Wisconsin schools reported almost 6,000 seclusion and 7,000 restraint incidents with a majority of the incidents involving students with disabilities during the 2021-2022 school year, according to a by the state Department of Public Instruction.

A total of 1,920 students were involved in 5,908 reported seclusion incidents and 2,856 students were involved in 6,916 reported restraint incidents. The report released on Monday says DPI can infer from this that the same students have been subject to repeated seclusion or restraints.

鈥淩eading this report and seeing these numbers can be difficult, but that is nothing in comparison with the emotional difficulty these numbers represent in the lived experiences of students and staff,鈥� DPI Superintendent Jill Underly said in a statement.

Advocates with Disability Rights Wisconsin said the biggest takeaway from the report is that schools are doing a lot of damage with the practices and they need to figure out a way to cut down on their use.

鈥淓very one of these numbers is a young person, and about three-quarters of them are young people with disabilities and the vast majority of them are young people in elementary schools,鈥� said Joanne Juhnke, an advocacy specialist with Disability Rights Wisconsin. 鈥淓very one of those is a time when students were physically overpowered and or put into a room that they physically cannot escape from no matter how they try. Just think of the trauma of that.鈥�

Seclusion is defined in state law as the 鈥渋nvoluntary confinement of a pupil, apart from other pupils, in a room or area from which the pupil is physically prevented from leaving.鈥� Doors cannot be locked, according to state statute. Physical restraint is defined as a restriction that immobilizes or reduces the ability of a student to freely move their torso, arms, legs or head.

Students with disabilities were disproportionately involved in these incidents, continuing a trend seen in the last two reports by DPI. Despite comprising 14% of the statewide student body, 79% of seclusion incidents and 76% of restraints involved students with disabilities.

Advocates from Disability Rights Wisconsin said part of the reason that students with disabilities make up the majority of students involved is because they often have additional educational, sensory and emotional support needs that are not being met.

鈥淲e鈥檙e not meeting their needs early on,鈥� said Mary Cerretti, an advocacy specialist. 鈥淲e have fewer resources in the schools. We need increased mental health training [and] support. We need to intervene and meet the student鈥檚 needs prior to administration stepping in and escalating behaviors oftentimes.鈥�

Juhnke agreed, adding that under-resourcing will continue to present a major challenge to implementing better practices for meeting disabled students鈥� needs. She pointed specifically to the 2023-25 budget, which raised special education reimbursements for public schools only slightly from 30% to 33.3% despite the state鈥檚 $7 billion budget surplus.

The DPI report states that 鈥渙n a positive note鈥� more than half of all public schools and private schools participating in the Special Needs Scholarship Program, a program that allows a student with a disability to receive a state-funded private school scholarship, did not report any incidents of seclusion or restraint.

Ceretti said it should be kept in mind that 鈥渙ftentimes when we have students that are put in these special needs scholarship programs that have IEP [individualized educational plan], long before their behavior probably reaches the point of seclusion or restraint, they are sent back to their public school.鈥�

Approximately 87% of seclusions and 78% of restraints occurred in Wisconsin elementary schools. The report states the data is troubling because 鈥測ounger students鈥� K-12 experiences may be adversely shaped by these potentially traumatic experiences.鈥�

Advocates said that elementary school children鈥檚 unfamiliarity with school environments, need to learn about appropriate behavior in school and small physical size are some of the reasons they are involved in more of these incidents.

鈥淭hinking of restraint and seclusion as involved in physically overpowering,鈥� Ceretti said. 鈥淭eachers and staff will think twice about trying to physically overpower somebody who is their size whereas the little ones, it鈥檚 no less traumatic for them, but it is a size differential that does not work in the student鈥檚 favor.鈥�

Seclusion and restraint practices are allowed under state law when a student 鈥減resents a clear, present, and imminent risk to the physical safety of the pupil or others and it is the least restrictive intervention feasible.鈥�

This is DPI鈥檚 third report on seclusion and restraint practices as the agency was required to begin collecting the data under a bipartisan law adopted in 2019 that aimed to limit use of the practices. Due to the COVID-19 pandemic when many students were not physically in school, Juhnke said has been difficult to get a clear picture of the law鈥檚 impact.

鈥淲hatever the comparison of the numbers from year to year, at this point, the comparison is quite flawed because the numbers we have are across the COVID time,鈥� Juhnke said. 鈥淪o next year鈥檚 numbers will be more useful for trends thinking.鈥�

The report states that DPI is 鈥渆ager to collect and analyze data for the 2022-23 academic year to analyze how it compares to previous years.鈥�

鈥淲e must continue our commitment to reducing the frequency of these incidents, and we must especially focus on using this information to better inform and improve our systems and best practices when working with our students with disabilities,鈥� Underly said.

