AB682,8,137 115.80 (1) (a) 2. The parent, or the attorney representing the child, shall
8include in the request under subd. 1. or 1m. the name of the child, the address of the
9residence of the child, the name of the school the child is attending, a description of
10the nature of the problem of the child relating to the proposed or refused initiation
11or change or the use of physical restraint or timeout, including facts relating to the
12problem, and a proposed resolution of the problem to the extent known and available
13to the parents at the time.

AB682,8,2115 115.80 (2m) (a) Except as provided in par. (c), within 15 days of receiving a
16request for a hearing under sub. (1) (a) 1. or 1m. and before the hearing is conducted,
17the local educational agency shall convene a meeting with the child's parents and the
18relevant members of the individualized education program team who have specific
19knowledge of the facts identified in the hearing request. At the meeting, the child's
20parents shall discuss the hearing request and the facts that form the basis of the
21request and the local educational agency may resolve the issues.

AB682,9,223 115.80 (2m) (e) If the local educational agency does not resolve the issues
24presented by the hearing request to the satisfaction of the child's parents within 30

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1days of receipt of the request, the hearing requested under sub. (1) (a) 1. or 1m. may
2occur.

AB682,9,5 4118.305 Use of positive behavioral interventions and supports and
5aversive interventions. (1) Definitions. In this section:

AB682,9,86 (a) "Aversive intervention" means deliberate action, including physical
7restraint, seclusion, and timeout, taken by a school employee to establish a negative
8association between certain behaviors and the deliberate action.

AB682,9,109 (b) "Behavioral intervention plan" means a plan developed under s. 115.7825
10(1).

AB682,9,1111 (c) "Child" has the meaning given in s. 115.76 (3).

AB682,9,1212 (d) "Child with a disability" has the meaning given in s. 115.76 (5).

AB682,9,1913 (e) "Emergency" means a situation in which it is necessary to control a pupil's
14spontaneous or unpredictable behavior when that behavior poses a clear and present
15danger of serious physical harm to the pupil or to others and cannot be immediately
16controlled by a less restrictive technique than the one used by a school employee
17certified under sub. (4) (c). "Emergency" does not include a situation in which a pupil
18uses profanity or threatens physical harm to himself or herself or others unless the
19pupil demonstrates a means of carrying out the threat.

AB682,9,2120 (f) "High degree of negligence" means criminal negligence, as defined in s.
21939.25 (1).

AB682,9,2222 (g) "Individualized education program" has the meaning given in s. 115.76 (9).

AB682,9,2323 (h) "Local educational agency" has the meaning given in s. 115.76 (10).

AB682,9,2524 (i) "Mechanical restraint" means a device that restricts a pupil's freedom of
25movement or normal access to a portion of his or her body and that the pupil cannot

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1easily remove. "Mechanical restraint" does not include a protective or stabilizing
2device that is prescribed by a health care professional for a child with a disability in
3accordance with the child's individualized education program.

AB682,10,44 (j) "Parent" has the meaning given in s. 115.76 (12).

AB682,10,95 (k) "Physical restraint" means a restriction imposed by a person that
6immobilizes or reduces the ability of a pupil to freely move his or her arms, legs, or
7head. "Physical restraint" does not include briefly holding a pupil to calm or comfort
8the pupil, holding a pupil's hand or arm to escort the pupil safely from one area to
9another, or intervening in a fight.

AB682,10,1310 (L) "Positive behavioral interventions and supports" means a set of
11evidence-based practices used to organize teaching and learning environments and
12experiences for a pupil which facilitate the pupil's successful self-awareness,
13self-management, and engagement with others and with the learning process.

AB682,10,1714 (m) "School" means a school operated by a school district, a charter school, a
15private school in which a child with a disability is enrolled as provided in s. 115.77
16(1m) (d), a private school participating in the program under s. 119.23, and a school
17operated by a county children with disabilities education board.

AB682,10,1818 (n) "School employee" includes a person who is under contract with a school.

AB682,10,2019 (o) "Seclusion" means a behavioral control technique that involves placing a
20pupil in a setting from which the pupil is incapable of leaving.

