AB682,13,1616 c. The effects of the use of physical restraint on a pupil.
AB682,13,1817 d. Methods for ensuring the safety of a pupil and any school employees involved
18in the use of physical restraint on a pupil.
AB682,13,1919 e. Reporting requirements when physical restraint is used.
AB682,13,2120 f. Procedures for investigating and resolving complaints regarding the use of
21physical restraint.
AB682,14,322 (c) The department shall issue a certificate to a person who successfully
23completes the training program required under this subsection and demonstrates
24proficiency in the safe, effective, and appropriate use of each behavioral control
25technique addressed by the training program. Certification under this subsection

1is valid for 24 months. The department shall renew the certification of any person
2who requests renewal and successfully recompletes the requirements for
3certification under this subsection.
AB682,14,7 4(5) Use of physical restraint. (a) 1. Before any school employee may use
5physical restraint on any pupil, the school principal or his or her designee shall
6provide the pupil's parent with a description of any physical restraint that might be
7used.
AB682,14,98 2. The use of physical restraint shall require the presence of at least 2 school
9employees certified under sub. (4) (c).
AB682,14,1310 (b) A school employee certified under sub. (4) (c) may, after reviewing and
11considering any known medical, developmental, or psychological limitations of a
12child with a disability, use physical restraint on that child in an emergency if both
13of the following apply:
AB682,14,1714 1. Other less intrusive interventions, including positive behavioral
15interventions and supports, constructive, non-physical deescalation, and
16restructuring of the child's school environment, have failed or been deemed
17inappropriate.
AB682,14,2118 2. The individualized education program of the child includes a behavioral
19intervention plan that permits the use of physical restraint and the child's parent has
20consented in writing to the use of physical restraint in the circumstances under
21which physical restraint is proposed to be used.
AB682,15,322 (c) A school employee certified under sub. (4) (c) may, after reviewing and
23considering any known medical, developmental, or psychological limitations of a
24pupil who is not a child with a disability, use physical restraint on that pupil in an
25emergency if other less intrusive interventions, including positive behavioral

1interventions and supports, constructive, non-physical deescalation, and
2restructuring of the pupil's school environment, have failed or been deemed
3inappropriate.
AB682,15,74 (d) 1. Except as provided in subd. 2., a school employee who uses physical
5restraint on a pupil shall ensure that physical restraint is stopped as soon as the
6purpose for which it is being used is achieved but is used for no more than 15 minutes
7total in any day.
AB682,15,168 2. If the school employee determines that the use of physical restraint on a pupil
9may need to exceed 15 minutes, he or she shall, before the end of the 15 minutes
10authorized under subd. 1., communicate with the school-based resource person
11identified under sub. (2), who shall evaluate the need for the use of physical restraint
12on the pupil for more than 15 minutes and obtain the approval of the school principal
13or his or her designee prior to authorizing the school employee to use physical
14restraint for more than 15 minutes. The school employee shall comply with any
15directives issued by the school principal or his or her designee concerning the
16continued use of physical restraint.
AB682,15,2217 (e) A school employee who uses physical restraint on a pupil who uses sign
18language or an augmentative mode of communication as the pupil's primary mode
19of communication shall permit the pupil to have his or her hands free of physical
20restraint for brief periods throughout the duration of the use of physical restraint for
21the purpose of communication, unless the school employee determines that such
22freedom appears likely to result in harm to the pupil or to others.
AB682,15,25 23(6) Use of timeout. (a) Before a school employee may use a timeout on a pupil,
24the school principal or his or her designee shall provide the pupil's parent with an
25opportunity to see and enter the timeout room.
AB682,16,4
1(b) Except as provided in par. (c), a school employee certified under sub. (4) (c)
2may, after reviewing and considering any known medical, developmental, or
3psychological limitations of a pupil, use timeout on that pupil if both of the following
4apply:
AB682,16,85 1. Other less intrusive interventions, including positive behavioral
6interventions and supports, constructive, non-physical deescalation, and
7restructuring of the pupil's school environment, have failed or been deemed
8inappropriate.
AB682,16,139 2. a. For a child with a disability, the child's individualized education program
10includes a behavioral intervention plan, the child's individualized education
11program permits the use of timeout, and the child's parent has consented in writing
12to the use of timeout in the circumstances under which timeout is proposed to be
13used.
AB682,16,1614 b. For a pupil who is not a child with a disability, the pupil's parent has
15consented in writing to the use of timeout in the circumstances under which timeout
16is proposed to be used.
AB682,16,2317 (c) A school employee certified under sub. (4) (c) may, after reviewing and
18considering any known medical, developmental, or psychological limitations of a
19pupil, use timeout on that pupil without the written consent of the pupil's parent in
20an emergency if other less intrusive interventions, including positive behavioral
21interventions and supports, constructive, non-physical deescalation, and
22restructuring of the pupil's school environment have failed or been deemed
23inappropriate.
AB682,17,824 (d) No school employee may use a room as a timeout room unless the room has
25been approved for that use by the school district if the room is located in a school

