Feed for /2011/related/acts/125 PDF
Date of enactment: March 19, 2012
2011 Senate Bill 353 Date of publication*: April 2, 2012
* Section 991.11, Wisconsin Statutes 2009-10 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2011 WISCONSIN ACT 125
An Act to create 115.787 (2) (i) and 118.305 of the statutes; relating to: the use of seclusion and physical restraint on pupils in public schools.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
125,1 Section 1. 115.787 (2) (i) of the statutes is created to read:
115.787 (2) (i) If the individualized education program team determines that the use of seclusion, as defined in s. 118.305 (1) (i), or physical restraint, as defined in s. 118.305 (1) (g), may reasonably be anticipated for the child, appropriate positive interventions and supports and other strategies that address the behavior of concern and that comply with all of the following:
1. The interventions, supports, and other strategies are based upon a functional behavior assessment of the behavior of concern.
2. The interventions, supports, and other strategies incorporate the use of the term "seclusion" or "physical restraint."
3. The interventions, supports, and other strategies include positive behavioral supports.
125,2 Section 2. 118.305 of the statutes is created to read:
118.305 Use of seclusion and physical restraint. (1) Definitions. In this section:
(a) "Child" has the meaning given in s. 115.76 (3).
(b) "Child with a disability" has the meaning given in s. 115.76 (5).
(c) 1. "Covered individual" means all of the following, except as provided in subd. 2.:
a. An individual who is employed by a governing body, or under contract with a governing body as an independent contractor, to provide services for the benefit of the school governed by the governing body.
b. An individual who is employed by a person under contract with a governing body to provide services for the benefit of the school governed by the governing body.
c. An individual who is engaged in student teaching under the supervision of an individual described in subd. 1. a.
2. "Covered individual" does not include any of the following:
a. A member of a governing body.
b. A law enforcement officer who is authorized or designated by a governing body to perform any duty under s. 118.125 (1) (bL) 1. or 2. in a school governed by the governing body.
(d) "Governing body" means the governing body in charge of a school.
(c) "Individualized education program" has the meaning given in s. 115.76 (9).
(f) "Parent" has the meaning given in s. 115.76 (12).
(g) "Physical restraint" means a restriction that immobilizes or reduces the ability of a pupil to freely move his or her torso, arms, legs, or head.
(h) "School" means a public school, including a charter school.
(i) "Seclusion" means the involuntary confinement of a pupil, apart from other pupils, in a room or area from which the pupil is physically prevented from leaving.
(2) Seclusion; conditions for use. A covered individual may use seclusion on a pupil at school only if all of the following apply:
(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.
(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.
(c) The room or area in which the pupil is secluded is free of objects or fixtures that may injure the pupil.
(d) The pupil has adequate access to bathroom facilities, drinking water, necessary medication, and regularly scheduled meals.
(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.
(f) No door connecting the room or area in which the pupil is secluded to other rooms or areas is capable of being locked.
(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:
(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.
(b) There are no medical contraindications to its use.
(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.
(d) None of the following maneuvers or techniques are used:
1. Those that do not give adequate attention and care to protecting the pupil's head.
2. Those that cause chest compression by placing pressure or weight on the pupil's chest, lungs, sternum, diaphragm, back, or abdomen.
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.
(e) It does not constitute corporal punishment, as defined in s. 118.31 (1).
(f) The covered individual does not use a mechanical or chemical restraint on the pupil. 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, does not constitute the use of a mechanical restraint.
(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.
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