AB682,10,2321 (p) "Timeout" means a behavioral management technique administered by a
22school employee that involves the separation of a pupil from his or her class and the
23placement of the pupil in a timeout room.

AB682,10,2524 (q) "Timeout room" means an enclosed setting, or other isolated area that is not
25a classroom, that is used for timeout and from which a pupil is capable of leaving.

AB682,11,5

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1(2) School-based resource on positive behavioral interventions and
2supports. (a) Each school shall identify at the beginning of each school year at least
3one school employee who shall serve as a school-based resource on positive
4behavioral interventions and supports. The employee identified under this
5paragraph shall do all of the following:

AB682,11,66 1. Maintain certification under sub. (4) (c).

AB682,11,77 2. Obtain certification under par. (b).

AB682,11,108 3. Assist other school employees to implement positive behavioral
9interventions and supports and safely and appropriately administer physical
10restraint and timeout in the manner authorized under this section.

AB682,11,1811 (b) The department shall establish by rule an advanced, evidence-based
12training program to be completed by the school employees identified under par. (a).
13The department shall certify in writing a school employee who successfully
14completes the training program under this paragraph and demonstrates proficiency
15in the safe, effective, and appropriate use of each behavioral control technique
16addressed by the training program. The rules promulgated under this paragraph
17shall specify the period for which certification is valid and the requirements a person
18must satisfy to renew certification under this paragraph.

AB682,11,21 19(3) Seclusion and use of certain substances prohibited; prohibited types and
20uses of physical and mechanical restraint. (a) No school employee may use
21seclusion on a pupil.

AB682,11,2422 (b) No school employee may intentionally release noxious, toxic, caustic, or
23otherwise unpleasant substances near a pupil for the purpose of controlling or
24modifying the behavior of or punishing the pupil.

AB682,12,2

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1(c) No school employee may use physical restraint on a pupil if the physical
2restraint does any of the following:

AB682,12,33 1. Fails to give adequate attention and care to the pupil's head.

AB682,12,54 2. Places pressure or weight on, or causes the compression of, the chest, lungs,
5sternum, diaphragm, back, or abdomen of the pupil.

AB682,12,66 3. Obstructs the pupil's circulation or the ability of the pupil to breathe.

AB682,12,77 4. Intentionally causes pain.

AB682,12,88 5. Subjects the pupil to ridicule, humiliation, or emotional trauma.

AB682,12,149 (d) No school employee may use physical restraint or timeout to punish a pupil,
10for the convenience of the employee or another school employee, or because there is
11an insufficient number of school employees present to enable the use of less
12restrictive alternatives, and no school employee may threaten the use of physical
13restraint or timeout to obtain a pupil's cooperation or otherwise obtain control over
14a pupil's behavior.

AB682,12,1515 (e) No school employee may use a mechanical restraint.

AB682,12,19 16(4) Training and certification required for use of physical restraint or
17timeout. (a) No school employee may use physical restraint on a pupil or impose or
18supervise timeout unless that employee has been certified by the department under
19this subsection.

AB682,12,2120 (b) The department shall establish by rule an evidence-based training program
21that includes instruction in all of the following:

AB682,12,2422 1. Positive behavioral interventions and supports, alternatives to the use of
23physical restraint and timeout, and techniques for relationship building, the
24deescalation of problem behaviors, crisis prevention, and crisis intervention.

AB682,13,2

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12. The safe, effective, and appropriate use of timeout, including instruction in
2all of the following:

AB682,13,33 a. How to identify an emergency that may indicate the need for timeout.

AB682,13,54 b. Methods for evaluating the risk or danger of physical harm in specific
5situations in order to determine whether timeout is warranted.

AB682,13,66 c. The effect of timeout on a pupil.

AB682,13,77 d. Reporting requirements when timeout is used.

AB682,13,98 e. Procedures for investigating and resolving complaints regarding the use of
9timeout.

AB682,13,1110 3. The safe, effective, and appropriate administration of physical restraint,
11including instruction in all of the following:

AB682,13,1312 a. How to identify an emergency that may indicate the need for the use of
13physical restraint.

AB682,13,1514 b. Methods for evaluating the risk of harm in specific situations in order to
15determine whether the use of physical restraint is warranted.

