Wis. Stat. § 118.305 — WI Code / Chapter 118 / Section 118.305
Section 118.305
Status: in_force

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.

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:

a. The LEA placed pupil’s name.

b. The date, time, and duration of the use of seclusion or physical restraint.

c. A description of the incident, including a description of the actions of the pupil before, during, and after the incident.

d. The names and titles of the covered individuals and any law enforcement officers who were present during the incident.

(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:

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.

2. Hand deliver the report to the LEA placed pupil’s parent and to the local educational agency.

(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:

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

(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.

(6) Physical restraint; training.

(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:

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

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

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.

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

5. Instruction in documenting and reporting incidents of physical restraint.

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

(b) The governing body shall ensure that all of the following apply in each school that it operates in which physical restraint is used:

1. At least one covered individual has received training under par. (a) .

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.

(c) A covered individual who has not received training 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 under par. (a) is not immediately available due to the unforeseen nature of the emergency.

(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:

(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.

(b) Directing a pupil to temporarily remain in the classroom to complete tasks while other pupils participate in activities outside the classroom.

(c) Briefly touching or holding a pupil’s hand, arm, shoulder, or back to calm, comfort, or redirect the pupil.

History: 2011 a. 125 ; 2013 a. 168 s. 20 ; 2015 a. 55 ; 2019 a. 118 .