SB353: Bill Text

LRB-3672/1

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2011 - 2012 LEGISLATURE

2011 Senate BILL 353

December 28, 2011 - Introduced by Senators Olsen, Lassa and Schultz, cosponsored by Representatives Kestell, Endsley, Pasch, Pocan, Pope-Roberts, Ripp, Sinicki and Spanbauer. Referred to Committee on Education.

SB353,1,2 An Act to create 115.787 (2) (i) and 118.305 of the statutes; relating to: the use of seclusion and physical restraint on pupils in public schools.

Analysis by the Legislative Reference Bureau

Effective September 1, 2012, this bill prohibits an employee of a public school (including a charter school) and certain other individuals who provide services for the benefit of a public school from using seclusion or physical restraint on a pupil at a public school except under certain conditions. Seclusion is the involuntary confinement of a pupil, apart from other pupils, in a room or area from which the pupil is physically prevented from leaving. Physical restraint is a restriction that immobilizes or reduces the ability of a pupil to freely move his or her torso, arms, legs, or head.

An individual covered by the bill may use seclusion on a pupil only if all of the following apply:

1. The pupil's behavior presents a clear, present, and immediate risk to the physical safety of the pupil or others and it is the least restrictive intervention available.

2. The seclusion lasts only as long as necessary to resolve the risk to physical safety.

3. A covered individual maintains constant supervision of the pupil.

4. The seclusion room or area is free of objects or fixtures that may injure the pupil.

5. The pupil has adequate access to bathroom facilities, drinking water, necessary medication, and meals.

6. No door connecting the seclusion room or area to other rooms or areas is capable of being locked.

A covered individual may use physical restraint on a pupil only if all of the following apply:

1. The pupil's behavior presents a clear, present, and immediate risk to the physical safety of the pupil or others and it is the least restrictive intervention available.

2. The degree of force used and the duration of the physical restraint do not exceed the degree and duration that are reasonable and necessary to resolve the risk.

3. There are no medical contraindications to the use of physical restraint.

4. None of the following maneuvers or techniques are used:

a. Those that do not give adequate attention and care to protecting the pupil's head.

b. Those that cause chest compression.

c. Those that place pressure or weight on the pupil's neck or throat

5. It does not constitute corporal punishment.

6. Neither mechanical nor chemical restraints are used.

Whenever seclusion or physical restraint is used on a pupil, the school principal must notify the pupil's parent and prepare a written report.

The bill generally prohibits a covered individual from using physical restraint on a pupil at school unless he or she has received training in the use of physical restraint that includes a number of specified components. A covered individual who has not received such training may use physical restraint on a pupil at school only in an emergency and only if a trained covered individual is not immediately available. The governing body of a public school in which physical restraint is used must ensure that at least one covered individual has been trained in its use.

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:

SB353, s. 1 Section 1. 115.787 (2) (i) of the statutes is created to read:

SB353,2,6 115.787 (2) (i) If the individualized education program team determines that the use of seclusion, as defined in s. 118.305 (1) (i), or physical restraint, as defined in s. 118.305 (1) (g), may reasonably be anticipated for the child, appropriate positive interventions and supports and other strategies that address the behavior of concern and that comply with all of the following:

SB353,3,2 1. The interventions, supports, and other strategies are based upon a functional behavior assessment of the behavior of concern.

SB353,3,4 2. The interventions, supports, and other strategies incorporate the use of the term "seclusion" or "physical restraint."

SB353,3,6 3. The interventions, supports, and other strategies include positive behavioral supports.

SB353, s. 2 Section 2. 118.305 of the statutes is created to read:

SB353,3,9 118.305 Use of seclusion and physical restraint. (1) Definitions. In this section:

SB353,3,10 (a) "Child" has the meaning given in s. 115.76 (3).

SB353,3,11 (b) "Child with a disability" has the meaning given in s. 115.76 (5).

SB353,3,13 (c) 1. "Covered individual" means all of the following, except as provided in subd. 2.:

SB353,3,16 a. An individual who is employed by a governing body, or under contract with a governing body as an independent contractor, to provide services for the benefit of the school governed by the governing body.

SB353,3,18 b. An individual who is employed by a person under contract with a governing body to provide services for the benefit of the school governed by the governing body.

SB353,3,20 c. An individual who is engaged in student teaching under the supervision of an individual described in subd. 1. a.

SB353,3,21 2. "Covered individual" does not include any of the following:

SB353,3,22 a. A member of a governing body.

SB353,3,25 b. A law enforcement officer who is authorized or designated by a governing body to perform any duty under s. 118.125 (1) (bL) 1. or 2. in a school governed by the governing body.

SB353,4,1 (d) "Governing body" means the governing body in charge of a school.

SB353,4,2 (c) "Individualized education program" has the meaning given in s. 115.76 (9).

SB353,4,3 (f) "Parent" has the meaning given in s. 115.76 (12).

SB353,4,5 (g) "Physical restraint" means a restriction that immobilizes or reduces the ability of a pupil to freely move his or her torso, arms, legs, or head.

SB353,4,6 (h) "School" means a public school, including a charter school.

SB353,4,8 (i) "Seclusion" means the involuntary confinement of a pupil, apart from other pupils, in a room or area from which the pupil is physically prevented from leaving.

SB353,4,10 (2) Seclusion; conditions for use. A covered individual may use seclusion on a pupil at school only if all of the following apply:

SB353,4,13 (a) The pupil's behavior presents a clear, present, and imminent risk to the physical safety of the pupil or others and it is the least restrictive intervention feasible.

SB353,4,16 (b) A covered individual maintains constant supervision of the pupil, either by remaining in the room or area with the pupil or by observing the pupil through a window that allows the covered individual to see the pupil at all times.

SB353,4,18 (c) The room or area in which the pupil is secluded is free of objects or fixtures that may injure the pupil.

SB353,4,20 (d) The pupil has adequate access to bathroom facilities, drinking water, necessary medication, and regularly scheduled meals.

SB353,4,22 (e) The duration of the seclusion is only as long as necessary to resolve the clear, present, and imminent risk to the physical safety of the pupil or others.

SB353,4,24 (f) No door connecting the room or area in which the pupil is secluded to other rooms or areas is capable of being locked.

SB353,5,2 (3) Physical restraint; conditions for use. A covered individual may use physical restraint on a pupil at school only if all of the following apply:

SB353,5,5 (a) The pupil's behavior presents a clear, present, and imminent risk to the physical safety of the pupil or others and it is the least restrictive intervention feasible.

SB353,5,6 (b) There are no medical contraindications to its use.

SB353,5,9 (c) The degree of force used and the duration of the physical restraint do not exceed the degree and duration that are reasonable and necessary to resolve the clear, present, and imminent risk to the physical safety of the pupil or others.