AB682,13,21 f. Procedures for investigating and resolving complaints regarding the use of physical restraint.

AB682,14,3 (c) The department shall issue a certificate to a person who successfully completes the training program required under this subsection and demonstrates proficiency in the safe, effective, and appropriate use of each behavioral control technique addressed by the training program. Certification under this subsection is valid for 24 months. The department shall renew the certification of any person who requests renewal and successfully recompletes the requirements for certification under this subsection.

AB682,14,7 (5) Use of physical restraint. (a) 1. Before any school employee may use physical restraint on any pupil, the school principal or his or her designee shall provide the pupil's parent with a description of any physical restraint that might be used.

AB682,14,9 2. The use of physical restraint shall require the presence of at least 2 school employees certified under sub. (4) (c).

AB682,14,13 (b) A school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a child with a disability, use physical restraint on that child in an emergency if both of the following apply:

AB682,14,17 1. Other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the child's school environment, have failed or been deemed inappropriate.

AB682,14,21 2. The individualized education program of the child includes a behavioral intervention plan that permits the use of physical restraint and the child's parent has consented in writing to the use of physical restraint in the circumstances under which physical restraint is proposed to be used.

AB682,15,3 (c) A school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a pupil who is not a child with a disability, use physical restraint on that pupil in an emergency if other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the pupil's school environment, have failed or been deemed inappropriate.

AB682,15,7 (d) 1. Except as provided in subd. 2., a school employee who uses physical restraint on a pupil shall ensure that physical restraint is stopped as soon as the purpose for which it is being used is achieved but is used for no more than 15 minutes total in any day.

AB682,15,16 2. If the school employee determines that the use of physical restraint on a pupil may need to exceed 15 minutes, he or she shall, before the end of the 15 minutes authorized under subd. 1., communicate with the school-based resource person identified under sub. (2), who shall evaluate the need for the use of physical restraint on the pupil for more than 15 minutes and obtain the approval of the school principal or his or her designee prior to authorizing the school employee to use physical restraint for more than 15 minutes. The school employee shall comply with any directives issued by the school principal or his or her designee concerning the continued use of physical restraint.

AB682,15,22 (e) A school employee who uses physical restraint on a pupil who uses sign language or an augmentative mode of communication as the pupil's primary mode of communication shall permit the pupil to have his or her hands free of physical restraint for brief periods throughout the duration of the use of physical restraint for the purpose of communication, unless the school employee determines that such freedom appears likely to result in harm to the pupil or to others.

AB682,15,25 (6) Use of timeout. (a) Before a school employee may use a timeout on a pupil, the school principal or his or her designee shall provide the pupil's parent with an opportunity to see and enter the timeout room.

AB682,16,4 (b) Except as provided in par. (c), a school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a pupil, use timeout on that pupil if both of the following apply:

AB682,16,8 1. Other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the pupil's school environment, have failed or been deemed inappropriate.

AB682,16,13 2. a. For a child with a disability, the child's individualized education program includes a behavioral intervention plan, the child's individualized education program permits the use of timeout, and the child's parent has consented in writing to the use of timeout in the circumstances under which timeout is proposed to be used.

AB682,16,16 b. For a pupil who is not a child with a disability, the pupil's parent has consented in writing to the use of timeout in the circumstances under which timeout is proposed to be used.

AB682,16,23 (c) A school employee certified under sub. (4) (c) may, after reviewing and considering any known medical, developmental, or psychological limitations of a pupil, use timeout on that pupil without the written consent of the pupil's parent in an emergency if other less intrusive interventions, including positive behavioral interventions and supports, constructive, non-physical deescalation, and restructuring of the pupil's school environment have failed or been deemed inappropriate.

AB682,17,8 (d) No school employee may use a room as a timeout room unless the room has been approved for that use by the school district if the room is located in a school operated, or a charter school established, by the school district, or the state superintendent if the room is located in a charter school established under s. 118.40 (2r), a private school in which a child with a disability is enrolled as provided in s. 115.77 (1m) (d), or a private school participating in the program under s. 119.23. The school district or department of public instruction shall require as a condition for approval that a photograph of the room be submitted with the request for approval. No room may be approved as a timeout room unless the room satisfies all of the following:

AB682,17,11 1. It is free of fixtures, electrical outlets, exposed wiring or other objects that could be used by the pupil to harm himself or herself or others and is designed so that the pupil cannot climb up or upon the walls.

AB682,17,13 2. It has an area of at least 48 square feet and a ceiling height that is comparable to the height of the surrounding room or rooms.

AB682,17,15 3. It complies with all state and county fire and safety codes and is equipped with adequate lighting and ventilation.

AB682,17,17 4. It affords the school employee with the means to hear and see the pupil at all times.

AB682,17,19 5. If the timeout room is fitted with a door, the door either has a solid, wood core construction or is constructed of steel.

AB682,17,22 (e) 1. Except as provided in subd. 2., a school employee who uses timeout on a pupil shall ensure that timeout is stopped as soon as the purpose for which it is being used is achieved but is used for no more than 15 minutes total in any day.

AB682,18,5 2. If the school employee determines that the use of timeout on a pupil may need to exceed 15 minutes, he or she shall, before the end of the 15 minutes authorized under subd. 1., communicate with the school-based resource person identified under sub. (2), who shall evaluate the need for the use of timeout for more than 15 minutes and obtain the approval of the school principal or his or her designee prior to authorizing the school employee to use a timeout for more than 15 minutes. The school employee shall comply with any directives issued by the school principal or his or her designee concerning continued use of the timeout.

AB682,18,9 (7) Parental notification and reporting following use of physical restraint or timeout. (a) The school principal or his or her designee shall make reasonable efforts to orally notify the parent of a pupil when any of the following occur as soon as practicable but in no event later than the end of the day of the occurrence:

AB682,18,10 1. Physical restraint has been used on the pupil.

AB682,18,12 2. For a pupil who does not have an individualized education program, the pupil has been placed in a timeout room.

AB682,18,13 3. The pupil has been placed in a timeout room for more than 15 minutes.