This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
The bill also creates similar notice, reporting, and debriefing requirements that
apply whenever a covered individual or law enforcement officer uses seclusion or
physical restraint on an LEA placed pupil at a private school. Under the bill, an “LEA
placed pupil” is a pupil who is placed by a local educational agency at a private school
to satisfy state or federal special education law or under a contractual agreement
that requires the pupil's resident school district to pay the pupil's tuition at the
private school.
Under current law, a principal of a public school or a SNSP school must
annually report to the school's governing body the number of incidents of seclusion
and physical restraint and the total number of pupils involved in the incident. Under
the bill, the governing body must then report the data about incidents of seclusion
and physical restraint at each of its schools to the Department of Public Instruction.
The bill also requires that the report provide data about incidents of seclusion

separately from incidents of physical restraint and must include the total number
of children with disabilities who were involved in each type of incident.
Finally, under current law, the first time seclusion or physical restraint is used
on a child with a disability, the child's Individualized Education Program team must
convene as soon as possible and review the child's IEP to ensure that it contains
appropriate interventions and supports to address the behavior of concern. Under
the bill, a child's IEP team is required to meet to review the child's IEP as soon as
practicable but no later than ten school days after the second time seclusion or
physical restraint is used on the child within the same school year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB527,1 1Section 1 . 115.787 (2) (i) of the statutes is repealed.
SB527,2 2Section 2 . 118.305 (1) (d) of the statutes is renumbered 118.305 (1) (d) (intro.)
3and amended to read:
SB527,3,54 118.305 (1) (d) (intro.) “Governing body" means the governing body in charge
5of a any of the following:
SB527,3,6 61. A school.
SB527,3 7Section 3 . 118.305 (1) (d) 2. of the statutes is created to read:
SB527,3,98 118.305 (1) (d) 2. A private school at which an LEA placed pupil is placed by
9a local educational agency.
SB527,4 10Section 4 . 118.305 (1) (dm) of the statutes is created to read:
SB527,3,1611 118.305 (1) (dm) “Incident” means an occurrence of a covered individual or a
12law enforcement officer using seclusion or physical restraint on a pupil. It is
13considered one incident if immediately following the use of seclusion or physical
14restraint on a pupil, the pupil's behavior presents a clear, present, and imminent risk
15to the physical safety of the pupil or others, and a covered individual or law
16enforcement officer resumes the use of seclusion or physical restraint.
SB527,5 17Section 5 . 118.305 (1) (ek) of the statutes is created to read:
SB527,4,1
1118.305 (1) (ek) “LEA placed pupil” means all of the following:
SB527,4,32 1. A pupil placed at a private school by a local educational agency under s.
3118.15 (1) (d) 4. or 119.235.
SB527,4,54 2. A child with a disability placed at a private school by a local educational
5agency to satisfy the requirements under subch. V of ch. 115 or applicable federal law.
SB527,6 6Section 6 . 118.305 (1) (em) of the statutes is created to read:
SB527,4,87 118.305 (1) (em) “Local educational agency” has the meaning given in s. 115.76
8(10).
SB527,7 9Section 7. 118.305 (1) (f) of the statutes is amended to read:
SB527,4,1210 118.305 (1) (f) “Parent" has the meaning given in s. 115.76 (12) means a parent
11of a pupil, including a natural parent, a guardian, or an individual acting as a parent
12in the absence of a parent or guardian
.
SB527,8 13Section 8 . 118.305 (2) (f) of the statutes is amended to read:
SB527,4,1514 118.305 (2) (f) No door connecting the room or area in which the pupil is
15secluded to other rooms or areas is capable of being locked or has a lock on it.
SB527,9 16Section 9 . 118.305 (3) (d) 4. of the statutes is created to read:
SB527,4,1717 118.305 (3) (d) 4. Those that place the pupil in a prone position.
SB527,10 18Section 10 . 118.305 (3) (f) of the statutes is renumbered 118.305 (3) (f) (intro.)
19and amended to read:
SB527,4,2220 118.305 (3) (f) (intro.) The covered individual does not use a mechanical or
21chemical restraint on the pupil. The None of the following constitutes the use of a
22mechanical restraint:
SB527,5,2 231. The use of supportive equipment to properly align a pupil's body, assist a
24pupil to maintain balance, or assist a pupil's mobility, under the direction and

1oversight of appropriate medical or therapeutic staff, does not constitute the use of
2a mechanical restrain
t.