1operated, or a charter school established, by the school district, or the state
2superintendent if the room is located in a charter school established under s. 118.40
3(2r), a private school in which a child with a disability is enrolled as provided in s.
4115.77 (1m) (d), or a private school participating in the program under s. 119.23. The
5school district or department of public instruction shall require as a condition for
6approval that a photograph of the room be submitted with the request for approval.
7No room may be approved as a timeout room unless the room satisfies all of the
8following:
AB682,17,119 1. It is free of fixtures, electrical outlets, exposed wiring or other objects that
10could be used by the pupil to harm himself or herself or others and is designed so that
11the pupil cannot climb up or upon the walls.
AB682,17,1312 2. It has an area of at least 48 square feet and a ceiling height that is comparable
13to the height of the surrounding room or rooms.
AB682,17,1514 3. It complies with all state and county fire and safety codes and is equipped
15with adequate lighting and ventilation.
AB682,17,1716 4. It affords the school employee with the means to hear and see the pupil at
17all times.
AB682,17,1918 5. If the timeout room is fitted with a door, the door either has a solid, wood core
19construction or is constructed of steel.
AB682,17,2220 (e) 1. Except as provided in subd. 2., a school employee who uses timeout on a
21pupil shall ensure that timeout is stopped as soon as the purpose for which it is being
22used is achieved but is used for no more than 15 minutes total in any day.
AB682,18,523 2. If the school employee determines that the use of timeout on a pupil may need
24to exceed 15 minutes, he or she shall, before the end of the 15 minutes authorized
25under subd. 1., communicate with the school-based resource person identified under

