LRB-4644/1
FFK:skw
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 601
October 31, 2023 - Introduced by Representatives GUSTAFSON, MURPHY, MOSES,
O'CONNOR, SCHMIDT and B RANDTJEN, cosponsored by Senators
CABRAL-GUEVARA, STROEBEL and TOMCZYK. Referred to Committee on
Education.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 118.305 (1) (dm), 118.305 (2) (a), 118.305 (2) (e), 118.305 (3) (a)
and 118.305 (3) (c) of the statutes; relating to: the seclusion and restraint of
pupils.
Analysis by the Legislative Reference Bureau
Under current law, individuals who work in a public school, including a charter
school, or a private school participating in the Special Needs Scholarship Program
may use seclusion or physical restraint on a pupil at school only if certain conditions
are met. One of the conditions is that the pupil's behavior must present a clear,
present, and imminent risk to the physical safety of the pupil or others. Other
conditions are that, for purposes of seclusion, the seclusion may only last for as long
as is necessary to resolve the risk of physical safety to the pupil or others and, for
purposes of physical restraint, the degree of force and the duration of the restraint
may only be what is necessary to resolve the risk of physical safety to the pupil or
others. This bill changes these conditions to include pupil behavior that presents a
clear, present, and imminent risk of serious emotional distress for the pupil or others
or creates a considerable disruption to a classroom or other learning environment.
In other words, under the bill, an individual who works in a public school or an SNSP
school may use seclusion or physical restraint on a pupil if the pupil's behavior
presents a clear, present, and imminent risk to the physical safety of the pupil or
others, presents a clear, present, and imminent risk of serious emotional distress for
the pupil or others, or creates a considerable disruption to a classroom or other
learning environment, and may use the seclusion or physical restraint for only as
1
2
3 - 2 -2023 - 2024 Legislature LRB-4644/1
FFK:skw
ASSEMBLY BILL 601
long as is necessary to resolve the risk of physical safety or serious emotional distress
or the considerable disruption to the classroom or learning environment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 118.305 (1) (dm) of the statutes is amended to read:
118.305 (1) (dm) “Incident” means an occurrence of a covered individual or a
law enforcement officer using seclusion or physical restraint on a pupil. It is
considered one incident if immediately following the use of seclusion or physical
restraint on a pupil, the pupil's behavior presents a clear, present, and imminent risk
to the physical safety of the pupil or others, presents a clear, present, and imminent
risk of serious emotional distress for the pupil or others, or creates a considerable
disruption to a classroom or other learning environment, and a covered individual
or law enforcement officer resumes the use of seclusion or physical restraint.
SECTION 2. 118.305 (2) (a) of the statutes is amended to read:
118.305 (2) (a) The pupil's behavior presents a clear, present, and imminent
risk to the physical safety of the pupil or others, presents a clear, present, and
imminent risk of serious emotional distress for the pupil or others, or creates a
considerable disruption to a classroom or other learning environment, and it is the
least restrictive intervention feasible.
SECTION 3. 118.305 (2) (e) of the statutes is amended to read:
118.305 (2) (e) The duration of the seclusion is only as long as necessary to
resolve the clear, present, and imminent risk to the physical safety of the pupil or
others, the clear, present, and imminent risk of serious emotional distress for the
pupil or others, or the considerable disruption to a classroom or other learning
environment.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 - 3 -2023 - 2024 Legislature
LRB-4644/1
FFK:skw
SECTION 4
ASSEMBLY BILL 601
SECTION 4. 118.305 (3) (a) of the statutes is amended to read:
118.305 (3) (a) The pupil's behavior presents a clear, present, and imminent
risk to the physical safety of the pupil or others, presents a clear, present, and
imminent risk of serious emotional distress for the pupil or others, or creates a
considerable disruption to a classroom or other learning environment, and it is the
least restrictive intervention feasible.
SECTION 5. 118.305 (3) (c) of the statutes is amended to read:
118.305 (3) (c) The degree of force used and the duration of the physical
restraint do not exceed the degree and duration that are reasonable and necessary
to resolve the clear, present, and imminent risk to the physical safety of the pupil or
others, the clear, present, and imminent risk of serious emotional distress for the
pupil or others, or the considerable disruption to a classroom or other learning
environment.
SECTION 6.0Effective date.
(1) This act takes effect on the first July 1 after publication.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16