Chapter 118

118.305(2)(b) (b) A covered individual maintains constant supervision of the pupil, either by remaining in the room or area with the pupil or by observing the pupil through a window that allows the covered individual to see the pupil at all times.

118.305(2)(c) (c) The room or area in which the pupil is secluded is free of objects or fixtures that may injure the pupil.

118.305(2)(d) (d) The pupil has adequate access to bathroom facilities, drinking water, necessary medication, and regularly scheduled meals.

118.305(2)(e) (e) The duration of the seclusion is only as long as necessary to resolve the clear, present, and imminent risk to the physical safety of the pupil or others.

118.305(2)(f) (f) No door connecting the room or area in which the pupil is secluded to other rooms or areas is capable of being locked or has a lock on it.

118.305(3) (3) Physical restraint; conditions for use. A covered individual may use physical restraint on a pupil at school only if all of the following apply:

118.305(3)(a) (a) The pupil’s behavior presents a clear, present, and imminent risk to the physical safety of the pupil or others and it is the least restrictive intervention feasible.

118.305(3)(b) (b) There are no medical contraindications to its use.

118.305(3)(c) (c) The degree of force used and the duration of the physical restraint do not exceed the degree and duration that are reasonable and necessary to resolve the clear, present, and imminent risk to the physical safety of the pupil or others.

118.305(3)(d) (d) None of the following maneuvers or techniques are used:

118.305(3)(d)1. 1. Those that do not give adequate attention and care to protecting the pupil’s head.

118.305(3)(d)2. 2. Those that cause chest compression by placing pressure or weight on the pupil’s chest, lungs, sternum, diaphragm, back, or abdomen.

118.305(3)(d)3. 3. Those that place pressure or weight on the pupil’s neck or throat, on an artery, or on the back of the pupil’s head or neck, or that otherwise obstruct the pupil’s circulation or breathing.

118.305(3)(d)4. 4. Those that place the pupil in a prone position.

118.305(3)(e) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1).

118.305(3)(f) (f) The covered individual does not use a mechanical or chemical restraint on the pupil. None of the following constitutes the use of a mechanical restraint:

118.305(3)(f)1. 1. The use of supportive equipment to properly align a pupil’s body, assist a pupil to maintain balance, or assist a pupil’s mobility, under the direction and oversight of appropriate medical or therapeutic staff.

118.305(3)(f)2. 2. The use of vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle.

118.305(4) (4) Notification and reporting following use of seclusion or physical restraint.

118.305(4)(a) (a) Whenever a covered individual or a law enforcement officer uses seclusion or physical restraint on a pupil at school, the school principal or his or her designee shall do all of the following:

118.305(4)(a)1. 1. As soon as practicable, but no later than one business day after the incident, notify the pupil’s parent of the incident and of the availability of the written report under subd. 2.

118.305(4)(a)2. 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:

118.305(4)(a)2.a. a. The pupil’s name.

118.305(4)(a)2.b. b. The date, time, and duration of the use of seclusion or physical restraint.

118.305(4)(a)2.c. c. A description of the incident, including a description of the actions of the pupil before, during, and after the incident.

118.305(4)(a)2.d. d. The names and titles of the covered individuals and any law enforcement officers present during the incident.

118.305(4)(a)3. 3. Meet with the covered individuals who participated in the incident to discuss all of the following:

118.305(4)(a)3.a. a. The events preceding, during, and following the use of the seclusion or physical restraint.

118.305(4)(a)3.b. b. How to prevent the need for seclusion or physical restraint, including the factors that may have contributed to the escalation of behaviors; alternatives to physical restraint, such as de-escalation techniques and possible interventions; and other strategies that the school principal or designee determines are appropriate.

118.305(4)(b) (b) The school principal or his or her designee shall retain a report prepared under par. (a) 2. and shall, within 3 business days of the incident, do one of the following:

118.305(4)(b)1. 1. Send the report to the pupil’s parent by 1st class mail or by electronic transmission.

118.305(4)(b)2. 2. Hand deliver the report to the pupil’s parent.

118.305(4)(c) (c) Annually by October 1, the principal of each school or his or her designee shall submit to the governing body a report containing all of the following:

118.305(4)(c)1. 1. The number of incidents of seclusion in the school during the previous school year.

118.305(4)(c)2. 2. The total number of pupils who were involved in the incidents of seclusion reported under subd. 1.

118.305(4)(c)3. 3. The number of children with disabilities who were involved in the incidents of seclusion reported under subd. 1.

118.305(4)(c)4. 4. The number of incidents of physical restraint in the school during the previous school year.

118.305(4)(c)5. 5. The total number of pupils who were involved in the incidents of physical restraint reported under subd. 4.

118.305(4)(c)6. 6. The number of children with disabilities who were involved in the incidents of physical restraint reported under subd. 4.