1sub. (2), who shall evaluate the need for the use of timeout for more than 15 minutes
2and obtain the approval of the school principal or his or her designee prior to
3authorizing the school employee to use a timeout for more than 15 minutes. The
4school employee shall comply with any directives issued by the school principal or his
5or her designee concerning continued use of the timeout.
AB682,18,9 6(7) Parental notification and reporting following use of physical restraint
7or timeout.
(a) The school principal or his or her designee shall make reasonable
8efforts to orally notify the parent of a pupil when any of the following occur as soon
9as practicable but in no event later than the end of the day of the occurrence:
AB682,18,1010 1. Physical restraint has been used on the pupil.
AB682,18,1211 2. For a pupil who does not have an individualized education program, the pupil
12has been placed in a timeout room.
AB682,18,1313 3. The pupil has been placed in a timeout room for more than 15 minutes.
AB682,18,1514 4. The pupil has been placed in a timeout room 2 or more times within any
153-hour period.
AB682,18,2016 (b) The school employee who uses physical restraint or timeout in any of the
17occurrences identified in par. (a) shall, within 24 hours after the occurrence, submit
18a written report containing the following information to the school principal or his
19or her designee, which report shall be retained by the school for review by the
20department:
AB682,18,2121 1. The date, time, and duration of the use of physical restraint or timeout.
AB682,18,2422 2. A description of the actions of the pupil before, during, and after the
23occurrence, including a discussion of the pupil's feelings about and reactions to the
24occurrence.
AB682,19,3
13. A description of any other relevant events preceding the use of the physical
2restraint or timeout, including the justification for initiating the use of physical
3restraint or timeout.
AB682,19,44 4. The names of the school employees involved in the occurrence.
AB682,19,75 5. A description of the actions of the school employees under subd. 4. before,
6during, and after the occurrence, including a discussion of the reactions of the school
7employees to the occurrence.
AB682,19,98 6. A description of any interventions used prior to the use of the physical
9restraint or timeout.
AB682,19,1110 7. If physical restraint was used, a description of the physical restraint used,
11including any hold used and the reason the hold was necessary.
AB682,19,1412 8. A log of the pupil's behavior during the use of the physical restraint or
13timeout, including a description of any interaction between the pupil and the school
14employees.
AB682,19,1715 9. A description of any injuries sustained by, and any medical care
16administered to, the pupil, school employees, or others before, during, or after the use
17of the physical restraint or timeout.
AB682,19,1818 10. A description of any property damage associated with the occurrence.
AB682,19,2019 11. A description of future actions to be taken to control the pupil's problem
20behaviors.
AB682,19,2121 12. The name and position of the school employee completing the report.
AB682,20,222 (c) The school principal or his or her designee shall, within 24 hours after the
23occurrence of any of the events identified under par. (a), send or transmit by 1st class
24mail or electronic mail or facsimile transmission to the pupil's parent the information

1contained in the report prepared under par. (b). Each report prepared under this
2paragraph shall be retained by the school for review by the department.
AB682,20,113 (d) Annually and upon the request of the department, each school district, each
4operator of a charter school, the governing body of each private school in which a child
5with a disability is enrolled as provided in s. 115.77 (1m) (d), the governing body of
6each private school participating in the program under s. 119.23, each county
7children with disabilities education board that operates a school, and each local
8educational agency shall submit to the department a written report containing a
9summary of the occurrences identified in par. (a) for which a report was prepared
10under par. (b). The information reported under this paragraph shall include all of
11the following:
AB682,20,1212 1. The name of the school at which the occurrence occurred.
AB682,20,1413 2. The name of the school employees present before, during, and after the
14occurrence.
AB682,20,1515 3. The number of occurrences involving a child with a disability.
AB682,20,1716 4. The duration of the use of physical restraint for each occurrence involving
17the use of physical restraint.
AB682,20,1918 5. The number of timeouts for which a report was required and the duration
19of each such timeout.
AB682,20,2020 6. The number and a description of any injuries related to each occurrence.
AB682,20,2221 7. Evidence that the parent of each pupil on whom physical restraint or timeout
22was used was notified as required under this subsection.
AB682,21,7 23(8) Procedures for review of use of physical restraint and timeout. (a) Each
24school district, each local educational agency, each operator of a charter school, the
25governing body of each private school in which a child with a disability is enrolled

1as provided in s. 115.77 (1m) (d), each county children with disabilities education
2board that operates a school, and the governing body of each private school
3participating in the program under s. 119.23 shall establish a procedure for
4reviewing each occurrence identified in sub. (7) (a). The parent of a pupil on whom
5physical restraint or timeout was used shall be notified in writing of the date, time,
6and location of the review at least 10 days before the review is to be held and invited
7to attend the review.
AB682,21,118 (b) A review conducted under this subsection shall be attended by the
9school-based resource person identified under sub. (2), school employees involved in
10the occurrence, and other persons identified by the school-based resource person.
11The review shall include all of the following:
AB682,21,1412 1. The review by school employees involved in the occurrence of the
13circumstances before, during, and after the use of physical restraint or timeout to
14determine all of the following:
AB682,21,1615 a. Whether proper procedures were followed and whether procedures need to
16be modified in future occurrences.
AB682,21,1717 b. Whether alternative strategies for controlling the situation were utilized.
AB682,21,1818 c. Whether the parent of the pupil was notified as required under sub. (7) (a).
AB682,21,2019 d. The need for communication with or counselling of any pupil who witnessed
20the use of physical restraint or timeout.
AB682,21,2121 2. For a pupil who is not a child with a disability, all of the following:
AB682,22,222 a. A review of the effectiveness of the use of the physical restraint or timeout.
23Upon completion of the review under this subd. 2. a., the school employees involved
24in the occurrence shall work with the parent of the pupil, the school-based resource
25person, and other appropriate persons to prepare a written individual behavior plan

