118.30(5m)
(5m) When determining the percentage of pupils participating in the program under
s. 119.23 who performed at designated proficiency levels on the examinations administered as required under
sub. (1s), the department shall consider only the pupils participating in the program under
s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under
s. 119.23 who were excused from taking the examinations under
sub. (2) (b) 5.
118.30(6)
(6) A school board and an operator of a charter school under
s. 118.40 (2r) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under
sub. (1) if the school board or the operator of the charter school administers its own 4th and 8th grade examinations, the school board or operator of the charter school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under
sub. (1), and the federal department of education approves.
118.30(7)
(7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under
sub. (1m) regardless of the location of the charter school.
118.30 History
History: 1991 a. 269;
1993 a. 16,
367;
1995 a. 27 ss.
3971b to
3971yd,
9145 (1);
1997 a. 27,
164,
237;
1999 a. 9,
19,
32,
185,
186;
2001 a. 16,
109;
2003 a. 33;
2009 a. 28,
60;
2011 a. 32,
105.
118.30 Cross-reference
Cross-reference: See also ch.
PI 28, Wis. adm. code.
118.305
118.305
Use of seclusion and physical restraint. 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.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 a school.
118.305 Note
NOTE: Par. (e) was created as par. (c) by
2011 Wis. Act 125 and renumbered to par. (e) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
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.
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.
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)(f)
(f) The covered individual does not use a mechanical or chemical restraint on the pupil. 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, does not constitute the use of a mechanical restraint.
118.305(4)
(4) Notification and reporting following use of seclusion or physical restraint. 118.305(4)(a)(a) Whenever seclusion or physical restraint is used 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 present during the incident, prepare a written report containing all of the following information:
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 present during the incident.
118.305(4)(b)
(b) Each report prepared under
par. (a) 2. shall be retained by the school and made available for review by the pupil's parent within 3 business days of the incident.
118.305(4)(c)
(c) Annually by September 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 and of physical restraint 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 and the number of children with disabilities who were involved in the incidents.
118.305(5)
(5) Child with a disability. The first time that seclusion or physical restraint is used on a child with a disability, the child's individualized education program team shall convene in the manner provided in
s. 115.787 (4) as soon as possible after the incident. The child's individualized education program team shall review the child's individualized education program to ensure that it contains appropriate positive behavioral interventions and supports and other strategies to address the behavior of concern, as provided in
s. 115.787 (2) (i), and revise it if necessary.
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 in the use of physical restraint that includes all of the following components:
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)3.
3. Experience in administering and receiving various types of physical restraint.
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 proficiency in administering physical restraint.
118.305(6)(b)
(b) The governing body shall ensure that all of the following apply in each school that it operates in which physical restraint is used:
118.305(6)(b)1.
1. At least one covered individual has received training in the use of physical restraint under
par. (a).
118.305(6)(b)2.
2. The school maintains a record of the training received by the covered individual under
par. (a), including the period during which the training is considered valid by the entity that trained the covered individual.
118.305(6)(c)
(c) A covered individual who has not received training in the use of physical restraint under
par. (a) may use physical restraint on a pupil at school only in an emergency and only if a covered individual who has received training in the use of physical restraint under
par. (a) is not immediately available due to the unforeseen nature of the emergency.
118.305(7)
(7) Construction. Nothing in this section prohibits a covered individual from doing any of the following at school if the pupil is not confined to an area from which he or she is physically prevented from leaving:
118.305(7)(a)
(a) Directing a pupil who is disruptive to temporarily separate himself or herself from the general activity in the classroom to allow the pupil to regain behavioral control and the covered individual to maintain or regain classroom order.
118.305(7)(b)
(b) Directing a pupil to temporarily remain in the classroom to complete tasks while other pupils participate in activities outside the classroom.
118.305(7)(c)
(c) Briefly touching or holding a pupil's hand, arm, shoulder, or back to calm, comfort, or redirect the pupil.
118.305 History
History: 2011 a. 125, s. 13.92 (1) (bm) 2.
118.31
118.31
Corporal punishment. 118.31(1)(1) In this section, "corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under
s. 115.787 or reasonable physical activities associated with athletic training.
118.31(2)
(2) Except as provided in
sub. (3), no official, employee or agent of a school board may subject a pupil enrolled in the school district to corporal punishment.
118.31(3)
(3) Subsection (2) does not prohibit an official, employee or agent of a school board from:
118.31(3)(a)
(a) Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person.
118.31(3)(b)
(b) Using reasonable and necessary force to obtain possession of a weapon or other dangerous object within a pupil's control.
118.31(3)(c)
(c) Using reasonable and necessary force for the purpose of self-defense or the defense of others under
s. 939.48.
118.31(3)(d)
(d) Using reasonable and necessary force for the protection of property under
s. 939.49.
118.31(3)(e)
(e) Using reasonable and necessary force to remove a disruptive pupil from a school premises or motor vehicle, as defined in
s. 125.09 (2) (a) 1. and
4., or from school-sponsored activities.
118.31(3)(f)
(f) Using reasonable and necessary force to prevent a pupil from inflicting harm on himself or herself.
118.31(3)(g)
(g) Using reasonable and necessary force to protect the safety of others.
118.31(3)(h)
(h) Using incidental, minor or reasonable physical contact designed to maintain order and control.
118.31(4)
(4) Each school board shall adopt a policy that allows any official, employee or agent of the school board to use reasonable and necessary force for the purposes of
sub. (3) (a) to
(h). In determining whether or not a person was acting within the exceptions in
sub. (3), deference shall be given to reasonable, good faith judgments made by an official, employee or agent of a school board.
118.31(5)
(5) Except as provided in
s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or their officials, employees or agents for damages arising out of claims involving allegations of improper or unnecessary use of force by school employees against students.
118.31(6)
(6) Nothing in this section shall prohibit, permit or otherwise affect any action taken by an official, employee or agent of a school board with regard to a person who is not a pupil enrolled in the school district.
118.31(7)
(7) Nothing in this section abrogates or restricts any statutory or common law defense to prosecution for any crime.
118.31 Note
NOTE: This section was created by
1987 Wis. Act 303. Section 1 of that act is entitled "Legislative findings and purpose".
