Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB601 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-4644/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 601
5	5	October 31, 2023 - Introduced by Representatives GUSTAFSON, MURPHY, MOSES,
6	6	O'CONNOR, SCHMIDT and B RANDTJEN, cosponsored by Senators
7	7	CABRAL-GUEVARA, STROEBEL and TOMCZYK. Referred to Committee on
8	8	Education.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 118.305 (1) (dm), 118.305 (2) (a), 118.305 (2) (e), 118.305 (3) (a)
11	11	and 118.305 (3) (c) of the statutes; relating to: the seclusion and restraint of
12	12	pupils.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, individuals who work in a public school, including a charter
15	15	school, or a private school participating in the Special Needs Scholarship Program
16	16	may use seclusion or physical restraint on a pupil at school only if certain conditions
17	17	are met. One of the conditions is that the pupil's behavior must present a clear,
18	18	present, and imminent risk to the physical safety of the pupil or others. Other
19	19	conditions are that, for purposes of seclusion, the seclusion may only last for as long
20	20	as is necessary to resolve the risk of physical safety to the pupil or others and, for
21	21	purposes of physical restraint, the degree of force and the duration of the restraint
22	22	may only be what is necessary to resolve the risk of physical safety to the pupil or
23	23	others. This bill changes these conditions to include pupil behavior that presents a
24	24	clear, present, and imminent risk of serious emotional distress for the pupil or others
25	25	or creates a considerable disruption to a classroom or other learning environment.
26	26	In other words, under the bill, an individual who works in a public school or an SNSP
27	27	school may use seclusion or physical restraint on a pupil if the pupil's behavior
28	28	presents a clear, present, and imminent risk to the physical safety of the pupil or
29	29	others, presents a clear, present, and imminent risk of serious emotional distress for
30	30	the pupil or others, or creates a considerable disruption to a classroom or other
31	31	learning environment, and may use the seclusion or physical restraint for only as
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34	34	3 - 2 -2023 - 2024 Legislature LRB-4644/1
35	35	FFK:skw
36	36	ASSEMBLY BILL 601
37	37	long as is necessary to resolve the risk of physical safety or serious emotional distress
38	38	or the considerable disruption to the classroom or learning environment.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 118.305 (1) (dm) of the statutes is amended to read:
42	42	118.305 (1) (dm) “Incident” means an occurrence of a covered individual or a
43	43	law enforcement officer using seclusion or physical restraint on a pupil. It is
44	44	considered one incident if immediately following the use of seclusion or physical
45	45	restraint on a pupil, the pupil's behavior presents a clear, present, and imminent risk
46	46	to the physical safety of the pupil or others, presents a clear, present, and imminent
47	47	risk of serious emotional distress for the pupil or others, or creates a considerable
48	48	disruption to a classroom or other learning environment, and a covered individual
49	49	or law enforcement officer resumes the use of seclusion or physical restraint.
50	50	SECTION 2. 118.305 (2) (a) of the statutes is amended to read:
51	51	118.305 (2) (a) The pupil's behavior presents a clear, present, and imminent
52	52	risk to the physical safety of the pupil or others, presents a clear, present, and
53	53	imminent risk of serious emotional distress for the pupil or others, or creates a
54	54	considerable disruption to a classroom or other learning environment, and it is the
55	55	least restrictive intervention feasible.
56	56	SECTION 3. 118.305 (2) (e) of the statutes is amended to read:
57	57	118.305 (2) (e) The duration of the seclusion is only as long as necessary to
58	58	resolve the clear, present, and imminent risk to the physical safety of the pupil or
59	59	others, the clear, present, and imminent risk of serious emotional distress for the
60	60	pupil or others, or the considerable disruption to a classroom or other learning
61	61	environment.
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83	83	LRB-4644/1
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85	85	SECTION 4
86	86	ASSEMBLY BILL 601
87	87	SECTION 4. 118.305 (3) (a) of the statutes is amended to read:
88	88	118.305 (3) (a) The pupil's behavior presents a clear, present, and imminent
89	89	risk to the physical safety of the pupil or others, presents a clear, present, and
90	90	imminent risk of serious emotional distress for the pupil or others, or creates a
91	91	considerable disruption to a classroom or other learning environment, and it is the
92	92	least restrictive intervention feasible.
93	93	SECTION 5. 118.305 (3) (c) of the statutes is amended to read:
94	94	118.305 (3) (c) The degree of force used and the duration of the physical
95	95	restraint do not exceed the degree and duration that are reasonable and necessary
96	96	to resolve the clear, present, and imminent risk to the physical safety of the pupil or
97	97	others, the clear, present, and imminent risk of serious emotional distress for the
98	98	pupil or others, or the considerable disruption to a classroom or other learning
99	99	environment.
100	100	SECTION 6.0Effective date.
101	101	(1) This act takes effect on the first July 1 after publication.
102	102	(END)
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