SB527,11 3Section 11 . 118.305 (3) (f) 2. of the statutes is created to read:
SB527,5,54 118.305 (3) (f) 2. The use of vehicle safety restraints when used as intended
5during the transport of a pupil in a moving vehicle.
SB527,12 6Section 12. 118.305 (4) (a) (intro.) of the statutes is amended to read:
SB527,5,97 118.305 (4) (a) (intro.) Whenever a covered individual or a law enforcement
8officer uses
seclusion or physical restraint is used on a pupil at school, the school
9principal or his or her designee shall do all of the following:
SB527,13 10Section 13. 118.305 (4) (a) 2. (intro.) of the statutes is amended to read:
SB527,5,1411 118.305 (4) (a) 2. (intro.) Within 2 business days after the incident and after
12consulting with the covered individuals and any law enforcement officers present
13during the incident, prepare a written report containing all of the following
14information:
SB527,14 15Section 14. 118.305 (4) (a) 2. d. of the statutes is amended to read:
SB527,5,1716 118.305 (4) (a) 2. d. The names and titles of the covered individuals and any
17law enforcement officers
present during the incident.
SB527,15 18Section 15 . 118.305 (4) (a) 3. of the statutes is created to read:
SB527,5,2019 118.305 (4) (a) 3. Meet with the covered individuals who participated in the
20incident to discuss all of the following:
SB527,5,2221 a. The events preceding, during, and following the use of the seclusion or
22physical restraint.
SB527,6,223 b. How to prevent the need for seclusion or physical restraint, including the
24factors that may have contributed to the escalation of behaviors; alternatives to

1physical restraint, such as de-escalation techniques and possible interventions; and
2other strategies that the school principal or designee determines are appropriate.
SB527,16 3Section 16 . 118.305 (4) (b) of the statutes is renumbered 118.305 (4) (b) (intro.)
4and amended to read:
SB527,6,85 118.305 (4) (b) (intro.) Each The school principal or his or her designee shall
6retain a
report prepared under par. (a) 2. shall be retained by the school and made
7available for review by
shall, within 3 business days of the incident, do one of the
8following:
SB527,6,10 91. Send the report to the pupil's parent within 3 business days of the incident
10by 1st class mail or by electronic transmission.
SB527,17 11Section 17 . 118.305 (4) (b) 2. of the statutes is created to read:
SB527,6,1212 118.305 (4) (b) 2. Hand deliver the report to the pupil's parent.
SB527,18 13Section 18 . 118.305 (4) (c) (intro.) of the statutes is amended to read:
SB527,6,1614 118.305 (4) (c) (intro.) Annually by September October 1, the principal of each
15school or his or her designee shall submit to the governing body a report containing
16all of the following:
SB527,19 17Section 19 . 118.305 (4) (c) 1. of the statutes is amended to read:
SB527,6,1918 118.305 (4) (c) 1. The number of incidents of seclusion and of physical restraint
19in the school during the previous school year.
SB527,20 20Section 20 . 118.305 (4) (c) 2. of the statutes is amended to read:
SB527,6,2321 118.305 (4) (c) 2. The total number of pupils who were involved in the incidents
22and the number of children with disabilities who were involved in the incidents. of
23seclusion reported under subd. 1.
SB527,21 24Section 21 . 118.305 (4) (c) 3. to 6. of the statutes are created to read:
SB527,7,2
1118.305 (4) (c) 3. The number of children with disabilities who were involved
2in the incidents of seclusion reported under subd. 1.
SB527,7,43 4. The number of incidents of physical restraint in the school during the
4previous school year.
SB527,7,65 5. The total number of pupils who were involved in the incidents of physical
6restraint reported under subd. 4.
SB527,7,87 6. The number of children with disabilities who were involved in the incidents
8of physical restraint reported under subd. 4.
SB527,22 9Section 22 . 118.305 (4) (cm) of the statutes is created to read:
SB527,7,1210 118.305 (4) (cm) Annually by December 1, each governing body that receives
11a report under par. (c) shall submit to the state superintendent a report that contains
12the information under par. (c) for each school under the governing body's charge.
SB527,23 13Section 23. 118.305 (4) (d) of the statutes is created to read:
SB527,7,1614 118.305 (4) (d) Whenever a covered individual or a law enforcement officer uses
15seclusion or physical restraint on an LEA placed pupil at a private school, the
16administrator of the private school or his or her designee shall do all of the following:
SB527,7,1917 1. As soon as practicable, but no later than one business day after the incident,
18notify the LEA placed pupil's parent and the local educational agency of the incident
19and of the availability of the written report under subd. 2.
