LRB-5591/1
FFK:jld&amn
2017 - 2018 LEGISLATURE
March 22, 2018 - Introduced by Representatives Quinn, Considine, Berceau,
Brostoff, Crowley, Kooyenga, Pope, Sargent, Subeck, C. Taylor, Tittl,
Rodriguez and Felzkowski, cosponsored by Senators Olsen,
Johnson,
Bewley, Cowles, Darling and L. Taylor. Referred to Committee on
Education.
AB1048,1,10
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 (4) (b) and 118.305 (5);
to
3amend 118.305 (1) (f), 118.305 (2) (f), 118.305 (4) (a) (intro.), 118.305 (4) (a) 2.
4(intro.), 118.305 (4) (a) 2. d., 118.305 (4) (c) (intro.), 118.305 (4) (c) 1., 118.305 (4)
5(c) 2., 118.305 (6) (a) (intro.), 118.305 (6) (a) 6., 118.305 (6) (b) 1. and 118.305 (6)
6(c); and
to create 115.38 (1) (f), 118.305 (1) (d) 2., 118.305 (1) (dm), 118.305 (1)
7(ek), 118.305 (1) (em), 118.305 (3) (d) 4., 118.305 (4) (a) 3., 118.305 (4) (b) 2.,
8118.305 (4) (c) 3. to 6., 118.305 (4) (d), 118.305 (4) (e), 118.305 (5) (b), 118.305 (6)
9(a) 1f. and 118.305 (6) (a) 1m. of the statutes;
relating to: the seclusion and
10physical 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 connecting 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.
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, a principal of a public school, SNSP school, or private school at which an LEA
placed pupil is placed must report data about incidents of seclusion and physical
restraint to the governing body of the school and to the Department of Public
Instruction. Additionally, under the bill, the principal's report must 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. Under the bill, DPI must include the information reported by principals
on incidents of seclusion and physical restraint in the annual school and school
district performance report.
Finally, under current law, the first time seclusion or physical restraint is used
on a child with a disability, the child's Individualized Education Program team must
convene as soon as possible and review the child's IEP to ensure that it contains
appropriate interventions and supports to address the behavior of concern. Under
the bill, a child's IEP team is required to meet to review the child's IEP as soon as
practicable but no later than ten school days after the second time seclusion or
physical restraint is used on the child within the same school year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1048,1
1Section
1. 115.38 (1) (f) of the statutes is created to read:
AB1048,3,22
115.38
(1) (f) Information reported under s. 118.305 (4) (c).
AB1048,2
3Section
2. 115.787 (2) (i) of the statutes is repealed.
AB1048,3
4Section
3. 118.305 (1) (d) of the statutes is renumbered 118.305 (1) (d) (intro.)
5and amended to read:
AB1048,3,76
118.305
(1) (d) (intro.) “Governing body" means the governing body in charge
7of
a any of the following:
AB1048,4
9Section
4. 118.305 (1) (d) 2. of the statutes is created to read:
AB1048,3,1110
118.305
(1) (d) 2. A private school at which an LEA placed pupil is placed by
11a local educational agency.
AB1048,5
12Section
5. 118.305 (1) (dm) of the statutes is created to read:
AB1048,4,213
118.305
(1) (dm) “Incident” means an occurrence of a covered individual or a
14law enforcement officer using seclusion or physical restraint on a pupil. It is
15considered one incident if immediately following the use of seclusion or physical
16restraint on a pupil, the pupil's behavior presents a clear, present, and imminent risk
1to the physical safety of the pupil or others, and a covered individual or law
2enforcement officer resumes the use of seclusion or physical restraint.
AB1048,6
3Section
6. 118.305 (1) (ek) of the statutes is created to read:
AB1048,4,44
118.305
(1) (ek) “LEA placed pupil” means all of the following:
AB1048,4,65
1. A pupil placed at a private school by a local educational agency under s.
6118.15 (1) (d) 4. or 119.235.
AB1048,4,87
2. A child with a disability placed at a private school by a local educational
8agency to satisfy the requirements under subch. V of ch. 115 or applicable federal law.
AB1048,7
9Section
7. 118.305 (1) (em) of the statutes is created to read:
AB1048,4,1110
118.305
(1) (em) “Local educational agency” has the meaning given in s. 115.76
11(10).
AB1048,8
12Section
8. 118.305 (1) (f) of the statutes is amended to read:
AB1048,4,1513
118.305
(1) (f) “Parent"
has the meaning given in s. 115.76 (12) means a parent
14of a pupil, including a natural parent, a guardian, or an individual acting as a parent
15in the absence of a parent or guardian.
AB1048,9
16Section
9. 118.305 (2) (f) of the statutes is amended to read:
AB1048,4,1817
118.305
(2) (f) No door connecting the room or area in which the pupil is
18secluded to other rooms or areas is capable of being locked
or has a lock on it.
AB1048,10
19Section
10. 118.305 (3) (d) 4. of the statutes is created to read:
AB1048,4,2020
118.305
(3) (d) 4. Those that place the pupil in a prone position.
AB1048,11
21Section
11. 118.305 (4) (a) (intro.) of the statutes is amended to read:
AB1048,4,2422
118.305
(4) (a) (intro.) Whenever
a covered individual or a law enforcement
23officer uses seclusion or physical restraint
is used on a pupil at school, the school
24principal or his or her designee shall do all of the following:
AB1048,12
25Section
12. 118.305 (4) (a) 2. (intro.) of the statutes is amended to read:
AB1048,5,4
1118.305
(4) (a) 2. (intro.) Within 2 business days after the incident and after
2consulting with the covered individuals
and any law enforcement officers present
3during the incident, prepare a written report containing all of the following
4information:
AB1048,13
5Section
13. 118.305 (4) (a) 2. d. of the statutes is amended to read:
AB1048,5,76
118.305
(4) (a) 2. d. The names and titles of the covered individuals
and any
7law enforcement officers present during the incident.
AB1048,14
8Section
14. 118.305 (4) (a) 3. of the statutes is created to read:
AB1048,5,109
118.305
(4) (a) 3. Meet with the covered individuals who participated in the
10incident to discuss all of the following:
AB1048,5,1211
a. The events preceding, during, and following the use of the seclusion or
12physical restraint.
AB1048,5,1613
b. How to prevent the need for seclusion or physical restraint, including the
14factors that may have contributed to the escalation of behaviors; alternatives to
15physical restraint, such as de-escalation techniques and possible interventions; and
16other strategies that the school principal or designee determines are appropriate.
AB1048,15
17Section
15. 118.305 (4) (b) of the statutes is renumbered 118.305 (4) (b) (intro.)
18and amended to read:
AB1048,5,2219
118.305
(4) (b) (intro.)
Each
The school principal or his or her designee shall
20retain a report prepared under par. (a) 2.
shall be retained by the school and
made
21available for review by shall within 3 business days of the incident do one of the
22following:
AB1048,5,24
231. Send the report to the pupil's parent
within 3 business days of the incident 24by 1st class mail or by electronic transmission.
AB1048,16
25Section
16. 118.305 (4) (b) 2. of the statutes is created to read:
AB1048,6,1
1118.305
(4) (b) 2. Hand deliver the report to the pupil's parent.
AB1048,17
2Section
17. 118.305 (4) (c) (intro.) of the statutes is amended to read: