LRB-4463/1
FFK:klm&wlj
2019 - 2020 LEGISLATURE
November 1, 2019 - Introduced by Representatives Quinn, Considine, Dittrich,
Bowen, Cabrera, Crowley, Doyle, Edming, Felzkowski, Jagler, Kulp,
Milroy, Novak, Ohnstad, Ramthun, Rodriguez, Sargent, Spreitzer, Subeck,
C. Taylor, Tittl, Vruwink, Wittke, Zimmerman and Stubbs, cosponsored by
Senators Olsen, Johnson, Darling, Bewley, Cowles, Kooyenga, Larson,
Schachtner and L. Taylor. Referred to Committee on Education.
AB585,1,10
1An Act to repeal 115.787 (2) (i), 118.305 (6) (a) 1. and 118.305 (6) (a) 3.;
to
2renumber and amend 118.305 (1) (d), 118.305 (3) (f), 118.305 (4) (b) and
3118.305 (5);
to amend 118.305 (1) (f), 118.305 (2) (f), 118.305 (4) (a) (intro.),
4118.305 (4) (a) 2. (intro.), 118.305 (4) (a) 2. d., 118.305 (4) (c) (intro.), 118.305 (4)
5(c) 1., 118.305 (4) (c) 2., 118.305 (6) (a) (intro.), 118.305 (6) (a) 6., 118.305 (6) (b)
61. and 118.305 (6) (c); and
to create 118.305 (1) (d) 2., 118.305 (1) (dm), 118.305
7(1) (ek), 118.305 (1) (em), 118.305 (3) (d) 4., 118.305 (3) (f) 2., 118.305 (4) (a) 3.,
8118.305 (4) (b) 2., 118.305 (4) (c) 3. to 6., 118.305 (4) (cm), 118.305 (4) (d), 118.305
9(4) (e), 118.305 (5) (b), 118.305 (6) (a) 1f. and 118.305 (6) (a) 1m. of the statutes;
10relating to: the seclusion and physical restraint of pupils.
Analysis by the Legislative Reference Bureau
This bill makes changes to the law governing physical restraint and seclusion
of pupils in schools.
Under current law, individuals who work in a public school, including a charter
school, or a private school participating in the Special Needs Scholarship Program
(SNSP school) may only use seclusion or physical restraint on a pupil at school if
certain conditions are met. One of the conditions under current law for using
seclusion is that a door to the room or area in which the pupil is secluded cannot be
capable of being locked. This bill further prohibits such a door from having a lock
on it, even if the door is not capable of being locked. One of the conditions under
current law for using physical restraint is that the individual restraining the pupil
may not use certain maneuvers and techniques. This bill adds maneuvers and
techniques that place the pupil in a prone position to this list of prohibited
maneuvers and techniques. Current law also prohibits the use of mechanical
restraints on a pupil. The bill specifies that the use of vehicle safety restraints while
transporting a pupil in a moving vehicle is not the use of a mechanical restraint.
In addition, under current law, an individual employed by a school (covered
individual) may not use physical restraint on a pupil at a public school or a SNSP
school unless the covered individual has received training that includes specific
components. This bill changes these components of the training by eliminating the
requirements to include 1) methods of preventing the need for physical restraint; 2)
experience in administering and receiving various types of physical restraint; and
3) that the individual demonstrates proficiency in administering physical restraint
and by requiring that the training include 1) evidence-based instruction related to
positive behavior supports and interventions; 2) evidence-based techniques shown
to prevent or reduce the use of physical restraint; and 3) that the individual
demonstrates the ability to identify prohibited techniques in administering physical
restraint.
Current law provides certain notification and reporting requirements
whenever seclusion or physical restraint is used on a pupil at a public school or an
SNSP school. This bill specifies that these notice and reporting requirements apply
whenever a covered individual or law enforcement officer uses seclusion or physical
restraint on a pupil at the school. In addition, the bill requires the school principal
to meet with the covered individuals who participated in the incident to discuss the
events that occurred before, during, and after the use of seclusion or physical
restraint on a pupil, and how to prevent the need for seclusion or physical restraint
in the future.
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:
AB585,1
1Section 1
. 115.787 (2) (i) of the statutes is repealed.
AB585,2
2Section 2
. 118.305 (1) (d) of the statutes is renumbered 118.305 (1) (d) (intro.)
