This document summarizes Wisconsin laws and guidelines around the use of seclusion and physical restraint in schools. Key points include: 1) Students with disabilities are restrained and secluded at much higher rates than other students. The laws aim to protect students from discrimination and ensure their safety and access to education. 2) Seclusion and restraint should only be used as a last resort when a student's behavior poses a clear risk of harm, and must be done according to specific conditions like supervision, room safety checks, and duration. 3) Schools must report all incidents, notify parents, and include seclusion/restraint plans in IEPs when reasonably anticipated. Data on incidents must be reported annually to school

1. 2011 Act 125 Seclusion
and Physical Restraint
Wisconsin Department of Public Instruction’s 2017 State Superintendent’s Conference
on Special Education and Pupil Services Leadership Issues

2. Context
• According to the Office of Civil Rights (OCR), students with disabilities served by
IDEA are restrained and secluded at higher rates than students without disabilities.
• IDEA protected students represent 12% of students enrolled in U.S. public
schools, but represent 64% of students involved in seclusion and/or restraint
incidents. (2013-14)
• According to OCR, a school district may discriminate against a student on the basis of
his/her disability by,
• unnecessarily treating a student with a disability and a student without a disability
differently
• permitting policies, practices, procedures, and/or criteria that negatively and/or
disproportionately impact a student on the basis of his/her disability
• Denial of FAPE
• Law covers all students and public schools, including charter schools.

3. Seclusion
Seclusion: the involuntary confinement of a pupil,
apart from other pupils, in a room or area from which
the pupil is physically prevented from leaving.
Wis. Stat. 118.305

4. Six Conditions for Permissible Use of Seclusion
1. Behavior presents a clear, present, and imminent risk AND it is the least restrictive
intervention possible.
2. Staff maintains constant supervision.
3. The room or area is free of objects or fixtures that may injure the student.
4. Student has adequate access to bathroom facilities, water, medication, and regularly scheduled
meals.
5. Duration is only as long as necessary to resolve the incident.
6. No locks may be used on the door.

5. Physical Restraint
Physical Restraint: a restriction that immobilizes or reduces the
ability of a pupil to freely move his or her torso, arms, legs, or
head.
Wis. Stat. 118.305

6. Six Conditions for Permissible Use of Restraint
1. Behavior presents a clear, present, and imminent risk AND it is the least restrictive intervention
possible.
2. Ensure that the restraint does not cause or exacerbate a medical situation or condition.
3. The degree of force and the duration of the restraint do not exceed the degree of force and duration
that are reasonable and necessary to resolve the incident.
4. Techniques that do not properly protect the student’s head, cause chest compressions (weight on
abdomen, diaphragm, etc.), or that obstruct breathing/circulation should not be used.
5. No corporal punishment.
6. No mechanical or chemical restraints

7. Mechanical Restraint?
• Weighted blankets, vests, seatbelts, adaptive stroller, etc.
• Mechanical/adaptive devices used for sensory or support
under the direction and oversight of appropriate medical or
therapeutic staff are not mechanical restraints.
• Adaptive devices are generally permissible if it is used to
properly align the body, assist in mobility, and/or assist in
maintaining balance
• It is an IEP decision as to what will/will not be used
• Supports must be identified in the IEP

8. Training
• At least one staff member in each school should receive
training.
• Staff members who have regular contact with students should be
trained on the requirements.
• Maintain records
• who was trained
• when
• what areas was the individual trained
• when will the training need to be refreshed
• Unforeseen emergency exception

9. Things to Remember
• Student’s ability to communicate should not be restricted.
• Seclusion and restraint should only be used to defuse a dangerous situation, protect
the student and others from serious bodily injury, and re-establish a safe learning
environment.
• Seclusion and restraint should never be used for disciplinary reasons.
• Verbal and non-compliant behavior usually would not meet the requirements
for seclusion and restraint.
• The name of the room is less important than how the space is used.
• i.e. ‘Quiet room’

10. Notification and Reporting Requirements
• Principal (or a designee) must complete/sign the incident report.
• At a minimum, the form should include:
• the student’s name
• date
• time and duration of the restraint/seclusion
• description of the incident (including the student’s actions before, during, and after the
incident)
• the names/titles of the school staff present at the time of the incident
• The incident report must be made available within three business days, but it must be completed
within two business days of the incident.
• Parents must be informed of the incident and the availability of the report within one business day.

11. Notification and Reporting Requirements
• Staff are required to notify parents every time seclusion or restraint occurs.
• Each school must report seclusion and restraint data to the school board
annually, by September 1st.
• Report must include:
• number of incidents of seclusion and restraints for the previous
academic year
• the total number of students involved in each incident
• the number of students with disabilities involved in incidents
• Data can be complied into one district wide report but each school’s data must
be individually identified.

12. IEP
Should there be a statement in the IEPs that seclusion or restraint
may be used?
• When an IEP team can reasonably anticipate that seclusion and
restraint may be used on a student with a disability, the IEP
must include a statement that S&R may be used as an
intervention.
• However, the IEP must also identify appropriate positive
interventions and supports, and any other strategies that will
support the student’s behavior. These interventions must be
based on the functional behavior assessment.

13. Common Questions
• What happens if parents refuse to have seclusion and restraint language included in their child’s IEP?
• Does the IEP team have to meet every time a student is secluded/restrained?
• What should staff do after a student without a disability is secluded or restrained for the first time?
• Is it okay to adopt a technique that is parent approved? (i.e. the parent has success with a specific technique
at home and shares it with the IEP team).
• Does the parent need to provide medical documentation to use a mechanical support?
• Can a weighted vest/blanket, seatbelt, etc. (mechanical device) be used on a student without a disability to
provide additional support?
• Is it permissible to use a device on a student (such as a seatbelt) if the student performs tasks (eating, sorting,
etc.) better with it than without? Is it permissible to use a device such as a seatbelt if the student is able to
remove it on his/her own?
• Are preschools included under the seclusion and restraint laws?
• Do seclusion and restraint laws apply to law enforcement/SROs, and if so, how?
• Who should/can provide training for restraint techniques?

14. IDEA Complaint Decisions
• 17-009
• 16-049
• 16-051
• 15-048
• 15-051
• 15-057

15. Resources
• Addressing The Use of Seclusion and Physical Restraint in Schools: 2011 Wisconsin Act 125
Requirements FAQ
• Sample Report Form
• Dear Colleague Letter
• U.S. Department of Education Restraint and Seclusion Resource Document
Mankah Zama Mitchell
School Administration Consultant
Mankah.Mitchell@dpi.wi.gov