Chapter 118

118.301 History History: 2015 a. 55.

118.305 118.305 Use of seclusion and physical restraint.

118.305(1) (1) Definitions. In this section:

118.305(1)(a) (a) “Child” has the meaning given in s. 115.76 (3).

118.305(1)(b) (b) “Child with a disability” has the meaning given in s. 115.76 (5).

118.305(1)(c) (c)

118.305(1)(c)1. 1. “Covered individual” means all of the following, except as provided in subd. 2.:

118.305(1)(c)1.a. 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.

118.305(1)(c)1.b. 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.

118.305(1)(c)1.c. c. An individual who is engaged in student teaching under the supervision of an individual described in subd. 1. a.

118.305(1)(c)2. 2. “Covered individual” does not include any of the following:

118.305(1)(c)2.a. a. A member of a governing body.

118.305(1)(c)2.b. 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.

118.305(1)(d) (d) “Governing body” means the governing body in charge of any of the following:

118.305(1)(d)1. 1. A school.

118.305(1)(d)2. 2. A private school at which an LEA placed pupil is placed by a local educational agency.

118.305(1)(dm) (dm) “Incident” means an occurrence of a covered individual or a law enforcement officer using seclusion or physical restraint on a pupil. It is considered one incident if immediately following the use of seclusion or physical restraint on a pupil, the pupil’s behavior presents a clear, present, and imminent risk to the physical safety of the pupil or others, and a covered individual or law enforcement officer resumes the use of seclusion or physical restraint.

118.305(1)(e) (e) “Individualized education program” has the meaning given in s. 115.76 (9).

118.305(1)(ek) (ek) “LEA placed pupil” means all of the following:

118.305(1)(ek)1. 1. A pupil placed at a private school by a local educational agency under s. 118.15 (1) (d) 4. or 119.235.

118.305(1)(ek)2. 2. A child with a disability placed at a private school by a local educational agency to satisfy the requirements under subch. V of ch. 115 or applicable federal law.

118.305(1)(em) (em) “Local educational agency” has the meaning given in s. 115.76 (10).

118.305(1)(f) (f) “Parent” means a parent of a pupil, including a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

118.305(1)(g) (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.

118.305(1)(h) (h) “School” means a public school, including a charter school, and a private school participating in the program under s. 115.7915.

118.305(1)(i) (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.

118.305(2) (2) Seclusion; conditions for use. A covered individual may use seclusion on a pupil at school only if all of the following apply:

118.305(2)(a) (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.

118.305(2)(b) (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.

118.305(2)(c) (c) The room or area in which the pupil is secluded is free of objects or fixtures that may injure the pupil.

118.305(2)(d) (d) The pupil has adequate access to bathroom facilities, drinking water, necessary medication, and regularly scheduled meals.

118.305(2)(e) (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.

118.305(2)(f) (f) No door connecting the room or area in which the pupil is secluded to other rooms or areas is capable of being locked or has a lock on it.

118.305(3) (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:

118.305(3)(a) (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.

118.305(3)(b) (b) There are no medical contraindications to its use.

118.305(3)(c) (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.

118.305(3)(d) (d) None of the following maneuvers or techniques are used:

118.305(3)(d)1. 1. Those that do not give adequate attention and care to protecting the pupil’s head.

118.305(3)(d)2. 2. Those that cause chest compression by placing pressure or weight on the pupil’s chest, lungs, sternum, diaphragm, back, or abdomen.

118.305(3)(d)3. 3. Those that place pressure or weight on the pupil’s neck or throat, on an artery, or on the back of the pupil’s head or neck, or that otherwise obstruct the pupil’s circulation or breathing.

118.305(3)(d)4. 4. Those that place the pupil in a prone position.

118.305(3)(e) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1).

118.305(3)(f) (f) The covered individual does not use a mechanical or chemical restraint on the pupil. None of the following constitutes the use of a mechanical restraint:

118.305(3)(f)1. 1. The use of supportive equipment to properly align a pupil’s body, assist a pupil to maintain balance, or assist a pupil’s mobility, under the direction and oversight of appropriate medical or therapeutic staff.

118.305(3)(f)2. 2. The use of vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle.

118.305(4) (4) Notification and reporting following use of seclusion or physical restraint.

118.305(4)(a) (a) Whenever a covered individual or a law enforcement officer uses seclusion or physical restraint on a pupil at school, the school principal or his or her designee shall do all of the following:

118.305(4)(a)1. 1. As soon as practicable, but no later than one business day after the incident, notify the pupil’s parent of the incident and of the availability of the written report under subd. 2.

118.305(4)(a)2. 2. Within 2 business days after the incident and after consulting with the covered individuals and any law enforcement officers present during the incident, prepare a written report containing all of the following information:

118.305(4)(a)2.a. a. The pupil’s name.

118.305(4)(a)2.b. b. The date, time, and duration of the use of seclusion or physical restraint.

118.305(4)(a)2.c. c. A description of the incident, including a description of the actions of the pupil before, during, and after the incident.