118.305(4)(cm) (cm) Annually by December 1, each governing body that receives a report under par. (c) shall submit to the state superintendent a report that contains the information under par. (c) for each school under the governing body’s charge.

118.305(4)(d) (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:

118.305(4)(d)1. 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.

118.305(4)(d)2. 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:

118.305(4)(d)2.a. a. The LEA placed pupil’s name.

118.305(4)(d)2.b. b. The date, time, and duration of the use of seclusion or physical restraint.

118.305(4)(d)2.c. c. A description of the incident, including a description of the actions of the pupil before, during, and after the incident.

118.305(4)(d)2.d. d. The names and titles of the covered individuals and any law enforcement officers who were present during the incident.

118.305(4)(e) (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:

118.305(4)(e)1. 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.

118.305(4)(e)2. 2. Hand deliver the report to the LEA placed pupil’s parent and to the local educational agency.

118.305(5) (5) Child with a disability. The 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 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 all of the following:

118.305(5)(a) (a) The individualized education program includes appropriate positive behavioral interventions and supports and other strategies to address the behavior of concern.

118.305(5)(b) (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.

118.305(6) (6) Physical restraint; training.

118.305(6)(a) (a) 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 that includes all of the following components:

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

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

118.305(6)(a)2. 2. An identification and description of dangerous behavior that may indicate the need for physical restraint and methods of evaluating risk of harm in order to determine whether physical restraint is warranted.

118.305(6)(a)4. 4. Instruction regarding the effects of physical restraint on the person restrained, in monitoring signs of physical distress, and in obtaining medical assistance.

118.305(6)(a)5. 5. Instruction in documenting and reporting incidents of physical restraint.

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

118.305(6)(b) (b) The governing body shall ensure that all of the following apply in each school that it operates in which physical restraint is used:

118.305(6)(b)1. 1. At least one covered individual has received training under par. (a).

118.305(6)(b)2. 2. The school maintains a record of the training received by the covered individual under par. (a), including the period during which the training is considered valid by the entity that trained the covered individual.

118.305(6)(c) (c) A covered individual who has not received training 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 under par. (a) is not immediately available due to the unforeseen nature of the emergency.

118.305(7) (7) Construction. Nothing in this section prohibits a covered individual from doing any of the following at school if the pupil is not confined to an area from which he or she is physically prevented from leaving:

118.305(7)(a) (a) Directing a pupil who is disruptive to temporarily separate himself or herself from the general activity in the classroom to allow the pupil to regain behavioral control and the covered individual to maintain or regain classroom order.

118.305(7)(b) (b) Directing a pupil to temporarily remain in the classroom to complete tasks while other pupils participate in activities outside the classroom.

118.305(7)(c) (c) Briefly touching or holding a pupil’s hand, arm, shoulder, or back to calm, comfort, or redirect the pupil.

118.305 History History: 2011 a. 125; 2013 a. 168 s. 20; 2015 a. 55; 2019 a. 118.

118.31 118.31 Corporal punishment.

118.31(1) (1) In this section, “corporal punishment” means the intentional infliction of physical pain which is used as a means of discipline. “Corporal punishment” includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. “Corporal punishment” does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

118.31(2) (2) Except as provided in sub. (3), no official, employee or agent of a school board may subject a pupil enrolled in the school district to corporal punishment.

118.31(3) (3) Subsection (2) does not prohibit an official, employee or agent of a school board from:

118.31(3)(a) (a) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person.

118.31(3)(b) (b) Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil’s control.

118.31(3)(c) (c) Using reasonable and necessary force for the purpose of self-defense or the defense of others under s. 939.48.

118.31(3)(d) (d) Using reasonable and necessary force for the protection of property under s. 939.49.

118.31(3)(e) (e) Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in s. 125.09 (2) (a) 1. and 4., or from school-sponsored activities.

118.31(3)(f) (f) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself.

118.31(3)(g) (g) Using reasonable and necessary force to protect the safety of others.

118.31(3)(h) (h) Using incidental, minor or reasonable physical contact designed to maintain order and control.

118.31(4) (4) Each school board shall adopt a policy that allows any official, employee or agent of the school board to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employee or agent of a school board.

118.31(5) (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employees or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employees against students.

118.31(6) (6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee or agent of a school board with regard to a person who is not a pupil enrolled in the school district.

118.31(7) (7) Nothing in this section abrogates or restricts any statutory or common law defense to prosecution for any crime.

118.31 History History: 1987 a. 303; 1989 a. 26; 1991 a. 164; 1993 a. 334; 1997 a. 164; 1999 a. 127.

118.31 Note NOTE: 1987 Wis. Act 303, which created this section, has “Legislative findings and purpose” in section 1.

118.32 118.32 Strip search by school employee. Any official, employee or agent of any school or school district is prohibited under s. 948.50 from conducting a strip search of any pupil.