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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:
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25Section
12. 118.305 (4) (a) 2. (intro.) of the statutes is amended to read:
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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:
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5Section
13. 118.305 (4) (a) 2. d. of the statutes is amended to read:
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118.305
(4) (a) 2. d. The names and titles of the covered individuals
and any
7law enforcement officers present during the incident.
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8Section 14
. 118.305 (4) (a) 3. of the statutes is created to read:
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118.305
(4) (a) 3. Meet with the covered individuals who participated in the
10incident to discuss all of the following:
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a. The events preceding, during, and following the use of the seclusion or
12physical restraint.
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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.
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17Section 15
. 118.305 (4) (b) of the statutes is renumbered 118.305 (4) (b) (intro.)
18and amended to read:
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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:
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231. Send the report to the pupil's parent
within 3 business days of the incident 24by 1st class mail or by electronic transmission.
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25Section 16
. 118.305 (4) (b) 2. of the statutes is created to read:
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1118.305
(4) (b) 2. Hand deliver the report to the pupil's parent.
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2Section
17. 118.305 (4) (c) (intro.) of the statutes is amended to read:
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118.305
(4) (c) (intro.) Annually by
September 1 the deadline for reporting
4information to the department under s. 115.38 (1), the principal of each school or his
5or her designee shall submit to the governing body
and the state superintendent a
6report containing all of the following:
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7Section 18
. 118.305 (4) (c) 1. of the statutes is amended to read:
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118.305
(4) (c) 1. The number of incidents of seclusion
and of physical restraint 9in the school during the previous school year.
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10Section 19
. 118.305 (4) (c) 2. of the statutes is amended to read:
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118.305
(4) (c) 2. The total number of pupils who were involved in the incidents
12and the number of children with disabilities who were involved in the incidents. of
13seclusion reported under subd. 1.
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14Section 20
. 118.305 (4) (c) 3. to 6. of the statutes are created to read:
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118.305
(4) (c) 3. The number of children with disabilities who were involved
16in the incidents of seclusion reported under subd. 1.
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4. The number of incidents of physical restraint in the school during the
18previous school year.
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5. The total number of pupils who were involved in the incidents of physical
20restraint reported under subd. 4.
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6. The number of children with disabilities who were involved in the incidents
22of physical restraint reported under subd. 4.
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23Section
21. 118.305 (4) (d) of the statutes is created to read:
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1118.305
(4) (d) Whenever a covered individual or a law enforcement officer uses
2seclusion or physical restraint on an LEA placed pupil at a private school, the
3administrator of the private school or his or her designee shall do all of the following:
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1. As soon as practicable, but no later than one business day after the incident,
5notify the LEA placed pupil's parent and the local educational agency of the incident
6and of the availability of the written report under subd. 2.
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2. Within 2 business days after the incident and after consulting with the
8covered individuals and any law enforcement officers present during the incident,
9prepare a written report containing all of the following information:
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a. The LEA placed pupil's name.
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b. The date, time, and duration of the use of seclusion or physical restraint.
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c. A description of the incident, including a description of the actions of the
13pupil before, during, and after the incident.
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d. The names and titles of the covered individuals and any law enforcement
15officers who were present during the incident.
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16Section
22. 118.305 (4) (e) of the statutes is created to read:
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118.305
(4) (e) An administrator of a private school or his or her designee shall
18retain a report prepared under par. (d) 2. and shall within 3 business days of the
19incident do one of the following:
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1. Send the report by 1st class mail or by electronic transmission to the LEA
21placed pupil's parent and to the local educational agency.
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2. Hand deliver the report to the LEA placed pupil's parent and to the local
23educational agency.
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24Section 23
. 118.305 (5) of the statutes is renumbered 118.305 (5) (intro.) and
25amended to read:
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1118.305
(5) Child with a disability. (intro.) The
first 2nd time that seclusion
2or physical restraint is used on a child with a disability
within the same school year,
3the child's individualized education program team shall convene in the manner
4provided in s. 115.787 (4) as soon as
possible
practicable after the incident
but no
5later than 10 school days after the incident. The child's individualized education
6program team shall review the child's individualized education program
and revise
7it as the individualized education program team determines necessary to ensure
that
8it contains all of the following:
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9(a) The individualized education program includes appropriate positive
10behavioral interventions and supports and other strategies to address the behavior
11of concern
, as provided in s. 115.787 (2) (i), and revise it if necessary.
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12Section 24
. 118.305 (5) (b) of the statutes is created to read:
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118.305
(5) (b) That the interventions, supports, and other strategies included
14in the individualized education program related to a behavior that resulted in the use
15of seclusion or physical restraint on the child are based on a functional behavioral
16assessment of that behavior.
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17Section
25. 118.305 (6) (a) (intro.) of the statutes is amended to read:
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118.305
(6) (a) (intro.) Except as provided in par. (c), no covered individual may
19use physical restraint on a pupil at school unless he or she has received training
in
20the use of physical restraint that includes all of the following components:
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21Section
26. 118.305 (6) (a) 1. of the statutes is repealed.
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22Section
27. 118.305 (6) (a) 1f. of the statutes is created to read:
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118.305
(6) (a) 1f. Evidence-based instruction related to positive behavioral
24supports and interventions, safe physical escort, understanding antecedents,
25de-escalation, conflict prevention, and conflict management.
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1Section
28. 118.305 (6) (a) 1m. of the statutes is created to read:
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118.305
(6) (a) 1m. Evidence-based techniques, including debriefing, that have
3been shown to prevent or reduce the use of physical restraint.
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4Section 29
. 118.305 (6) (a) 3. of the statutes is repealed.
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5Section 30
. 118.305 (6) (a) 6. of the statutes is amended to read:
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118.305
(6) (a) 6. A requirement that the trainee demonstrate
proficiency his
7or her ability to identify prohibited techniques in administering physical restraint.
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8Section
31. 118.305 (6) (b) 1. of the statutes is amended to read:
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118.305
(6) (b) 1. At least one covered individual has received training
in the
10use of physical restraint under par. (a).
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11Section 32
. 118.305 (6) (c) of the statutes is amended to read:
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118.305
(6) (c) A covered individual who has not received training
in the use
13of physical restraint under par. (a) may use physical restraint on a pupil at school
14only in an emergency and only if a covered individual who has received training
in
15the use of physical restraint under par. (a) is not immediately available due to the
16unforeseen nature of the emergency.