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Seclusion and Restraint Reports Due by October 1

By: Malina Piontek, AWSA Retained Legal Counsel and Amy Van Deuren, JD, EdD

It’s back-to-school time when summer school and fall planning give way to a fresh new school year.  Each year brings with it the opportunity and obligation to post annual notices and prepare reports.  Some of these items are prepared at the district level, and others are prepared at the school level.  Each school in the district must complete the Seclusion and Restraint Report by October 1 of each year.  This report is one of those requirements that can easily get lost in the excitement that the fall brings. 

The purpose of this article is to provide a reminder about the upcoming October 1 due date, and to offer a quick refresher about the requirements for this report. As you review the materials used to prepare this report, it is a good time to review your reporting procedures in this area to ensure that your school is in compliance with all legal requirements corresponding to the use of seclusion and restraint. 

2019 Wis. Act 118 revised Wisconsin state law on the use of seclusion and restraint, including the reporting requirements as follows: 

  • The number of incidents of seclusion during the previous 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. 

REVIEW BEFORE YOU DO

Before you begin work on the seclusion and restraint report, it is a good idea to refamiliarize yourself with the 2019 changes in the law and the terminology associated with seclusion and restraint as it is used in Section 118.305, Wis. Stats.  An excellent overview of the 2019 Act 118 changes can be found at this link to AWSA’s Update to the Use of Seclusion and Physical Restraint in Schools.   A great review of terminology and practical application can be found at this link to DPI’s Frequently Asked Questions about the Use of Physical Restraint and Seclusion in Public Schools.  As you review your incident reports and other disciplinary actions for the previous year, it can be a good time to assess the strengths and areas for improvement in your reporting processes. Some examples of questions you might ask: 

  • Did any incident where a covered individual reduced free movement or immobilized a student’s torso, arms, legs, or head get reported as a restraint?

  • Did any incident where a student was involuntarily confined, apart from other students, in a room or area from which the student was physically prevented from leaving get reported as seclusion? 

  • Were incidents involving a school resource officer, secondary agency employee, student teacher or any other covered employee reported if the actions fit within the definition of seclusion or restraint? 

  • Were all notices and reporting done on time according to the statutory requirements?

  • Were parents properly notified in every case? 

  • Are we using a specific form for written incident reports? 

PREPARING YOUR REPORT

If you have all of your prepared materials from the previous year, writing the report is the straightforward culmination of your previous work.  If you are new and the previous principal had an effective system for reporting, writing the report is the straightforward culmination of your predecessor’s work.  However, you may experience challenges if you did not have a clear protocol, forms, or other documentation system.  If you are noticing incidents that perhaps should have been reported but were not, or if there is no clear reporting system in place, it may be a good idea to seek help from your superintendent, mentor, or other resource.  The AWSA Hotline is also available to member principals for questions relating to seclusion, restraint, and other topics. 

MAKING MEANING FOR OTHERS

In the end, the requirements for reporting boil down to providing your district with six (6) numbers, one for each item.  This quantitative data alone can be used to make an initial determination about: 

  • Whether incidents have increased or decreased over time;

  • Which student populations are most affected (those with IEPs and those without); and

  • Whether the incidents are spread across many students, or whether they are concentrated to one or two students

While this quantitative data will be used to assess the use of seclusion and restraint throughout the state and compare them on a year-to-year (longitudinal) basis, it is worthwhile to think more broadly about the data you are seeing in your school and other schools in your district.  Your insights about why the data is what it is can provide perspective and context to your staff, district administration, and the Board of Education about your daily operations and the need, or lack thereof, for such drastic measures as seclusion and restraint.  

You can use the data in many ways, depending on your school’s needs.  You may use the data to re-evaluate the approach for a specific student or group of students.  The data may inform staffing, equipment, training needs, or material requests and expenditures.  You may use the report as a data point to determine whether a school improvement initiative or a personal professional goal is on track for success.  Staff may use data during collaboration to inform them about areas that are moving in the right direction, and areas that may need some revision. You might get creative and compare the Seclusion and Restraint Report with the overall discipline report to look for patterns or other informative insights.  In short, there are many ways that the data from the report can be used to inform daily operations and long-range goals at your school. 

CONCLUSION

Seclusion and restraint is a topic that is covered by excellent resources (including sample reporting forms available from DPI), largely due to the 2019 changes as a result of Act 118.  The October 1 deadline for schools to get their reports to their LEAs is an opportunity for school leaders to review the previous years’ incidents and reset for the school year to come.  With proper reporting and parent notification at the incident level, the annual report is a matter of gathering the prior year’s reports and providing the specific counts in each of six (6) categories:  1) Seclusion:Total Incidents; 2) Seclusion:Total Students; 3) Seclusion:Students with Disabilities; 4) Restraint: Total Incidents; 5) Restraint: Total Students; and 6) Restraint: Students with Disabilities. 

While preparing the Seclusion and Restraint Report, it is a great time to take stock of your reporting procedures and make any necessary adjustments.  It is also a great time to reflect on what meaning you are making from the data, and how that meaning may inform your practice and the operations of your school.  As a final reminder, the Seclusion and Restraint 

Report for the 2022-2023 school year is due on October 1, 2023.   

This article was prepared by Attorney Malina Piontek, AWSA’s Level I Legal Services Provider, and Amy Van Deuren, JD, EdD, paralegal with Malina Piontek, Attorney, LLC. You may direct your Level I call-in questions to Malina at 608-497-3037 or email her at [email protected]. This article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. It should not be relied upon as legal advice.