SB468,4,1817 (b) A behavioral intervention plan prepared under this subsection shall include
18all of the following:
SB468,4,2119 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).
SB468,4,2322 2. Intervention strategies to be used to minimize the occurrence of each
23behavior identified in subd. 1.
SB468,4,2524 3. Recommendations for teaching and reinforcing appropriate alternative and
25adaptive behaviors.
SB468,5,4
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.
SB468,5,95 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.
SB468,5,1810 (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16consent is given unless withdrawn by the parent of the child.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:
SB468,5,2019 1. Provide the parent with specific, complete, and accurate information in the
20parent's native language about all of the following:
SB468,5,2121 a. The purposes for which the physical restraint or timeout will be used.
SB468,5,2222 b. The manner in which physical restraint or timeout may be administered.
SB468,5,2423 c. Any expected side effects or risks of side effects from the use of physical
24restraint or timeout.
SB468,6,2
1d. Alternative behavioral management techniques that may be used prior to
2or instead of physical restraint or timeout.
SB468,6,43 e. Any possible or probable consequences of withholding consent to use physical
4restraint or timeout.
SB468,6,65 f. The period for which consent is effective and the fact that the parent may
6withdraw consent at any time for any reason.
SB468,6,87 2. Provide the parent with a description, in the parent's native language, of
8each physical restraint that may be used.
SB468,6,99 3. Provide the parent with an opportunity to see and enter the timeout room.
SB468,6,1210 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.
SB468,6,18 13(2) Functional behavioral assessment. (a) The local educational agency shall
14arrange for a functional behavioral assessment to be conducted for each child with
15a disability for whom a behavior intervention plan is required under sub. (1). The
16functional behavioral assessment shall establish a baseline measure of the child's
17behaviors that are of a type described in sub. (1) (a) 1. to 3. and shall contain all of
18the following information:
SB468,6,1919 1. A description of each behavior in concrete terms.
SB468,6,2220 2. The frequency and duration of each behavior described in subd. 1. and the
21manner in which the behavior changes in intensity over the course of the day or with
22changes in variables including the child's activity or setting or the presence of others.
SB468,6,2423 3. An identification of the significant factors, including contextual, cognitive,
24and affective factors that contribute to each behavior described in subd. 1.
SB468,7,6
14. A hypothesis describing the purpose the behavior described in subd. 1. serves
2for the child, the conditions under which the behavior described in subd. 1. usually
3occurs, and the probable actions or inactions of others that serve to perpetuate the
4behavior, provided in sufficient detail that the hypothesis may form the basis for
5recommendations to be included in a behavioral intervention plan prepared under
6sub. (1).
SB468,7,117 (b) A functional behavioral assessment conducted under this section shall be
8based on multiple sources of data, including information obtained from direct
9observation of the child with a disability by the child's teachers and related service
10providers, information obtained from the child, the child's parent, and any relevant
11community treatment providers of the child, and a review of the child's pupil records.
SB468, s. 5 12Section 5. 115.787 (2) (i) of the statutes is created to read:
SB468,7,1313 115.787 (2) (i) If required under s. 115.7825, a behavioral intervention plan.
SB468, s. 6 14Section 6. 115.797 (1) (a) of the statutes is amended to read:
SB468,7,2115 115.797 (1) (a) "Dispute" means any disagreement between parties concerning
16the proposal or refusal to initiate or change the evaluation, individualized education
17program or educational placement of a child with a disability or the provision of a free
18appropriate public education to or the use of physical restraint or timeout on such
19a child. "Dispute" includes any such disagreement between parties that arises before
20the filing of a request for a hearing under s. 115.80 or in which other processes,
21including a hearing under s. 115.80 or litigation, have been requested or commenced.
SB468, s. 7 22Section 7. 115.80 (1) (a) 1m. of the statutes is created to read:
SB468,8,523 115.80 (1) (a) 1m. A parent, or the attorney representing the child, may file a
24written request for a hearing within one year after the parent learns of the use by
25the local educational agency of physical restraint or timeout on the parent's child,

1except that, if the local educational agency has not previously provided the parent
2or the attorney representing the child with notice of the right to request a hearing
3under this subdivision, he or she may file a request under this subdivision within one
4year after the local educational agency provides the notice. The division shall
5develop a model form to assist parents in filing a request under this subdivision.
SB468, s. 8 6Section 8. 115.80 (1) (a) 2. of the statutes is amended to read:
SB468,8,137 115.80 (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.
SB468, s. 9 14Section 9. 115.80 (2m) (a) of the statutes is amended to read:
SB468,8,2115 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.
SB468, s. 10 22Section 10. 115.80 (2m) (e) of the statutes is amended to read:
SB468,9,223 115.80 (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

