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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.
SB527,10,66 (End)
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