SB678: Bill Text

LRB-4009/1

PG:jld:rs

2005 - 2006 LEGISLATURE

2005 Senate BILL 678

March 31, 2006 - Introduced by Senator Hansen, by request of Disability Rights Wisconsin. Referred to Committee on Education.

SB678,1,2 An Act to amend 118.164 (3) (b) and 118.31 (3) (intro.); and to create 118.315 of the statutes; relating to: the use of seclusion and restraints in schools.

Analysis by the Legislative Reference Bureau

This bill limits and conditions the use of seclusion (a behavioral control technique that secludes a pupil in a locked area) and physical or mechanical restraints (the use of a person or a device to control the behavior of a pupil) in public and private schools.

Under the bill, a school employee may use physical restraint only in an emergency and may use a mechanical restraint only if the school at which he or she works is certified as having met the requirements of the Joint Commission on Accreditation of Healthcare Organizations. A school employee may use seclusion only if an emergency exists, the pupil's individualized special education program permits seclusion under the circumstances, or the pupil's parent or guardian consents in writing to the use of seclusion. The bill requires that the area used for seclusion be free of objects with which the pupil could self-inflict bodily harm, that it provide a view of the pupil at all times, and that it be equipped with adequate ventilation and lighting. The school employee using seclusion must also provide the pupil with an explanation of the behavior that led to the seclusion and a list of requirements to be met before the pupil will be released to his or her class. The school employee must monitor the pupil frequently and may not use seclusion for more than 30 minutes at a time, unless an emergency exists.

The bill also prohibits the use of certain kinds of restraint and seclusion, including a seclusion or restraint that is likely to cause physical harm to the pupil; that denies the pupil adequate water, physical comfort, or access to a bathroom; or that uses unreasonable and unnecessary force. Finally, the bill requires all school employees who interact with pupils to receive training on the proper use of seclusion and restraint and to prepare and file with the Department of Public Instruction written reports about their use of seclusion and restraint.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB678, s. 1 Section 1. 118.164 (3) (b) of the statutes is amended to read:

SB678,2,4 118.164 (3) (b) This subsection does not prohibit the teacher who removed the pupil from the class or the school board, school district administrator, school principal or their designees from disciplining the pupil, subject to s. 118.315.

SB678, s. 2 Section 2. 118.31 (3) (intro.) of the statutes is amended to read:

SB678,2,7 118.31 (3) (intro.) Subsection Subject to s. 118.315, sub. (2) does not prohibit an official, employee or agent of a school board from:

SB678, s. 3 Section 3. 118.315 of the statutes is created to read:

SB678,2,10 118.315 Use of physical restraint and seclusion. (1) Definitions. In this section:

SB678,2,17 (a) "Behavioral intervention plan" means a written document that is developed by an individualized education program team under s. 115.78 as part of the pupil's individualized education program for a pupil whose behavior is self-injurious or assaultive; causes property damage or other severe, pervasive behavioral problems; significantly interferes with the implementation of the pupil's individualized education program; or for which the behavioral or instructional approaches specified in the individualized education program are ineffective.

SB678,2,18 (b) "Child" has the meaning in s. 115.76 (3).

SB678,3,1 (c) "Child with a disability" has the meaning in s. 115.76 (5).

SB678,3,3 (cm) "Deaf pupil" is a pupil who has a significant hearing loss and who, with or without amplification, cannot understand speech.

SB678,3,8 (d) "Emergency" means a situation in which it is necessary to control a pupil's unpredictable or spontaneous behavior that poses a clear and present danger of serious physical harm to the pupil or to others and that cannot be immediately prevented by a less restrictive technique than the one temporarily applied by a trained school employee.

SB678,3,10 (dm) "Hearing-impaired pupil" is a pupil who has a hearing loss and who, with or without amplification, can understand speech in some settings.

SB678,3,15 (e) "Mechanical restraint" means a device that restricts a pupil's freedom of movement or normal access to a portion of his or her body and that the pupil cannot easily remove. "Mechanical restraint" does not include a protective or stabilizing device that is prescribed by a health care professional for a child with a disability in accordance with the child's individualized education program.

SB678,3,20 (f) "Physical restraint" means a restriction imposed by a person that immobilizes or reduces the ability of a pupil to move his or her arms, legs, or head freely. "Physical restraint" does not include briefly holding a pupil to calm or comfort the pupil, holding a pupil's hand or arm to escort the pupil safely from one area to another, or breaking up a fight.

SB678,3,21 (g) "Pupil" includes a child with a disability.

SB678,3,24 (h) "School employee" means a person who serves as volunteer for or is employed by or under contract with a school district, charter school, private school under s. 119.23, or children with disabilities education board.

SB678,4,6 (i) "Seclusion" means a behavioral control technique that involves a locked box, locked closet, or locked room that is designated solely to seclude a pupil. "Seclusion" does not include a behavioral management technique that is part of a treatment program approved by the pupil's treating psychologist or psychiatrist and that may involve the separation of the pupil from his or her class in an unlocked setting to calm the pupil.

SB678,4,8 (2) Use of restraints. (a) A school employee may use physical restraint on a pupil only in an emergency.

SB678,4,11 (b) A school employee may use mechanical restraint on a pupil only if the school at which he or she works is certified as having met the requirements of the Joint Commission on Accreditation of Healthcare Organizations.

SB678,4,13 (3) Use of seclusion. (a) A school employee may use seclusion on a pupil only if at least one of the following is true:

SB678,4,15 1. An emergency exists and other less intrusive interventions have failed or been deemed inappropriate.

SB678,4,17 2. The pupil's individualized education program under s. 115.787 permits the use of seclusion under the circumstances.

SB678,4,19 3. The pupil's parent or guardian has consented in writing to the use of seclusion.

SB678,4,23 (b) A school employee may use seclusion on a pupil only if the area used for seclusion is free of objects and fixtures with which a pupil could self-inflict bodily harm, gives the school employee an adequate view of the pupil at all times, and is equipped with adequate lighting and ventilation.

SB678,4,24 (c) A school employee who uses seclusion on a pupil shall do all of the following:

SB678,4,25 1. View the pupil during the entire time the pupil is in seclusion.

SB678,5,3 2. Provide the pupil with an explanation of the behavior that resulted in the pupil's seclusion and an oral and written list that instructs the pupil on the requirements that he or she must satisfy to be returned to the class or to instruction.

SB678,5,4 3. Reassess the pupil every 15 minutes while he or she is in seclusion.

SB678,5,6 4. Ensure that the pupil is placed in seclusion for no more than 30 minutes at a time, unless an emergency exists.

SB678,5,8 (4) Prohibited types of restraint and seclusion. No school employee may use any of the following seclusions or restraints:

SB678,5,9 (a) One designed or likely to cause physical pain to the pupil.

SB678,5,11 (b) One that releases noxious, toxic, or otherwise unpleasant substances near the pupil's eyes or face.

SB678,5,13 (c) One that denies the pupil adequate water, physical comfort, or access to a bathroom.

SB678,5,15 (d) One that subjects the pupil to ridicule, humiliation, or excessive emotional trauma.

SB678,5,16 (e) One performed by an untrained school employee.

SB678,5,18 (f) One that immobilizes both the pupil's hands and feet, except a technique designed as an emergency measure.

SB678,5,19 (g) One that precludes adequate supervision of the pupil.