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 HistoryHistory: 2011 a. 125; 2013 a. 168 s. 20; 2015 a. 55; 2019 a. 118.
118.31118.31Corporal 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.