118.30(2)(b)6.
6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under
s. 118.60 shall excuse the pupil from taking an examination administered under
sub. (1t) (a) to
(cm) or
s. 118.301 (3).
118.30(2)(c)
(c) The results of examinations administered under this section or under
20 USC 6311 (b) (3) to pupils enrolled in public schools, including charter schools, may not be used as the sole reason to discharge, suspend, or formally discipline a teacher or as the sole reason for the nonrenewal of a teacher's contract.
118.30(2)(d)
(d) The results of examinations under this section may not be used in determining general or categorical aids to school districts.
118.30(3)(a)(a) The state superintendent shall allow a person to view an examination required to be administered under this section if the person submits to the state superintendent a written request to do so within 90 days after the date of administration of the examination. This paragraph does not apply while an examination is being developed or validated.
118.30(3)(b)
(b) The state superintendent shall promulgate rules establishing procedures to administer
par. (a). To the extent feasible, the rules shall protect the security and confidentiality of the examinations required to be administered under this section.
118.30(4)
(4) The department shall study the utility of administering technology-based performance assessments to pupils.
118.30(5)
(5) Beginning in the 2014-15 school year, the department shall ensure that benchmark assessments are administered to pupils annually under this section prior to the administration of summative assessments under this section.
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) or
s. 118.301 (3), 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) or
(2x) is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under
sub. (1) or authorized under
s. 118.301 (3) 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 submits the examination results to the University of Wisconsin-Madison Value-Added Research Center to conduct statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under
sub. (1), the University of Wisconsin-Madison Value-Added Research Center provides the statistical correlations to the state superintendent, 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) or
s. 118.301 (3) 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;
2013 a. 20,
237;
2015 a. 55.
118.30 Cross-reference
Cross-reference: See also ch.
PI 28, Wis. adm. code.
118.301
118.301
Alternative pupil assessments. 118.301(1)
(1) In this section, “research center" means the University of Wisconsin-Madison Value-Added Research Center.
118.301(2)(a)(a) Within 30 days after the release of funds under
s. 115.28 (9m) (b), the department shall request from the research center a list of nationally recognized, norm-referenced alternative examinations determined by the research center to be acceptable for statistical comparison with examinations adopted or approved under
s. 118.30 (1). Within 180 days of the release of funds under
s. 115.28 (9m) (b), the research center shall evaluate and approve at least 3 and no more than 5 of the examinations and shall submit the list of approved examinations to the department. The research center shall submit under this paragraph only those examinations that are consistent with the following parameters:
118.301(2)(a)1.
1. The examination aligns sufficiently with content standards established for examinations adopted or approved under
s. 118.30 (1).
118.301(2)(a)2.
2. The examination is comprised of a variety of testing methodologies, including multiple choice and short answer, to assess a range of student skills.
118.301(2)(a)3.
3. The examination includes accommodations or alternative assessments for students enrolled in a special education program under
subch. V of ch. 115.
118.301(2)(a)4.
4. The examination provider makes available translations for limited-English proficient pupils, as defined in
s. 115.955 (7).
118.301(2)(a)5.
5. The examination may be administered in a variety of modes, including with paper and pencil, in an online format, in a fixed form format, and in an adaptive format.
118.301(2)(a)6.
6. The examination has internal consistency reliability coefficients of at least 0.8.
118.301(2)(b)
(b) An examination approved under this subsection may be administered only by a school that notifies the department of its intent to administer the examination.
118.301(3)(a)(a) Notwithstanding
s. 118.30 (1m), beginning in the first full school year following the date on which the research center submitted the list of approved examinations to the department under
sub. (2) (a), a school board is not required to administer an examination adopted or approved by the state superintendent under
s. 118.30 (1) in any grade for which an examination is required to be administered under
s. 118.30 if the school board administers in that grade an alternative examination approved by the research center under
sub. (2). If the school board elects to administer an alternative examination under this paragraph, the school board shall notify the department of its intent to administer the examination and shall publish that fact and information about the examination on the school's Internet site.
118.301(3)(b)
(b) Notwithstanding
s. 118.30 (1r), beginning in the first full school year following the date on which the research center submitted the list of approved examinations to the department under
sub. (2) (a), an operator of a charter school under
s. 118.40 (2r) or
(2x) is not required to administer an examination adopted or approved by the state superintendent under
s. 118.30 (1) in any grade for which an examination is required to be administered under
s. 118.30 if the operator administers in that grade an alternative examination approved by the research center under
sub. (2). If the operator of the charter school elects to administer an alternative examination under this paragraph, the operator shall notify the department of its intent to administer the examination and shall publish that fact and information about the examination on the school's Internet site.
118.301(3)(c)
(c) Notwithstanding
s. 118.30 (1s), beginning in the first full school year following the date on which the research center submitted the list of approved examinations to the department under
sub. (2) (a), the governing body of each private school participating in the program under
s. 119.23 that is required to administer an examination under
s. 118.30 (1s) is not required to administer an examination adopted or approved by the state superintendent under
s. 118.30 (1) in any grade for which an examination is required to be administered under
s. 118.30 if the governing body administers in that grade an alternative examination approved by the research center under
sub. (2). If the governing body of the private school elects to administer an alternative examination under this paragraph, the governing body shall notify the department of its intent to administer the examination and shall publish that fact and information about the examination on the school's Internet site.
118.301(3)(d)
(d) Notwithstanding
s. 118.30 (1t), beginning in the first full school year following the date on which the research center submitted the list of approved examinations to the department under
sub. (2) (a), the governing body of a private school participating in a program under
s. 118.60 that is required to administer an examination under
s. 118.30 (1t) is not required to administer an examination adopted or approved by the state superintendent under
s. 118.30 (1) in any grade for which an examination is required to be administered under
s. 118.30 if the governing body administers in that grade an alternative examination approved by the research center under
sub. (2). If the governing body of the private school elects to administer an alternative examination under this paragraph, the governing body shall notify the department of its intent to administer the examination and shall publish that fact and information about the examination on the school's Internet site.
118.301(3)(e)
(e) If a school administers an alternative examination in any grade under this subsection, and if the cost of the alternative examination exceeds the cost of the examination adopted or approved by the state superintendent for that grade, the school board, operator, or governing body of the school is responsible for the difference between the cost of the examination adopted or approved by the state superintendent for that grade and the cost of the alternative examination for that grade.
118.301(4)(a)(a) If a school board, an operator of a charter school under
s. 118.40 (2r) or
(2x), or the governing body of a private school participating in a program under
s. 118.60 or
119.23 administers an alternative examination under
sub. (3), the school board, operator, or governing body shall submit the examination results to the research center.
118.301(4)(b)
(b) The research center shall review all examination results received under
par. (a) and statistically equate them to the pupil examinations required under
s. 118.30. The research center shall provide the examination data, as statistically equated, to the school board, operator, or governing body and to the department. The department shall use data received under this subsection to determine a school's performance or school district's improvement under
s. 115.385.
118.301 History
History: 2015 a. 55.
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(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.
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.
