Amendment SSA1-SB468

SB468-SSA1,6,20 2. The name of the school employees present before, during, and after the occurrence.

SB468-SSA1,6,21 3. The number of occurrences involving a child with a disability.

SB468-SSA1,6,23 4. The duration of the use of physical restraint for each occurrence involving the use of physical restraint.

SB468-SSA1,6,25 5. The number of timeouts for which a report was required and the duration of each such timeout.

SB468-SSA1,6,26 6. The number and a description of any injuries related to each occurrence.

SB468-SSA1,7,3 7. Evidence that the parent of each pupil on whom physical restraint or timeout was used was notified as required under this subsection.

SB468-SSA1,7,13 (6) Procedures for review of use of physical restraint and timeout. (a) Each school district, each local educational agency, each operator of a charter school, the governing body of each private school in which a child with a disability is enrolled as provided in s. 115.77 (1m) (d), each county children with disabilities education board that operates a school, and the governing body of each private school participating in the program under s. 119.23 shall establish a procedure for reviewing each occurrence identified in sub. (5) (a). The parent of a pupil on whom physical restraint or timeout was used shall be notified in writing of the date, time, and location of the review at least 10 days before the review is to be held and invited to attend the review.

SB468-SSA1,7,18 (b) A review conducted under this subsection shall be attended by the school principal or his or her designee or the school special education director, by school employees involved in the occurrence, and by other persons identified by the school principal or his or her designee or the school special education director. The review shall include all of the following:

SB468-SSA1,7,21 1. The review by school employees involved in the occurrence of the circumstances before, during, and after the use of physical restraint or timeout to determine all of the following:

SB468-SSA1,7,23 a. Whether proper procedures were followed and whether procedures need to be modified in future occurrences.

SB468-SSA1,7,24 b. Whether alternative strategies for controlling the situation were utilized.

SB468-SSA1,7,25 c. Whether the parent of the pupil was notified as required under sub. (5) (a).

SB468-SSA1,8,2 d. The need for communication with or counselling of any pupil who witnessed the use of physical restraint or timeout.

SB468-SSA1,8,3 2. For a pupil who is not a child with a disability, all of the following:

SB468-SSA1,8,10 a. A review of the effectiveness of the use of the physical restraint or timeout. Upon completion of the review under this subd. 2. a., the school employees involved in the occurrence shall work with the parent of the pupil, the school principal or his or her designee or school special education director, and other appropriate persons to prepare a written individual behavior plan for the pupil that provides for the use of other, specified interventions or the continued use of the intervention used previously.

SB468-SSA1,8,12 b. A determination as to whether the pupil should be evaluated under s. 115.782.

SB468-SSA1,8,19 (c) The individualized education program team of any pupil who is a child with a disability and on whom physical restraint or timeout was used in an occurrence described in sub. (5) (a) shall, within 21 days after the occurrence, convene in the manner provided under s. 115.787 (4) to review the pupil's individualized education program. The pupil's parent shall be notified in writing of the date, time, and place of a meeting required under this paragraph at least 10 days prior to the meeting. A meeting required under this paragraph shall include all of the following:

SB468-SSA1,8,21 1. A review of the pupil's written progress, monitoring, and incident reports and the report prepared under sub. (5) (b) following the occurrence.

SB468-SSA1,8,22 2. If appropriate, interviews with the pupil.

SB468-SSA1,8,24 3. A discussion of the concerns of the pupil's parent regarding the individualized education program of the pupil.

SB468-SSA1,9,3 4. A review and discussion of any indirect or collateral effects of the use of physical restraint or timeout on the pupil, including increases in aggressive or escapist behaviors, health-related effects, or emotional reactions.

SB468-SSA1,9,7 (7) Civil liability exemptions. (a) Any school principal or his or her designee who authorizes a school employee certified under sub. (3) to use physical restraint on a pupil as authorized in this section is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence.

SB468-SSA1,9,11 (b) Any school principal or his or her designee or school employee who is certified under sub. (3) and who uses physical restraint on a pupil as authorized in this section is immune from civil liability for his or her act or omission in the use of physical restraint unless the act or omission constitutes a high degree of negligence.

SB468-SSA1,9,13 (8) Rule-making authority. The department shall promulgate rules to administer and implement this section.

SB468-SSA1, s. 2 Section 2. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).

SB468-SSA1, s. 3 Section 3. 118.40 (5) (bm) and (cm) of the statutes are created to read:

SB468-SSA1,9,19 118.40 (5) (bm) A charter may be revoked by the entity under sub. (2r) (b) that contracted with the charter school if the state superintendent finds that a charter school established under sub. (2r) has failed to comply with the requirements of s. 118.305.

SB468-SSA1,9,23 (cm) The charter of a charter school established and operated by an entity under sub. (2r) (b) may be revoked by the state superintendent if the state superintendent finds that the charter school has failed to comply with the requirements of s. 118.305.

SB468-SSA1, s. 4 Section 4. 119.23 (10) (a) 8. of the statutes is created to read:

SB468-SSA1,9,25 119.23 (10) (a) 8. Failed to comply with the requirements under s. 118.305.

SB468-SSA1, s. 5 Section 5. Nonstatutory provisions.

SB468-SSA1,10,5 (1) The department of public instruction shall submit in proposed form the rules required under section 118.305 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 8th month beginning after the effective date of this subsection.

SB468-SSA1,10,14 (2) Using the procedure under section 227.24 of the statutes, the department of public instruction may promulgate rules required under section 118.305 (8) of the statutes, as created by this act, for the period before the effective date of the rules submitted under subsection (1), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB468-SSA1,10,15 (End)