Review Agenda Item
Meeting Date: 9/30/2021 - 5:30 PM
Category: Report of the Committee on Parent and Community Engagement
Type: Action
Subject: 2. Report with Possible Action on Student Restraint and Seclusion
Strategic Plan Compatibility Statement:
Policy: Admin Policy 8.28 - Student Discipline
Attachments Restraint and Seclusion Table (2020-2021)
File Attachment:
Restraint and Seclusion Table (2020-2021).pdf
Background: In 2012, Wisconsin Act 125 created section 118.305 of the Wisconsin Statutes, which provided direction on the use of seclusion and restraint with students in public schools. Act 125 had several key components, including:

1.conditions for the use of seclusion;
2.conditions for the use of physical restraint;
3.notification and reporting requirements following the use of seclusion or restraint;
4.training in the use of seclusion and physical restraint; and
5. requirements for the use of seclusion and restraint on students with disabilities.

In March 2020, Wisconsin Act 118 revised the state law. The changes include requiring parents to be provided with a copy of the written incident report, clarifying that the notice and reporting requirements apply to incidents involving law enforcement officers; prohibiting the use of prone restraint; revising the required training components; requiring school staff to hold a meeting after each incident of seclusion or restraint to discuss topics specified in the Act; conducting an IEP team meeting within ten school days of the second time seclusion or restraint is used on a student with a disability within the same school year; and requiring each governing body to submit an annual report to the Department of Public Instruction by December 1.

Under current law, annually by October 1, the principal or designee must submit to the governing body a report that includes data disaggregated as follows:

•the number of incidents of seclusion during the previous school year;
•the total number of students who were involved in incidents of seclusion during the previous school year;
•the number of students with disabilities who were involved in incidents of seclusion during the previous school year;
•the number of incidents of physical restraint during the previous school year;
•the total number of students who were involved in incidents of physical restraint during the previous school year; and
•the number of students with disabilities who were involved in incidents of physical restraint during the previous school year.

To ensure compliance with Wisconsin Statute 118.305, the Administration has taken the following steps:
•Training has been provided to staff across the district in the use of seclusion and restraint. These trainings also focused on positive interventions and supports to address potentially dangerous behavior. In total, more than 2,000 staff members have been trained over the past five years.
•For the last six years, all principals, school leaders, and special education supervisors received in‐services on the requirements of WI statute 118.305.
•The District’s mechanism for recording incidents of seclusion and restraint has been significantly enhanced by the Infinite Campus Student Information System.
•In the 2020-21 school year, there were a total of four students, including two students with disabilities, involved in five incidents of seclusion. There were 13 students, including 10 students with disabilities, involved in 25 incidents of physical restraint.
•During the 2019-20 school year, the Administration directed schools to submit restraint and seclusion data in accordance with WI statute 118.305.
•A total of 441 students, including 251 with disabilities, were involved in 753 incidents of restraint during the 2019-20 school year.
•A total of 79 students, including 56 with disabilities, were involved in 91 incidents of seclusion during the 2019-20 school year.
Fiscal Impact Statement: No fiscal impact.
Implementation and Assessment Plan
Recommendation: Your Committee reports having received the foregoing report from the Administration. Although this item has been noticed for possible action, no action is required.
Approvals:
Recommended By:
Signed By:
Jacqueline M. Mann, Ph.D. - Board Clerk/Chief Officer