SB527,7,2220 2. Within 2 business days after the incident and after consulting with the
21covered individuals and any law enforcement officers present during the incident,
22prepare a written report containing all of the following information:
SB527,7,2323 a. The LEA placed pupil's name.
SB527,7,2424 b. The date, time, and duration of the use of seclusion or physical restraint.
SB527,8,2
1c. A description of the incident, including a description of the actions of the
2pupil before, during, and after the incident.
SB527,8,43 d. The names and titles of the covered individuals and any law enforcement
4officers who were present during the incident.
SB527,24 5Section 24. 118.305 (4) (e) of the statutes is created to read:
SB527,8,86 118.305 (4) (e) An administrator of a private school or his or her designee shall
7retain a report prepared under par. (d) 2. and shall within 3 business days of the
8incident do one of the following:
SB527,8,109 1. Send the report by 1st class mail or by electronic transmission to the LEA
10placed pupil's parent and to the local educational agency.
SB527,8,1211 2. Hand deliver the report to the LEA placed pupil's parent and to the local
12educational agency.
SB527,25 13Section 25 . 118.305 (5) of the statutes is renumbered 118.305 (5) (intro.) and
14amended to read:
SB527,8,2215 118.305 (5) Child with a disability. (intro.) The first 2nd time that seclusion
16or physical restraint is used on a child with a disability within the same school year,
17the child's individualized education program team shall convene in the manner
18provided in s. 115.787 (4) as soon as possible practicable after the incident but no
19later than 10 school days after the incident
. The child's individualized education
20program team shall review the child's individualized education program and revise
21it as the individualized education program team determines necessary
to ensure that
22it contains
all of the following:
SB527,8,25 23(a) The individualized education program includes appropriate positive
24behavioral interventions and supports and other strategies to address the behavior
25of concern, as provided in s. 115.787 (2) (i), and revise it if necessary.
SB527,26
1Section 26. 118.305 (5) (b) of the statutes is created to read:
SB527,9,52 118.305 (5) (b) That the interventions, supports, and other strategies included
3in the individualized education program related to a behavior that resulted in the use
4of seclusion or physical restraint on the child are based on a functional behavioral
5assessment of that behavior.
SB527,27 6Section 27. 118.305 (6) (a) (intro.) of the statutes is amended to read:
SB527,9,97 118.305 (6) (a) (intro.) Except as provided in par. (c), no covered individual may
8use physical restraint on a pupil at school unless he or she has received training in
9the use of physical restraint
that includes all of the following components:
SB527,28 10Section 28. 118.305 (6) (a) 1. of the statutes is repealed.
SB527,29 11Section 29. 118.305 (6) (a) 1f. of the statutes is created to read:
SB527,9,1412 118.305 (6) (a) 1f. Evidence-based instruction related to positive behavioral
13supports and interventions, safe physical escort, understanding antecedents,
14de-escalation, conflict prevention, and conflict management.
SB527,30 15Section 30. 118.305 (6) (a) 1m. of the statutes is created to read:
SB527,9,1716 118.305 (6) (a) 1m. Evidence-based techniques, including debriefing, that have
17been shown to prevent or reduce the use of physical restraint.
SB527,31 18Section 31 . 118.305 (6) (a) 3. of the statutes is repealed.
SB527,32 19Section 32 . 118.305 (6) (a) 6. of the statutes is amended to read:
SB527,9,2120 118.305 (6) (a) 6. A requirement that the trainee demonstrate proficiency his
21or her ability to identify prohibited techniques
in administering physical restraint.
SB527,33 22Section 33. 118.305 (6) (b) 1. of the statutes is amended to read:
SB527,9,2423 118.305 (6) (b) 1. At least one covered individual has received training in the
24use of physical restraint
under par. (a).
SB527,34 25Section 34 . 118.305 (6) (c) of the statutes is amended to read:
SB527,10,5
1118.305 (6) (c) A covered individual who has not received training in the use
2of physical restraint
under par. (a) may use physical restraint on a pupil at school
3only in an emergency and only if a covered individual who has received training in
4the use of physical restraint
under par. (a) is not immediately available due to the
5unforeseen nature of the emergency.
Loading...
Loading...