AB682,13,1616 c. The effects of the use of physical restraint on a pupil.

AB682,13,1817 d. Methods for ensuring the safety of a pupil and any school employees involved
18in the use of physical restraint on a pupil.

AB682,13,1919 e. Reporting requirements when physical restraint is used.

AB682,13,2120 f. Procedures for investigating and resolving complaints regarding the use of
21physical restraint.

AB682,14,322 (c) The department shall issue a certificate to a person who successfully
23completes the training program required under this subsection and demonstrates
24proficiency in the safe, effective, and appropriate use of each behavioral control
25technique addressed by the training program. Certification under this subsection

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1is valid for 24 months. The department shall renew the certification of any person
2who requests renewal and successfully recompletes the requirements for
3certification under this subsection.

AB682,14,7 4(5) Use of physical restraint. (a) 1. Before any school employee may use
5physical restraint on any pupil, the school principal or his or her designee shall
6provide the pupil's parent with a description of any physical restraint that might be
7used.

AB682,14,98 2. The use of physical restraint shall require the presence of at least 2 school
9employees certified under sub. (4) (c).

AB682,14,1310 (b) A school employee certified under sub. (4) (c) may, after reviewing and
11considering any known medical, developmental, or psychological limitations of a
12child with a disability, use physical restraint on that child in an emergency if both
13of the following apply:

AB682,14,1714 1. Other less intrusive interventions, including positive behavioral
15interventions and supports, constructive, non-physical deescalation, and
16restructuring of the child's school environment, have failed or been deemed
17inappropriate.

AB682,14,2118 2. The individualized education program of the child includes a behavioral
19intervention plan that permits the use of physical restraint and the child's parent has
20consented in writing to the use of physical restraint in the circumstances under
21which physical restraint is proposed to be used.

AB682,15,322 (c) A school employee certified under sub. (4) (c) may, after reviewing and
23considering any known medical, developmental, or psychological limitations of a
24pupil who is not a child with a disability, use physical restraint on that pupil in an
25emergency if other less intrusive interventions, including positive behavioral

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1interventions and supports, constructive, non-physical deescalation, and
2restructuring of the pupil's school environment, have failed or been deemed
3inappropriate.

AB682,15,74 (d) 1. Except as provided in subd. 2., a school employee who uses physical
5restraint on a pupil shall ensure that physical restraint is stopped as soon as the
6purpose for which it is being used is achieved but is used for no more than 15 minutes
7total in any day.

AB682,15,168 2. If the school employee determines that the use of physical restraint on a pupil
9may need to exceed 15 minutes, he or she shall, before the end of the 15 minutes
10authorized under subd. 1., communicate with the school-based resource person
11identified under sub. (2), who shall evaluate the need for the use of physical restraint
12on the pupil for more than 15 minutes and obtain the approval of the school principal
13or his or her designee prior to authorizing the school employee to use physical
14restraint for more than 15 minutes. The school employee shall comply with any
15directives issued by the school principal or his or her designee concerning the
16continued use of physical restraint.

AB682,15,2217 (e) A school employee who uses physical restraint on a pupil who uses sign
18language or an augmentative mode of communication as the pupil's primary mode
19of communication shall permit the pupil to have his or her hands free of physical
20restraint for brief periods throughout the duration of the use of physical restraint for
21the purpose of communication, unless the school employee determines that such
22freedom appears likely to result in harm to the pupil or to others.

AB682,15,25 23(6) Use of timeout. (a) Before a school employee may use a timeout on a pupil,
24the school principal or his or her designee shall provide the pupil's parent with an
25opportunity to see and enter the timeout room.

AB682,16,4

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1(b) Except as provided in par. (c), a school employee certified under sub. (4) (c)
2may, after reviewing and considering any known medical, developmental, or
3psychological limitations of a pupil, use timeout on that pupil if both of the following
4apply:

AB682,16,85 1. Other less intrusive interventions, including positive behavioral
6interventions and supports, constructive, non-physical deescalation, and
7restructuring of the pupil's school environment, have failed or been deemed
8inappropriate.

