The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB468, s. 1
1Section
1. 115.76 (13m) of the statutes is created to read:
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115.76
(13m) "Physical restraint" has the meaning given in s. 118.305 (1) (k).
SB468, s. 2
3Section
2. 115.76 (16m) of the statutes is created to read:
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115.76
(16m) "Timeout" has the meaning given in s. 118.305 (1) (p).
SB468, s. 3
5Section
3. 115.76 (16o) of the statutes is created to read:
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115.76
(16o) "Timeout room" has the meaning given in s. 118.305 (1) (q).
SB468, s. 4
7Section
4. 115.7825 of the statutes is created to read:
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8115.7825 Behavioral intervention plan and functional behavioral
9assessment. (1) Behavioral intervention plan. (a) The local educational agency
10shall ensure that a behavioral intervention plan is prepared for a child with a
11disability who has not responded to the behavioral approaches specified in the child's
12individualized education program or who exhibits any of the following behaviors:
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1. Assaultive or self-injurious behavior.
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2. Behavior that causes property damage.
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3. Behavior that significantly interferes with the implementation of the child's
16individualized education program.
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(b) A behavioral intervention plan prepared under this subsection shall include
18all of the following:
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1. Baseline information about the behaviors of the child that are of a type
20described in par. (a) 1. to 3. obtained through the functional behavioral assessment
21conducted under sub. (2).
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2. Intervention strategies to be used to minimize the occurrence of each
23behavior identified in subd. 1.
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3. Recommendations for teaching and reinforcing appropriate alternative and
25adaptive behaviors.
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14. Criteria to determine the effectiveness of the interventions under subd. 2.
2and the alternative and adaptive behaviors under subd. 3. The criteria under this
3subdivision shall measure the frequency, duration, and intensity of each behavior
4identified under subd. 1.
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5. A schedule for monitoring and reporting on the implementation and
6effectiveness of the plan prepared under this subsection. The monitoring required
7under this subdivision shall identify any indirect or collateral effects of the use of
8aversive interventions on the child with a disability, including increases in
9aggressive or escape behaviors, health-related effects, and emotional reactions.
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(c) A behavioral intervention plan may authorize the use of physical restraint
11or timeout on a child with a disability consistent with the requirements under s.
12118.305 if the child's parent consents in writing as provided under this paragraph.
13The local educational agency shall provide the parent with a copy of the written
14consent and shall retain the original written consent in its records for the child.
15Consent under this paragraph is valid for 12 months beginning on the date on which
16consent is given unless withdrawn by the parent of the child. A parent may withdraw
17consent at any time for any reason. To obtain consent under this paragraph, the local
18educational agency shall do all of the following:
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1. Provide the parent with specific, complete, and accurate information in the
20parent's native language about all of the following:
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a. The purposes for which the physical restraint or timeout will be used.
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b. The manner in which physical restraint or timeout may be administered.
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c. Any expected side effects or risks of side effects from the use of physical
24restraint or timeout.
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1d. Alternative behavioral management techniques that may be used prior to
2or instead of physical restraint or timeout.
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e. Any possible or probable consequences of withholding consent to use physical
4restraint or timeout.
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f. The period for which consent is effective and the fact that the parent may
6withdraw consent at any time for any reason.
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2. Provide the parent with a description, in the parent's native language, of
8each physical restraint that may be used.
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3. Provide the parent with an opportunity to see and enter the timeout room.
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4. Provide the parent with sufficient time, but at least 24 hours, to review and
11consider the information presented under subds. 1. to 3. and to ask questions before
12requesting the parent to give consent.