1for the pupil that provides for the use of other, specified interventions or the
2continued use of the intervention used previously.
AB682,22,43 b. A determination as to whether the pupil should be evaluated under s.
4115.782.
AB682,22,125 (c) The individualized education program team of any child with a disability
6on whom physical restraint or timeout was used in an occurrence described in sub.
7(7) (a) shall, within 21 days after the occurrence, convene in the manner provided
8under s. 115.787 (4) to review the pupil's individualized education program and
9behavioral intervention plan. The pupil's parent shall be notified in writing of the
10date, time, and place of a meeting required under this paragraph at least 10 days
11prior to the meeting. A meeting required under this paragraph shall include all of
12the following:
AB682,22,1413 1. A review of the pupil's written progress, monitoring, and incident reports and
14the report prepared under sub. (7) (b) following the occurrence.
AB682,22,1515 2. If appropriate, interviews with the pupil.
AB682,22,1716 3. Concerns regarding the individualized education program and behavioral
17intervention plan of the pupil's parent.
AB682,22,2018 4. A review and discussion of any indirect or collateral effects of the use of
19aversive interventions on the pupil, including increases in aggressive or escapist
20behaviors, health-related effects, or emotional reactions.
AB682,22,2321 5. If a functional behavioral assessment has not been prepared for the pupil
22within the preceding 12 months, the completion of a functional behavioral
23assessment.
AB682,22,25 24(9) Complaints. (a) A parent of a child with a disability, or the attorney
25representing the child, may do any of the following:
AB682,23,2
11. File a written request for a hearing regarding the use of physical restraint
2or timeout on the child in the manner provided under s. 115.80 (1) (a) 1m. and 2.
AB682,23,123 2. Within one year after the parent learns of the use of physical restraint or
4timeout on the child, file a written complaint regarding the school's compliance with
5this section with the local educational agency. The parent, or the attorney
6representing the child, shall provide a copy of the written complaint to the
7department. The local educational agency shall respond to the complaint within 15
8days after receiving the complaint. The parent, or the attorney representing the
9child, may, within 30 days after the determination of the matters in the complaint
10under this subdivision, appeal the determination of the local educational agency to
11the state superintendent. The state superintendent shall review the local
12educational agency's compliance with this section.
AB682,23,1413 (b) The parent of a pupil who is not a child with a disability, or the attorney
14representing the pupil, may do any of the following:
AB682,24,715 1. Within one year after the parent learns of the use of physical restraint or
16timeout on the pupil, file a written request for a hearing with the school district or,
17in the case of a pupil enrolled in a charter school under s. 118.40 (2r), with the
18operator of the charter school or, in the case of a pupil enrolled in a private school
19participating in the program under s. 119.23, with the governing body of the private
20school. The parent, or the attorney representing the pupil, shall include in the
21request the name of the pupil, the address of the residence of the pupil, the name of
22the school the pupil is attending, a description of the nature of the problem of the
23pupil relating to the use of physical restraint or timeout, including facts relating to
24the problem, and a proposed resolution of the problem to the extent known and
25available to the parents at the time. The parent or attorney representing the pupil

