LRB-4463/1
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2019 - 2020 LEGISLATURE
2019 Assembly BILL 585
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.