AB682,16,139 2. a. For a child with a disability, the child's individualized education program
10includes a behavioral intervention plan, the child's individualized education
11program permits the use of timeout, and the child's parent has consented in writing
12to the use of timeout in the circumstances under which timeout is proposed to be
13used.

AB682,16,1614 b. For a pupil who is not a child with a disability, the pupil's parent has
15consented in writing to the use of timeout in the circumstances under which timeout
16is proposed to be used.

AB682,16,2317 (c) A school employee certified under sub. (4) (c) may, after reviewing and
18considering any known medical, developmental, or psychological limitations of a
19pupil, use timeout on that pupil without the written consent of the pupil's parent in
20an emergency if other less intrusive interventions, including positive behavioral
21interventions and supports, constructive, non-physical deescalation, and
22restructuring of the pupil's school environment have failed or been deemed
23inappropriate.

AB682,17,824 (d) No school employee may use a room as a timeout room unless the room has
25been approved for that use by the school district if the room is located in a school

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1operated, or a charter school established, by the school district, or the state
2superintendent if the room is located in a charter school established under s. 118.40
3(2r), a private school in which a child with a disability is enrolled as provided in s.
4115.77 (1m) (d), or a private school participating in the program under s. 119.23. The
5school district or department of public instruction shall require as a condition for
6approval that a photograph of the room be submitted with the request for approval.
7No room may be approved as a timeout room unless the room satisfies all of the
8following:

AB682,17,119 1. It is free of fixtures, electrical outlets, exposed wiring or other objects that
10could be used by the pupil to harm himself or herself or others and is designed so that
11the pupil cannot climb up or upon the walls.

AB682,17,1312 2. It has an area of at least 48 square feet and a ceiling height that is comparable
13to the height of the surrounding room or rooms.

AB682,17,1514 3. It complies with all state and county fire and safety codes and is equipped
15with adequate lighting and ventilation.

AB682,17,1716 4. It affords the school employee with the means to hear and see the pupil at
17all times.

AB682,17,1918 5. If the timeout room is fitted with a door, the door either has a solid, wood core
19construction or is constructed of steel.

AB682,17,2220 (e) 1. Except as provided in subd. 2., a school employee who uses timeout on a
21pupil shall ensure that timeout is stopped as soon as the purpose for which it is being
22used is achieved but is used for no more than 15 minutes total in any day.

AB682,18,523 2. If the school employee determines that the use of timeout on a pupil may need
24to exceed 15 minutes, he or she shall, before the end of the 15 minutes authorized
25under subd. 1., communicate with the school-based resource person identified under

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1sub. (2), who shall evaluate the need for the use of timeout for more than 15 minutes
2and obtain the approval of the school principal or his or her designee prior to
3authorizing the school employee to use a timeout for more than 15 minutes. The
4school employee shall comply with any directives issued by the school principal or his
5or her designee concerning continued use of the timeout.

AB682,18,9 6(7) Parental notification and reporting following use of physical restraint
7or timeout. (a) The school principal or his or her designee shall make reasonable
8efforts to orally notify the parent of a pupil when any of the following occur as soon
9as practicable but in no event later than the end of the day of the occurrence:

AB682,18,1010 1. Physical restraint has been used on the pupil.

AB682,18,1211 2. For a pupil who does not have an individualized education program, the pupil
12has been placed in a timeout room.

AB682,18,1313 3. The pupil has been placed in a timeout room for more than 15 minutes.

AB682,18,1514 4. The pupil has been placed in a timeout room 2 or more times within any
153-hour period.

AB682,18,2016 (b) The school employee who uses physical restraint or timeout in any of the
17occurrences identified in par. (a) shall, within 24 hours after the occurrence, submit
18a written report containing the following information to the school principal or his
19or her designee, which report shall be retained by the school for review by the
20department:

AB682,18,2121 1. The date, time, and duration of the use of physical restraint or timeout.

AB682,18,2422 2. A description of the actions of the pupil before, during, and after the
23occurrence, including a discussion of the pupil's feelings about and reactions to the
24occurrence.

AB682,19,3

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13. A description of any other relevant events preceding the use of the physical
2restraint or timeout, including the justification for initiating the use of physical
3restraint or timeout.

AB682,19,44 4. The names of the school employees involved in the occurrence.