3and amended to read:
AB585,3,54
118.305
(1) (d) (intro.) “Governing body" means the governing body in charge
5of
a any of the following:
AB585,3
7Section 3
. 118.305 (1) (d) 2. of the statutes is created to read:
AB585,3,98
118.305
(1) (d) 2. A private school at which an LEA placed pupil is placed by
9a local educational agency.
AB585,4
10Section 4
. 118.305 (1) (dm) of the statutes is created to read:
AB585,3,1611
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.
AB585,5
17Section 5
. 118.305 (1) (ek) of the statutes is created to read:
AB585,4,1
1118.305
(1) (ek) “LEA placed pupil” means all of the following:
AB585,4,32
1. A pupil placed at a private school by a local educational agency under s.
3118.15 (1) (d) 4. or 119.235.
AB585,4,54
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.
AB585,6
6Section 6
. 118.305 (1) (em) of the statutes is created to read:
AB585,4,87
118.305
(1) (em) “Local educational agency” has the meaning given in s. 115.76
8(10).
AB585,7
9Section
7. 118.305 (1) (f) of the statutes is amended to read:
AB585,4,1210
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.
AB585,8
13Section 8
. 118.305 (2) (f) of the statutes is amended to read:
AB585,4,1514
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.
AB585,9
16Section 9
. 118.305 (3) (d) 4. of the statutes is created to read:
AB585,4,1717
118.305
(3) (d) 4. Those that place the pupil in a prone position.
AB585,10
18Section 10
. 118.305 (3) (f) of the statutes is renumbered 118.305 (3) (f) (intro.)
19and amended to read:
AB585,4,2220
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:
AB585,5,2
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 restraint.
AB585,11
3Section 11
. 118.305 (3) (f) 2. of the statutes is created to read:
AB585,5,54
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.
AB585,12
6Section
12. 118.305 (4) (a) (intro.) of the statutes is amended to read:
AB585,5,97
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:
AB585,13
10Section
13. 118.305 (4) (a) 2. (intro.) of the statutes is amended to read:
AB585,5,1411
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:
AB585,14
15Section
14. 118.305 (4) (a) 2. d. of the statutes is amended to read:
AB585,5,1716
118.305
(4) (a) 2. d. The names and titles of the covered individuals
and any
17law enforcement officers present during the incident.
AB585,15
18Section 15
. 118.305 (4) (a) 3. of the statutes is created to read:
AB585,5,2019
118.305
(4) (a) 3. Meet with the covered individuals who participated in the
20incident to discuss all of the following:
AB585,5,2221
a. The events preceding, during, and following the use of the seclusion or
22physical restraint.
AB585,6,223
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.
AB585,16
3Section 16
. 118.305 (4) (b) of the statutes is renumbered 118.305 (4) (b) (intro.)
4and amended to read:
AB585,6,85
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:
AB585,6,10
91. Send the report to the pupil's parent
within 3 business days of the incident 10by 1st class mail or by electronic transmission.
AB585,17
11Section 17
. 118.305 (4) (b) 2. of the statutes is created to read:
AB585,6,1212
118.305
(4) (b) 2. Hand deliver the report to the pupil's parent.
AB585,18
13Section 18
. 118.305 (4) (c) (intro.) of the statutes is amended to read:
AB585,6,1614
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:
AB585,19
17Section 19
. 118.305 (4) (c) 1. of the statutes is amended to read:
AB585,6,1918
118.305
(4) (c) 1. The number of incidents of seclusion
and of physical restraint 19in the school during the previous school year.
AB585,20
20Section 20
. 118.305 (4) (c) 2. of the statutes is amended to read:
AB585,6,2321
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.
AB585,21
24Section 21
. 118.305 (4) (c) 3. to 6. of the statutes are created to read:
AB585,7,2
1118.305
(4) (c) 3. The number of children with disabilities who were involved
2in the incidents of seclusion reported under subd. 1.
AB585,7,43
4. The number of incidents of physical restraint in the school during the
4previous school year.
AB585,7,65
5. The total number of pupils who were involved in the incidents of physical
6restraint reported under subd. 4.
AB585,7,87
6. The number of children with disabilities who were involved in the incidents
8of physical restraint reported under subd. 4.
AB585,22
9Section 22
. 118.305 (4) (cm) of the statutes is created to read:
AB585,7,1210
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.
AB585,23
13Section
23. 118.305 (4) (d) of the statutes is created to read:
AB585,7,1614
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:
AB585,7,1917
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.
AB585,7,2220
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:
AB585,7,2323
a. The LEA placed pupil's name.
AB585,7,2424
b. The date, time, and duration of the use of seclusion or physical restraint.