Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB542 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 542
5	5	October 23, 2023 - Introduced by Senators CABRAL-GUEVARA, STROEBEL and
6	6	TOMCZYK, cosponsored by Representatives GUSTAFSON, MURPHY, O'CONNOR,
7	7	SCHMIDT, BRANDTJEN and MOSES. Referred to Committee on Education.
8	8	AN ACT to amend 118.305 (1) (dm), 118.305 (2) (a), 118.305 (2) (e), 118.305 (3) (a)
9	9	and 118.305 (3) (c) of the statutes; relating to: the seclusion and restraint of
10	10	pupils.
11	11	Analysis by the Legislative Reference Bureau
12	12	Under current law, individuals who work in a public school, including a charter
13	13	school, or a private school participating in the Special Needs Scholarship Program
14	14	may use seclusion or physical restraint on a pupil at school only if certain conditions
15	15	are met. One of the conditions is that the pupil's behavior must present a clear,
16	16	present, and imminent risk to the physical safety of the pupil or others. Other
17	17	conditions are that, for purposes of seclusion, the seclusion may only last for as long
18	18	as is necessary to resolve the risk of physical safety to the pupil or others and, for
19	19	purposes of physical restraint, the degree of force and the duration of the restraint
20	20	may only be what is necessary to resolve the risk of physical safety to the pupil or
21	21	others. This bill changes these conditions to include pupil behavior that presents a
22	22	clear, present, and imminent risk of serious emotional distress for the pupil or others
23	23	or creates a considerable disruption to a classroom or other learning environment.
24	24	In other words, under the bill, an individual who works in a public school or an SNSP
25	25	school may use seclusion or physical restraint on a pupil if the pupil's behavior
26	26	presents a clear, present, and imminent risk to the physical safety of the pupil or
27	27	others, presents a clear, present, and imminent risk of serious emotional distress for
28	28	the pupil or others, or creates a considerable disruption to a classroom or other
29	29	learning environment, and may use the seclusion or physical restraint for only as
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32	32	3 - 2 -2023 - 2024 Legislature LRB-2162/1
33	33	FFK:skw
34	34	SENATE BILL 542
35	35	long as is necessary to resolve the risk of physical safety or serious emotional distress
36	36	or the considerable disruption to the classroom or learning environment.
37	37	The people of the state of Wisconsin, represented in senate and assembly, do
38	38	enact as follows:
39	39	SECTION 1. 118.305 (1) (dm) of the statutes is amended to read:
40	40	118.305 (1) (dm) “Incident” means an occurrence of a covered individual or a
41	41	law enforcement officer using seclusion or physical restraint on a pupil. It is
42	42	considered one incident if immediately following the use of seclusion or physical
43	43	restraint on a pupil, the pupil's behavior presents a clear, present, and imminent risk
44	44	to the physical safety of the pupil or others, presents a clear, present, and imminent
45	45	risk of serious emotional distress for the pupil or others, or creates a considerable
46	46	disruption to a classroom or other learning environment, and a covered individual
47	47	or law enforcement officer resumes the use of seclusion or physical restraint.
48	48	SECTION 2. 118.305 (2) (a) of the statutes is amended to read:
49	49	118.305 (2) (a) The pupil's behavior presents a clear, present, and imminent
50	50	risk to the physical safety of the pupil or others, presents a clear, present, and
51	51	imminent risk of serious emotional distress for the pupil or others, or creates a
52	52	considerable disruption to a classroom or other learning environment, and it is the
53	53	least restrictive intervention feasible.
54	54	SECTION 3. 118.305 (2) (e) of the statutes is amended to read:
55	55	118.305 (2) (e) The duration of the seclusion is only as long as necessary to
56	56	resolve the clear, present, and imminent risk to the physical safety of the pupil or
57	57	others, the clear, present, and imminent risk of serious emotional distress for the
58	58	pupil or others, or the considerable disruption to a classroom or other learning
59	59	environment.
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83	83	SECTION 4
84	84	SENATE BILL 542
85	85	SECTION 4. 118.305 (3) (a) of the statutes is amended to read:
86	86	118.305 (3) (a) The pupil's behavior presents a clear, present, and imminent
87	87	risk to the physical safety of the pupil or others, presents a clear, present, and
88	88	imminent risk of serious emotional distress for the pupil or others, or creates a
89	89	considerable disruption to a classroom or other learning environment, and it is the
90	90	least restrictive intervention feasible.
91	91	SECTION 5. 118.305 (3) (c) of the statutes is amended to read:
92	92	118.305 (3) (c) The degree of force used and the duration of the physical
93	93	restraint do not exceed the degree and duration that are reasonable and necessary
94	94	to resolve the clear, present, and imminent risk to the physical safety of the pupil or
95	95	others, the clear, present, and imminent risk of serious emotional distress for the
96	96	pupil or others, or the considerable disruption to a classroom or other learning
97	97	environment.
98	98	SECTION 6.0Effective date.
99	99	(1) This act takes effect on the first July 1 after publication.
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