Seclusion and restraint in schools.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0036

ENROLLED ACT NO. 41, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
public schools;
requiring the state superintendent to adopt rules and regulations regarding seclusion and restraint in schools; requiring school district boards to adopt policies regarding
the use of
seclusion and restraint in schools as specified;
defining terms;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 21
‑
2
‑
202(a) by creating a new paragraph (xxxii) and 21
‑
3
‑
110(a) by creating a new paragraph (xxx) are amended to read:

21
‑
2
‑
202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(xxxii)

By rule and regulation
adopted not later than July 1, 2011
establish requirements for school district
policies and training
regarding the use of seclusion and restraint in schools as required under W.S. 21
‑
3
‑
110(a)(xxx). The state superintendent shall review the policy of each district for compliance with the requirements of W.S. 21
‑
3
‑
110(a)(xxx) and
r
ules and regulations promulgated pursuant to this paragraph.
If the state superintendent determines that the policy is not in compliance under this paragraph the superintendent shall direct the board of trustees to revise the policy and shall, upon request, assist the board in the adoption of the policy.

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xxx)

Not later than
December

3
1, 2011, adopt a policy
and training procedures
regarding the use of
seclusion
and restraint in schools. In addition to any requirements provided by rule and regulation of the state superintendent pursuant to W.S. 21
‑
2
‑
202(a)(xxxii), the policy shall require that the parent or legal guardian of the student shall be notified each time that seclusion or restraint is utilized for the student.
The policy shall prohibit the use of locked seclusion.
The policy shall not be limited to
any specified group of
students and shall apply any time that seclusion or
restraint
is used for any student. The district shall submit a copy of the policy to the state superintendent for review as provided in W.S. 21
‑
2
‑
202(a)(xxxii) after the initial adoption of the policy and any time
thereafter
that the
policy is substantially revised. As used in this paragraph:

(A)

"Restraint" means the use of physical force,
with
or without the use of any physical device or material, to restrict the free movement of all or a portion of a student's body. "Restraint" does not include comforting or calming a student, holding the hand or arm of a student to escort the student if the student is complying, intervening in a fight or using a
n assistive or protective
device prescribed by an
appropriately trained professional or professional team;

(B)

"Seclusion" means
removing a student from a classroom or other school activity and isolating the student in a separate area. "Seclusion" does not include a student requested break or in-school suspension, detention or other appropriate disciplinary measure.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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