Restraint and Seclusion Laws in Wisconsin
What are the restraint and seclusion rules in Wisconsin?
Wisconsin enacted comprehensive restraint and seclusion protections in Wis. Stat. § 118.305 (originally enacted 2011, amended since). Seclusion is defined as the involuntary confinement of a pupil, apart from other pupils, in a room or area from which the pupil is physically prevented from leaving. Critically: locked seclusion — where the door is locked — is expressly prohibited under Wis. Stat. § 118.305(2)(b); the only permissible form of seclusion involves physically blocking exits, not locking them, and must be accompanied by constant adult supervision. Physical restraint is defined as a restriction that immobilizes or reduces the ability of a pupil to freely move their torso, arms, legs, or head. Both restraint and seclusion may only be used when the pupil's behavior poses a clear, present, and imminent risk to physical safety, with no feasible less restrictive alternative. Prohibited restraint techniques include prone positioning, chest compression, pressure on the neck/throat/back of head, and any mechanical or chemical restraint. The principal must notify parents as soon as practicable but no later than one business day after an incident; a written report must be issued within two business days and delivered within three business days.
What Wisconsin Requires
Physical restraint and seclusion may only be used when the pupil's behavior poses a clear, present, and imminent risk to physical safety, with no feasible less restrictive alternative available (Wis. Stat. § 118.305).
Locked seclusion — confining a pupil in a locked room — is expressly prohibited under Wis. Stat. § 118.305(2)(b). Only non-locked seclusion with continuous adult supervision is permissible, and only under the emergency safety criteria.
Seclusion rooms must have constant supervision (in-room or through a window), be free of injurious objects, and provide access to bathrooms, water, medication, and meals; doors may not be locked (Wis. Stat. § 118.305).
Prohibited restraint techniques include: prone restraint (face-down on floor), chest compression, pressure on the neck/throat/back of head, and any mechanical or chemical restraint (Wis. Stat. § 118.305).
Incident documentation must include: pupil name, date, time, duration, description of incident and behaviors, and names/titles of all staff and law enforcement officers present (Wis. Stat. § 118.305).
The principal must notify parents no later than one business day after the incident; a written incident report must be issued within two business days and delivered within three business days via mail, electronic transmission, or hand delivery (Wis. Stat. § 118.305).
Key Timelines
Parent notification: as soon as practicable, no later than 1 business day after the incident (Wis. Stat. § 118.305).
Written incident report issued: within 2 business days of the incident (Wis. Stat. § 118.305).
Written incident report delivered to parents: within 3 business days via mail, electronic transmission, or hand delivery (Wis. Stat. § 118.305).
Duration of seclusion/restraint: limited to the time necessary to resolve the immediate safety risk (Wis. Stat. § 118.305).