AB682: Bill Text

AB682,7,11 (b) A functional behavioral assessment conducted under this section shall be based on multiple sources of data, including information obtained from direct observation of the child with a disability by the child's teachers and related service providers, information obtained from the child, the child's parent, and any relevant community treatment providers of the child, and a review of the child's pupil records.

AB682, s. 5 Section 5. 115.787 (2) (i) of the statutes is created to read:

AB682,7,13 115.787 (2) (i) If required under s. 115.7825, a behavioral intervention plan.

AB682, s. 6 Section 6. 115.797 (1) (a) of the statutes is amended to read:

AB682,7,21 115.797 (1) (a) "Dispute" means any disagreement between parties concerning the proposal or refusal to initiate or change the evaluation, individualized education program or educational placement of a child with a disability or the provision of a free appropriate public education to or the use of physical restraint or timeout on such a child. "Dispute" includes any such disagreement between parties that arises before the filing of a request for a hearing under s. 115.80 or in which other processes, including a hearing under s. 115.80 or litigation, have been requested or commenced.

AB682, s. 7 Section 7. 115.80 (1) (a) 1m. of the statutes is created to read:

AB682,8,5 115.80 (1) (a) 1m. A parent, or the attorney representing the child, may file a written request for a hearing within one year after the parent learns of the use by the local educational agency of physical restraint or timeout on the parent's child, except that, if the local educational agency has not previously provided the parent or the attorney representing the child with notice of the right to request a hearing under this subdivision, he or she may file a request under this subdivision within one year after the local educational agency provides the notice. The division shall develop a model form to assist parents in filing a request under this subdivision.

AB682, s. 8 Section 8. 115.80 (1) (a) 2. of the statutes is amended to read:

AB682,8,13 115.80 (1) (a) 2. The parent, or the attorney representing the child, shall include in the request under subd. 1. or 1m. the name of the child, the address of the residence of the child, the name of the school the child is attending, a description of the nature of the problem of the child relating to the proposed or refused initiation or change or the use of physical restraint or timeout, including facts relating to the problem, and a proposed resolution of the problem to the extent known and available to the parents at the time.

AB682, s. 9 Section 9. 115.80 (2m) (a) of the statutes is amended to read:

AB682,8,21 115.80 (2m) (a) Except as provided in par. (c), within 15 days of receiving a request for a hearing under sub. (1) (a) 1. or 1m. and before the hearing is conducted, the local educational agency shall convene a meeting with the child's parents and the relevant members of the individualized education program team who have specific knowledge of the facts identified in the hearing request. At the meeting, the child's parents shall discuss the hearing request and the facts that form the basis of the request and the local educational agency may resolve the issues.

AB682, s. 10 Section 10. 115.80 (2m) (e) of the statutes is amended to read:

AB682,9,2 115.80 (2m) (e) If the local educational agency does not resolve the issues presented by the hearing request to the satisfaction of the child's parents within 30 days of receipt of the request, the hearing requested under sub. (1) (a) 1. or 1m. may occur.

AB682, s. 11 Section 11. 118.305 of the statutes is created to read:

AB682,9,5 118.305 Use of positive behavioral interventions and supports and aversive interventions. (1) Definitions. In this section:

AB682,9,8 (a) "Aversive intervention" means deliberate action, including physical restraint, seclusion, and timeout, taken by a school employee to establish a negative association between certain behaviors and the deliberate action.

AB682,9,10 (b) "Behavioral intervention plan" means a plan developed under s. 115.7825 (1).

AB682,9,11 (c) "Child" has the meaning given in s. 115.76 (3).

AB682,9,12 (d) "Child with a disability" has the meaning given in s. 115.76 (5).

AB682,9,19 (e) "Emergency" means a situation in which it is necessary to control a pupil's spontaneous or unpredictable behavior when that behavior poses a clear and present danger of serious physical harm to the pupil or to others and cannot be immediately controlled by a less restrictive technique than the one used by a school employee certified under sub. (4) (c). "Emergency" does not include a situation in which a pupil uses profanity or threatens physical harm to himself or herself or others unless the pupil demonstrates a means of carrying out the threat.

AB682,9,21 (f) "High degree of negligence" means criminal negligence, as defined in s. 939.25 (1).

AB682,9,22 (g) "Individualized education program" has the meaning given in s. 115.76 (9).

AB682,9,23 (h) "Local educational agency" has the meaning given in s. 115.76 (10).

AB682,9,25 (i) "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.

AB682,10,4 (j) "Parent" has the meaning given in s. 115.76 (12).

AB682,10,9 (k) "Physical restraint" means a restriction imposed by a person that immobilizes or reduces the ability of a pupil to freely move his or her arms, legs, or head. "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 intervening in a fight.

AB682,10,13 (L) "Positive behavioral interventions and supports" means a set of evidence-based practices used to organize teaching and learning environments and experiences for a pupil which facilitate the pupil's successful self-awareness, self-management, and engagement with others and with the learning process.

