State law requires districts to adopt policies limiting use of restraint and seclusion that include comprehensive student protections, including the provision of mandatory training for school personnel.
Wisconsin Statutes 115.787 Individualized education programs.
- When periodic reports, such as quarterly reports or other periodic reports issued concurrently with report cards, on the child’s progress toward attaining the annual goals described in par. (b) will be provided to the child’s parents.
- (i) If the individualized education program team determines that the use of seclusion, as defined in s. 118.305 (1) (i), or physical restraint, as defined in s. 118.305 (1) (g), may reasonably be anticipated for the child, appropriate positive interventions and supports and other strategies that address the behavior of concern and that comply with all of the following:
- The interventions, supports, and other strategies are based upon a functional behavior assessment of the behavior of concern.
- The interventions, supports, and other strategies incorporate the use of the term “seclusion” or “physical restraint.”
- The interventions, supports, and other strategies include positive behavioral supports.
Wisconsin Statutes 118.305 Use of seclusion and physical restraint
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 in the use of physical restraint that includes all of the following components:
- 1. Methods of preventing the need for 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.
- 3. Experience in administering and receiving various types of physical restraint.
- 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 proficiency 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 in the use of physical restraint 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 in the use of physical restraint 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 in the use of physical restraint under par. (a) is not immediately available due to the unforeseen nature of the emergency.