(4) Notification and reporting following use of seclusion or physical restraint. (a) Whenever seclusion or physical restraint is used on a pupil at school, the school principal or his or her designee shall do all of the following:
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.
2. Within 2 business days after the incident and after consulting with the covered individuals present during the incident, prepare a written report containing all of the following information:
a. The pupil's name.
b. The date, time, and duration of the use of seclusion or physical restraint.
c. A description of the incident, including a description of the actions of the pupil before, during, and after the incident.
d. The names and titles of the covered individuals present during the incident.
(b) Each report prepared under par. (a) 2. shall be retained by the school and made available for review by the pupil's parent within 3 business days of the incident.
(c) Annually by September 1, the principal of each school or his or her designee shall submit to the governing body a report containing all of the following:
1. The number of incidents of seclusion and of physical restraint in the school during the previous school year.
2. The total number of pupils who were involved in the incidents and the number of children with disabilities who were involved in the incidents.
(5) Child with a disability. The first time that seclusion or physical restraint is used on a child with a disability, the child's individualized education program team shall convene in the manner provided in s. 115.787 (4) as soon as possible after the incident. The child's individualized education program team shall review the child's individualized education program to ensure that it contains 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.
(6) Physical restraint; training. (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 in the use of physical restraint that includes all of the following components:
1. Methods of preventing the need for physical restraint.
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.
3. Experience in administering and receiving various types of physical restraint.
4. Instruction regarding the effects of physical restraint on the person restrained, in monitoring signs of physical distress, and in obtaining medical assistance.
5. Instruction in documenting and reporting incidents of physical restraint.
6. A requirement that the trainee demonstrate proficiency in administering physical restraint.
(b) The governing body shall ensure that all of the following apply in each school that it operates in which physical restraint is used:
1. At least one covered individual has received training in the use of physical restraint under par. (a).
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.
(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.
(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:
(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.
(b) Directing a pupil to temporarily remain in the classroom to complete tasks while other pupils participate in activities outside the classroom.
(c) Briefly touching or holding a pupil's hand, arm, shoulder, or back to calm, comfort, or redirect the pupil.
125,3
Section
3.
Effective date.
(1) This act takes effect on September 1, 2012.
