SB527: Bill Text

SB527,7,16 118.305 (4) (d) Whenever a covered individual or a law enforcement officer uses seclusion or physical restraint on an LEA placed pupil at a private school, the administrator of the private school or his or her designee shall do all of the following:

SB527,7,19 1. As soon as practicable, but no later than one business day after the incident, notify the LEA placed pupil's parent and the local educational agency of the incident and of the availability of the written report under subd. 2.

SB527,7,22 2. Within 2 business days after the incident and after consulting with the covered individuals and any law enforcement officers present during the incident, prepare a written report containing all of the following information:

SB527,7,23 a. The LEA placed pupil's name.

SB527,7,24 b. The date, time, and duration of the use of seclusion or physical restraint.

SB527,8,2 c. A description of the incident, including a description of the actions of the pupil before, during, and after the incident.

SB527,8,4 d. The names and titles of the covered individuals and any law enforcement officers who were present during the incident.

SB527,24 Section 24. 118.305 (4) (e) of the statutes is created to read:

SB527,8,8 118.305 (4) (e) An administrator of a private school or his or her designee shall retain a report prepared under par. (d) 2. and shall within 3 business days of the incident do one of the following:

SB527,8,10 1. Send the report by 1st class mail or by electronic transmission to the LEA placed pupil's parent and to the local educational agency.

SB527,8,12 2. Hand deliver the report to the LEA placed pupil's parent and to the local educational agency.

SB527,25 Section 25 . 118.305 (5) of the statutes is renumbered 118.305 (5) (intro.) and amended to read:

SB527,8,22 118.305 (5) Child with a disability. (intro.) The first 2nd time that seclusion or physical restraint is used on a child with a disability within the same school year, the child's individualized education program team shall convene in the manner provided in s. 115.787 (4) as soon as possible practicable after the incident but no later than 10 school days after the incident. The child's individualized education program team shall review the child's individualized education program and revise it as the individualized education program team determines necessary to ensure that it contains all of the following:

SB527,8,25 (a) The individualized education program includes appropriate positive behavioral interventions and supports and other strategies to address the behavior of concern, as provided in s. 115.787 (2) (i), and revise it if necessary.

SB527,26 Section 26. 118.305 (5) (b) of the statutes is created to read:

SB527,9,5 118.305 (5) (b) That the interventions, supports, and other strategies included in the individualized education program related to a behavior that resulted in the use of seclusion or physical restraint on the child are based on a functional behavioral assessment of that behavior.

SB527,27 Section 27. 118.305 (6) (a) (intro.) of the statutes is amended to read:

SB527,9,9 118.305 (6) (a) (intro.) Except as provided in par. (c), no covered individual may use physical restraint on a pupil at school unless he or she has received training in the use of physical restraint that includes all of the following components:

SB527,28 Section 28. 118.305 (6) (a) 1. of the statutes is repealed.

SB527,29 Section 29. 118.305 (6) (a) 1f. of the statutes is created to read:

SB527,9,14 118.305 (6) (a) 1f. Evidence-based instruction related to positive behavioral supports and interventions, safe physical escort, understanding antecedents, de-escalation, conflict prevention, and conflict management.

SB527,30 Section 30. 118.305 (6) (a) 1m. of the statutes is created to read:

SB527,9,17 118.305 (6) (a) 1m. Evidence-based techniques, including debriefing, that have been shown to prevent or reduce the use of physical restraint.

SB527,31 Section 31 . 118.305 (6) (a) 3. of the statutes is repealed.

SB527,32 Section 32 . 118.305 (6) (a) 6. of the statutes is amended to read:

SB527,9,21 118.305 (6) (a) 6. A requirement that the trainee demonstrate proficiency his or her ability to identify prohibited techniques in administering physical restraint.

SB527,33 Section 33. 118.305 (6) (b) 1. of the statutes is amended to read:

SB527,9,24 118.305 (6) (b) 1. At least one covered individual has received training in the use of physical restraint under par. (a).

SB527,34 Section 34 . 118.305 (6) (c) of the statutes is amended to read:

SB527,10,5 118.305 (6) (c) A covered individual who has not received training in the use of physical restraint under par. (a) may use physical restraint on a pupil at school only in an emergency and only if a covered individual who has received training in the use of physical restraint under par. (a) is not immediately available due to the unforeseen nature of the emergency.

SB527,10,6 (End)