1days of receipt of the request, the hearing requested under sub. (1) (a) 1. or 1m. may
2occur.
SB468, s. 11 3Section 11. 118.305 of the statutes is created to read:
SB468,9,5 4118.305 Use of positive behavioral interventions and supports and
5aversive interventions.
(1) Definitions. In this section:
SB468,9,86 (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.
SB468,9,109 (b) "Behavioral intervention plan" means a plan developed under s. 115.7825
10(1).
SB468,9,1111 (c) "Child" has the meaning given in s. 115.76 (3).
SB468,9,1212 (d) "Child with a disability" has the meaning given in s. 115.76 (5).
SB468,9,1913 (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.
SB468,9,2120 (f) "High degree of negligence" means criminal negligence, as defined in s.
21939.25 (1).
SB468,9,2222 (g) "Individualized education program" has the meaning given in s. 115.76 (9).
SB468,9,2323 (h) "Local educational agency" has the meaning given in s. 115.76 (10).
SB468,9,2524 (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

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.
SB468,10,44 (j) "Parent" has the meaning given in s. 115.76 (12).
SB468,10,95 (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.
SB468,10,1310 (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.
SB468,10,1714 (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.
SB468,10,1818 (n) "School employee" includes a person who is under contract with a school.
SB468,10,2019 (o) "Seclusion" means a behavioral control technique that involves placing a
20pupil in a setting from which the pupil is incapable of leaving.
SB468,10,2321 (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.
SB468,10,2524 (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.
SB468,11,5
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:
SB468,11,66 1. Maintain certification under sub. (4) (c).
SB468,11,77 2. Obtain certification under par. (b).
SB468,11,108 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.
SB468,11,1811 (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.
SB468,11,21 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.
SB468,11,2422 (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.
SB468,12,2
1(c) No school employee may use physical restraint on a pupil if the physical
2restraint does any of the following:
SB468,12,33 1. Fails to give adequate attention and care to the pupil's head.
SB468,12,54 2. Places pressure or weight on, or causes the compression of, the chest, lungs,
5sternum, diaphragm, back, or abdomen of the pupil.
SB468,12,66 3. Obstructs the pupil's circulation or the ability of the pupil to breathe.
SB468,12,77 4. Intentionally causes pain.
SB468,12,88 5. Subjects the pupil to ridicule, humiliation, or emotional trauma.
SB468,12,149 (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.
SB468,12,1515 (e) No school employee may use a mechanical restraint.
SB468,12,19 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.
SB468,12,2120 (b) The department shall establish by rule an evidence-based training program
21that includes instruction in all of the following:
SB468,12,2422 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.
SB468,13,2
12. The safe, effective, and appropriate use of timeout, including instruction in
2all of the following:
SB468,13,33 a. How to identify an emergency that may indicate the need for timeout.
SB468,13,54 b. Methods for evaluating the risk or danger of physical harm in specific
5situations in order to determine whether timeout is warranted.
SB468,13,66 c. The effect of timeout on a pupil.
SB468,13,77 d. Reporting requirements when timeout is used.
SB468,13,98 e. Procedures for investigating and resolving complaints regarding the use of
9timeout.
SB468,13,1110 3. The safe, effective, and appropriate administration of physical restraint,
11including instruction in all of the following:
SB468,13,1312 a. How to identify an emergency that may indicate the need for the use of
13physical restraint.
SB468,13,1514 b. Methods for evaluating the risk of harm in specific situations in order to
15determine whether the use of physical restraint is warranted.
SB468,13,1616 c. The effects of the use of physical restraint on a pupil.
SB468,13,1817 d. Methods for ensuring the safety of a pupil and any school employees involved
18in the use of physical restraint on a pupil.
SB468,13,1919 e. Reporting requirements when physical restraint is used.
SB468,13,2120 f. Procedures for investigating and resolving complaints regarding the use of
21physical restraint.
SB468,14,322 (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

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.
SB468,14,7 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.
SB468,14,98 2. The use of physical restraint shall require the presence of at least 2 school
9employees certified under sub. (4) (c).
SB468,14,1310 (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:
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