AB682,10,17 (m) "School" means a school operated by a school district, a charter school, a private school in which a child with a disability is enrolled as provided in s. 115.77 (1m) (d), a private school participating in the program under s. 119.23, and a school operated by a county children with disabilities education board.

AB682,10,18 (n) "School employee" includes a person who is under contract with a school.

AB682,10,20 (o) "Seclusion" means a behavioral control technique that involves placing a pupil in a setting from which the pupil is incapable of leaving.

AB682,10,23 (p) "Timeout" means a behavioral management technique administered by a school employee that involves the separation of a pupil from his or her class and the placement of the pupil in a timeout room.

AB682,10,25 (q) "Timeout room" means an enclosed setting, or other isolated area that is not a classroom, that is used for timeout and from which a pupil is capable of leaving.

AB682,11,5 (2) School-based resource on positive behavioral interventions and supports. (a) Each school shall identify at the beginning of each school year at least one school employee who shall serve as a school-based resource on positive behavioral interventions and supports. The employee identified under this paragraph shall do all of the following:

AB682,11,6 1. Maintain certification under sub. (4) (c).

AB682,11,7 2. Obtain certification under par. (b).

AB682,11,10 3. Assist other school employees to implement positive behavioral interventions and supports and safely and appropriately administer physical restraint and timeout in the manner authorized under this section.

AB682,11,18 (b) The department shall establish by rule an advanced, evidence-based training program to be completed by the school employees identified under par. (a). The department shall certify in writing a school employee who successfully completes the training program under this paragraph and demonstrates proficiency in the safe, effective, and appropriate use of each behavioral control technique addressed by the training program. The rules promulgated under this paragraph shall specify the period for which certification is valid and the requirements a person must satisfy to renew certification under this paragraph.

AB682,11,21 (3) Seclusion and use of certain substances prohibited; prohibited types and uses of physical and mechanical restraint. (a) No school employee may use seclusion on a pupil.

AB682,11,24 (b) No school employee may intentionally release noxious, toxic, caustic, or otherwise unpleasant substances near a pupil for the purpose of controlling or modifying the behavior of or punishing the pupil.

AB682,12,2 (c) No school employee may use physical restraint on a pupil if the physical restraint does any of the following:

AB682,12,3 1. Fails to give adequate attention and care to the pupil's head.

AB682,12,5 2. Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of the pupil.

AB682,12,6 3. Obstructs the pupil's circulation or the ability of the pupil to breathe.

AB682,12,7 4. Intentionally causes pain.

AB682,12,8 5. Subjects the pupil to ridicule, humiliation, or emotional trauma.

AB682,12,14 (d) No school employee may use physical restraint or timeout to punish a pupil, for the convenience of the employee or another school employee, or because there is an insufficient number of school employees present to enable the use of less restrictive alternatives, and no school employee may threaten the use of physical restraint or timeout to obtain a pupil's cooperation or otherwise obtain control over a pupil's behavior.

AB682,12,15 (e) No school employee may use a mechanical restraint.

AB682,12,19 (4) Training and certification required for use of physical restraint or timeout. (a) No school employee may use physical restraint on a pupil or impose or supervise timeout unless that employee has been certified by the department under this subsection.

AB682,12,21 (b) The department shall establish by rule an evidence-based training program that includes instruction in all of the following:

AB682,12,24 1. Positive behavioral interventions and supports, alternatives to the use of physical restraint and timeout, and techniques for relationship building, the deescalation of problem behaviors, crisis prevention, and crisis intervention.

AB682,13,2 2. The safe, effective, and appropriate use of timeout, including instruction in all of the following:

AB682,13,3 a. How to identify an emergency that may indicate the need for timeout.

AB682,13,5 b. Methods for evaluating the risk or danger of physical harm in specific situations in order to determine whether timeout is warranted.

AB682,13,6 c. The effect of timeout on a pupil.

AB682,13,7 d. Reporting requirements when timeout is used.

AB682,13,9 e. Procedures for investigating and resolving complaints regarding the use of timeout.

AB682,13,11 3. The safe, effective, and appropriate administration of physical restraint, including instruction in all of the following:

AB682,13,13 a. How to identify an emergency that may indicate the need for the use of physical restraint.

AB682,13,15 b. Methods for evaluating the risk of harm in specific situations in order to determine whether the use of physical restraint is warranted.

AB682,13,16 c. The effects of the use of physical restraint on a pupil.

AB682,13,18 d. Methods for ensuring the safety of a pupil and any school employees involved in the use of physical restraint on a pupil.

AB682,13,19 e. Reporting requirements when physical restraint is used.

AB682,13,21 f. Procedures for investigating and resolving complaints regarding the use of physical restraint.

AB682,14,3 (c) The department shall issue a certificate to a person who successfully completes the training program required under this subsection and demonstrates proficiency in the safe, effective, and appropriate use of each behavioral control technique addressed by the training program. Certification under this subsection is valid for 24 months. The department shall renew the certification of any person who requests renewal and successfully recompletes the requirements for certification under this subsection.

AB682,14,7 (5) Use of physical restraint. (a) 1. Before any school employee may use physical restraint on any pupil, the school principal or his or her designee shall provide the pupil's parent with a description of any physical restraint that might be used.