118.305(4)(a)2.d. d. The names and titles of the covered individuals and any law enforcement officers present during the incident.

118.305(4)(a)3. 3. Meet with the covered individuals who participated in the incident to discuss all of the following:

118.305(4)(a)3.a. a. The events preceding, during, and following the use of the seclusion or physical restraint.

118.305(4)(a)3.b. b. How to prevent the need for seclusion or physical restraint, including the factors that may have contributed to the escalation of behaviors; alternatives to physical restraint, such as de-escalation techniques and possible interventions; and other strategies that the school principal or designee determines are appropriate.

118.305(4)(b) (b) The school principal or his or her designee shall retain a report prepared under par. (a) 2. and shall, within 3 business days of the incident, do one of the following:

118.305(4)(b)1. 1. Send the report to the pupil’s parent by 1st class mail or by electronic transmission.

118.305(4)(b)2. 2. Hand deliver the report to the pupil’s parent.

118.305(4)(c) (c) Annually by October 1, the principal of each school or his or her designee shall submit to the governing body a report containing all of the following:

118.305(4)(c)1. 1. The number of incidents of seclusion in the school during the previous school year.

118.305(4)(c)2. 2. The total number of pupils who were involved in the incidents of seclusion reported under subd. 1.

118.305(4)(c)3. 3. The number of children with disabilities who were involved in the incidents of seclusion reported under subd. 1.

118.305(4)(c)4. 4. The number of incidents of physical restraint in the school during the previous school year.

118.305(4)(c)5. 5. The total number of pupils who were involved in the incidents of physical restraint reported under subd. 4.

118.305(4)(c)6. 6. The number of children with disabilities who were involved in the incidents of physical restraint reported under subd. 4.

118.305(4)(cm) (cm) Annually by December 1, each governing body that receives a report under par. (c) shall submit to the state superintendent a report that contains the information under par. (c) for each school under the governing body’s charge.

118.305(4)(d) (d) Whenever a covered individual or a law enforcement officer uses seclusion or physical restraint on an LEA placed pupil at a private school, the administrator of the private school or his or her designee shall do all of the following:

118.305(4)(d)1. 1. As soon as practicable, but no later than one business day after the incident, notify the LEA placed pupil’s parent and the local educational agency of the incident and of the availability of the written report under subd. 2.

118.305(4)(d)2. 2. Within 2 business days after the incident and after consulting with the covered individuals and any law enforcement officers present during the incident, prepare a written report containing all of the following information:

118.305(4)(d)2.a. a. The LEA placed pupil’s name.

118.305(4)(d)2.b. b. The date, time, and duration of the use of seclusion or physical restraint.

118.305(4)(d)2.c. c. A description of the incident, including a description of the actions of the pupil before, during, and after the incident.

118.305(4)(d)2.d. d. The names and titles of the covered individuals and any law enforcement officers who were present during the incident.

118.305(4)(e) (e) An administrator of a private school or his or her designee shall retain a report prepared under par. (d) 2. and shall within 3 business days of the incident do one of the following:

118.305(4)(e)1. 1. Send the report by 1st class mail or by electronic transmission to the LEA placed pupil’s parent and to the local educational agency.

118.305(4)(e)2. 2. Hand deliver the report to the LEA placed pupil’s parent and to the local educational agency.

118.305(5) (5) Child with a disability. The 2nd time that seclusion or physical restraint is used on a child with a disability within the same school year, the child’s individualized education program team shall convene in the manner provided in s. 115.787 (4) as soon as practicable after the incident but no later than 10 school days after the incident. The child’s individualized education program team shall review the child’s individualized education program and revise it as the individualized education program team determines necessary to ensure all of the following:

118.305(5)(a) (a) The individualized education program includes appropriate positive behavioral interventions and supports and other strategies to address the behavior of concern.

118.305(5)(b) (b) That the interventions, supports, and other strategies included in the individualized education program related to a behavior that resulted in the use of seclusion or physical restraint on the child are based on a functional behavioral assessment of that behavior.

118.305(6) (6) Physical restraint; training.

118.305(6)(a) (a) Except as provided in par. (c), no covered individual may use physical restraint on a pupil at school unless he or she has received training that includes all of the following components:

118.305(6)(a)1f. 1f. Evidence-based instruction related to positive behavioral supports and interventions, safe physical escort, understanding antecedents, de-escalation, conflict prevention, and conflict management.

118.305(6)(a)1m. 1m. Evidence-based techniques, including debriefing, that have been shown to prevent or reduce the use of physical restraint.

118.305(6)(a)2. 2. An identification and description of dangerous behavior that may indicate the need for physical restraint and methods of evaluating risk of harm in order to determine whether physical restraint is warranted.

118.305(6)(a)4. 4. Instruction regarding the effects of physical restraint on the person restrained, in monitoring signs of physical distress, and in obtaining medical assistance.

118.305(6)(a)5. 5. Instruction in documenting and reporting incidents of physical restraint.

118.305(6)(a)6. 6. A requirement that the trainee demonstrate his or her ability to identify prohibited techniques in administering physical restraint.