclose supplementary records to appropriate agencies in emergency situations. But it states that it must be done in “connection with an emergency to protect the health and safety of the student or other persons.” The investigator found that the disclosure of the student records to law enforcement on site was made after any articulable emergency ceased to exist and concluded that the disclosure did not comply with district policy.
The investigator concluded that the use of restraint was after the student stopped engaging in the behaviors, and the concern that the student might run into the street while in the presence of staff and police was insufficient reason to support a restraint because there was no “imminence” of harm.
The investigator also concluded that police made the decision to place the student in the patrol car, believing it would be a less-restrictive and more comfortable environment for the student. The investigator noted that under the district’s policy, staff must closely monitor the use of restraint and isolation to prevent harm to the student and will use the minimum amount of restraint and isolation appropriate to protect the safety of students and staff. However, in the video, there are intermittent periods when neither police nor staff appeared to be looking into the patrol car, the report says.
The report acknowledged that the level of student physical distress was at a higher level after being placed into the patrol car. Under district policy, if a student exhibits significant physical distress, the restraint/isolation must be reduced immediately.
Other findings
The investigator concluded there was no violation of the district’s Non-Discrimination Policy.
The investigator noted that the decision to call 911 was not predicated on the student’s disability. In addition, comments made were not discriminatory, and there was no evidence that staff engaged in conduct meeting the definition of harassment, intimidation, or bullying.
Steps to improve
Bang-Knudsen said BISD will address the findings in the report “to refine and improve our practices.” The district has already begun making changes by hiring two Student Services directors to increase the special education leadership, and the state Office of the Superintendent of Public Instruction will develop guidance for staff when responding to students who unexpectedly leave campus.
BISD and Bainbridge police have clarified when BISD staff can direct police involvement (especially when there is no imminent harm occurring to students or staff), and BISD has reinstated the Special Education Program Council.
This fall, staff will review of the Student Records and the Family Educational Rights and Privacy Act and learn best practices on Restrain and Isolation from the state school chief’s office.
Staff will participate in scenario-based exercises about off-campus elopement and practice using the incident command structure. It will also learn how to interface with the police department and receive additional professional learning in understanding and supporting students with neurodiversity.