AB682,14,9 2. The use of physical restraint shall require the presence of at least 2 school employees certified under sub. (4) (c).

AB682,14,13 (b) A school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a child with a disability, use physical restraint on that child in an emergency if both of the following apply:

AB682,14,17 1. Other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the child's school environment, have failed or been deemed inappropriate.

AB682,14,21 2. The individualized education program of the child includes a behavioral intervention plan that permits the use of physical restraint and the child's parent has consented in writing to the use of physical restraint in the circumstances under which physical restraint is proposed to be used.

AB682,15,3 (c) A school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a pupil who is not a child with a disability, use physical restraint on that pupil in an emergency if other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the pupil's school environment, have failed or been deemed inappropriate.

AB682,15,7 (d) 1. Except as provided in subd. 2., a school employee who uses physical restraint on a pupil shall ensure that physical restraint is stopped as soon as the purpose for which it is being used is achieved but is used for no more than 15 minutes total in any day.

AB682,15,16 2. If the school employee determines that the use of physical restraint on a pupil may need to exceed 15 minutes, he or she shall, before the end of the 15 minutes authorized under subd. 1., communicate with the school-based resource person identified under sub. (2), who shall evaluate the need for the use of physical restraint on the pupil for more than 15 minutes and obtain the approval of the school principal or his or her designee prior to authorizing the school employee to use physical restraint for more than 15 minutes. The school employee shall comply with any directives issued by the school principal or his or her designee concerning the continued use of physical restraint.

AB682,15,22 (e) A school employee who uses physical restraint on a pupil who uses sign language or an augmentative mode of communication as the pupil's primary mode of communication shall permit the pupil to have his or her hands free of physical restraint for brief periods throughout the duration of the use of physical restraint for the purpose of communication, unless the school employee determines that such freedom appears likely to result in harm to the pupil or to others.

AB682,15,25 (6) Use of timeout. (a) Before a school employee may use a timeout on a pupil, the school principal or his or her designee shall provide the pupil's parent with an opportunity to see and enter the timeout room.

AB682,16,4 (b) Except as provided in par. (c), a school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a pupil, use timeout on that pupil if both of the following apply:

AB682,16,8 1. Other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the pupil's school environment, have failed or been deemed inappropriate.

AB682,16,13 2. a. For a child with a disability, the child's individualized education program includes a behavioral intervention plan, the child's individualized education program permits the use of timeout, and the child's parent has consented in writing to the use of timeout in the circumstances under which timeout is proposed to be used.

AB682,16,16 b. For a pupil who is not a child with a disability, the pupil's parent has consented in writing to the use of timeout in the circumstances under which timeout is proposed to be used.

AB682,16,23 (c) A school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a pupil, use timeout on that pupil without the written consent of the pupil's parent in an emergency if other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the pupil's school environment have failed or been deemed inappropriate.

AB682,17,8 (d) No school employee may use a room as a timeout room unless the room has been approved for that use by the school district if the room is located in a school operated, or a charter school established, by the school district, or the state superintendent if the room is located in a charter school established under s. 118.40 (2r), a private school in which a child with a disability is enrolled as provided in s. 115.77 (1m) (d), or a private school participating in the program under s. 119.23. The school district or department of public instruction shall require as a condition for approval that a photograph of the room be submitted with the request for approval. No room may be approved as a timeout room unless the room satisfies all of the following:

AB682,17,11 1. It is free of fixtures, electrical outlets, exposed wiring or other objects that could be used by the pupil to harm himself or herself or others and is designed so that the pupil cannot climb up or upon the walls.

AB682,17,13 2. It has an area of at least 48 square feet and a ceiling height that is comparable to the height of the surrounding room or rooms.

AB682,17,15 3. It complies with all state and county fire and safety codes and is equipped with adequate lighting and ventilation.

AB682,17,17 4. It affords the school employee with the means to hear and see the pupil at all times.

AB682,17,19 5. If the timeout room is fitted with a door, the door either has a solid, wood core construction or is constructed of steel.

AB682,17,22 (e) 1. Except as provided in subd. 2., a school employee who uses timeout on a pupil shall ensure that timeout is stopped as soon as the purpose for which it is being used is achieved but is used for no more than 15 minutes total in any day.

AB682,18,5 2. If the school employee determines that the use of timeout on a pupil may need to exceed 15 minutes, he or she shall, before the end of the 15 minutes authorized under subd. 1., communicate with the school-based resource person identified under sub. (2), who shall evaluate the need for the use of timeout for more than 15 minutes and obtain the approval of the school principal or his or her designee prior to authorizing the school employee to use a timeout for more than 15 minutes. The school employee shall comply with any directives issued by the school principal or his or her designee concerning continued use of the timeout.

AB682,18,9 (7) Parental notification and reporting following use of physical restraint or timeout. (a) The school principal or his or her designee shall make reasonable efforts to orally notify the parent of a pupil when any of the following occur as soon as practicable but in no event later than the end of the day of the occurrence:

AB682,18,10 1. Physical restraint has been used on the pupil.