1shall provide the department with a copy of the request. The school district, operator
2of the charter school, or governing body of the private school shall hold a hearing on
3the matters contained in the written request in the manner established by the
4department by rule. The parent or attorney representing the pupil may appeal a
5determination received under this subdivision to the state superintendent. The
6state superintendent shall review the compliance of the school district, operator of
7the charter school, or governing body of the private school with this section.
AB682,24,218 2. Within one year after the parent learns of the use of physical restraint or
9timeout on the pupil, file a written complaint regarding the use of physical restraint
10or timeout on the pupil with the school district or, in the case of a pupil enrolled in
11a charter school under s. 118.40 (2r), with the operator of the charter school or, in the
12case of a pupil enrolled in a private school participating in the program under s.
13119.23, with the governing body of the private school. The parent, or the attorney
14representing the pupil, shall provide a copy of the written complaint to the
15department. The school district, operator of the charter school, or governing body of
16the private school shall respond to the complaint within 15 days after receiving the
17complaint. The parent or attorney representing the pupil may, within 30 days after
18a determination of the matters in the complaint under this subdivision, appeal the
19determination to the state superintendent. The state superintendent shall review
20the compliance of the school district, operator of the charter school, and governing
21body of the private school with this section.
AB682,25,4 22(10) Remedies. (a) If a local educational agency, school district, operator of a
23charter school under s. 118.40 (2r), or governing body of a private school participating
24in the program under s. 119.23, in its response to a complaint received under sub. (9)
25(a) 2. or (b) 2. or at a hearing held under sub. (9) (b) 1., finds that the school in which

1the pupil or child with a disability is enrolled has failed to comply with the
2requirements of this section, the agency, school district, operator, or governing body
3shall take corrective action that is appropriate to the needs of the pupil or child with
4a disability and to achieve compliance with this section.
AB682,25,135 (b) If the state superintendent, in his or her review under sub. (9) (a) 2. or (b)
61. or 2. of the compliance with this section of a local educational agency, school
7district, operator of a charter school, or governing body of a private school, finds that
8the school in which the pupil or child with a disability is enrolled has failed to comply
9with the requirements of this section, the state superintendent shall require the
10agency, school district, operator, or governing body to achieve compliance and shall
11prescribe corrective action that is appropriate to the needs of the pupil or child with
12a disability that the agency, school district, operator, or governing body must take to
13achieve compliance.
AB682,25,18 14(11) Civil liability exemptions. (a) Any school principal or his or her designee
15or school-based resource person identified under sub. (2), who authorizes a school
16employee certified under sub. (2) or (4) to use physical restraint or timeout on a pupil
17as authorized in this section is immune from civil liability for the act of authorization
18unless it constitutes a high degree of negligence.
AB682,25,2419 (b) Any school principal or his or her designee, school employee, or
20school-based resource person identified under sub. (2) who is certified under sub. (2)
21or (4) and who uses physical restraint or a timeout on a pupil as authorized in this
22section is immune from civil liability for his or her act or omission in the use of
23physical restraint or timeout unless the act or omission constitutes a high degree of
24negligence.
AB682,26,2
1(12) Rule-making authority. The department may promulgate rules to
2administer and implement this section.
AB682, s. 12 3Section 12. 118.40 (5) of the statutes is renumbered 118.40 (5) (a).
AB682, s. 13 4Section 13. 118.40 (5) (bm) and (cm) of the statutes are created to read:
AB682,26,85 118.40 (5) (bm) A charter may be revoked by the entity under sub. (2r) (b) that
6contracted with the charter school if the state superintendent finds that a charter
7school established under sub. (2r) has failed to comply with the requirements of s.
8118.305.
AB682,26,129 (cm) The charter of a charter school established and operated by an entity
10under sub. (2r) (b) may be revoked by the state superintendent if the state
11superintendent finds that the charter school has failed to comply with the
12requirements of s. 118.305.
AB682, s. 14 13Section 14. 119.23 (10) (a) 8. of the statutes is created to read:
AB682,26,1414 119.23 (10) (a) 8. Failed to comply with the requirements under s. 118.305.
AB682,26,1515 (End)
Loading...
Loading...