The report does not include information about the race, gender, age or other demographic information of students involved in incidents because it is not required by state law.

Jeff Spitzer-Resnick, an attorney who advocated for the , told the Wisconsin Examiner in an email that he was 鈥渄ismayed at the remarkable lack of leadership which DPI continues to show on this issue.鈥�

Noting that DPI at one point opposed collecting data on the issue, Spitzer-Resnick said the agency failed in the report to examine the data by district and school and doesn鈥檛 provide anything more than general guidance to districts. Some resources for reducing the practices in schools are included at the end of the report.

DPI鈥檚 communications officer, Chris Bucher, said in an email that the agency does analyze the seclusion and restraint data and utilizes it in a variety of ways. He said one way is by identifying outlier data on the use of seclusion and restraint with students with disabilities.

Bucher said that the agency will assign a DPI consultant to work with a district with data showing unusually high use to identify a root cause. Once a cause has been identified, DPI will work to support the district through practices including training on state law and requirements, behavioral intervention plans and trauma-informed practices as well as identifying grant support to address behavioral needs.

Cerretti said that Disability Rights Wisconsin will look at the data to see how the group can offer support and advocacy to decrease restraint and seclusion incidents.

鈥淲e shouldn鈥檛 even allow it,鈥� Cerretti said.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com. Follow Wisconsin Examiner on and .

Democratic Gov. Tony Evers signed legislation on Tuesday that increases local government funding, provides Milwaukee with a path to address its funding crisis, and requires several controversial policy changes for local governments across the state. Evers also signed another bill that was negotiated alongside the local government funding bill, increasing school districts鈥� revenue limits and boosting state aid to independent charter and private voucher schools.

Evers said the shared revenue issue is one that he began working on when he first took office in 2019.

鈥淭hat effort began for me with a simple truth: that for far too long, our local communities have been forced to do more with less,鈥� Evers said at a signing ceremony in Wausau. 鈥淲e鈥檝e seen the consequences of that in action, play out in communities across Wisconsin, especially in recent years鈥� Local partners in every corner of the state have been forced to make impossible decisions about what essential services to fund, having to choose between paying for first responders, addressing PFAS, fixing the roads, and other critical priorities that affect the health, safety, and well-being of Wisconsinites everywhere.鈥�

Evers signed the shared revenue bill, which will dedicate 20% of the state鈥檚 sales tax to local government funding, while surrounded by a bipartisan group of state lawmakers, including Sen. Mary Felzkowski (R-Irma) and Sen. LaTonya Johnson (D-Milwaukee), and local officials from across the state.

鈥淚 believe鈥� the state should be doing its part to support our local partners and our local communities should have the resources they need to make sure those basic and unique needs are done,鈥� Evers continued. 鈥淎nd I鈥檝e also believed that supporting our local communities is an area where we could work to find common ground and bipartisan support. Well, folks, I was right.鈥�

The bill will provide an additional $274.9 million to that can be spent on costs related to law enforcement, fire protection, emergency medical services, emergency response communications, public works and transportation.

The Wisconsin Counties Association and the League of Wisconsin Municipalities celebrated the 鈥渉istoric鈥� legislation, praising the bipartisan efforts and saying the new funding would position the state for future prosperity.

鈥淲orking alongside our state leaders, this new law creates a sustainable funding source for local governments and more closely aligns incentives for government to promote a vibrant and flourishing economy,鈥� said Mark O鈥橠onnell, the counties association chief executive. 鈥淯nder this momentous agreement, local governments will see an increase in shared revenue payments linked to our state鈥檚 economy, creating the resources to provide the vital services our citizens need.鈥�

The legislation also creates an innovation grant program meant to encourage counties and municipalities to consolidate services.

Milwaukee provisions challenged by local stakeholders

The signing happened more than three hours away from Milwaukee, the state鈥檚 most populous city, which was also a major point of contention throughout the negotiation process. Evers鈥� spokeswoman Britt Cudabeck and Milwaukee County Executive David Crowley鈥檚 spokesman Brandon Weathersby both said that he chose to sign the bill in Wausau because the legislation affects every Wisconsin community, not just Milwaukee.

The legislation gives Milwaukee and Milwaukee County the ability to enact, if two-thirds of their governing bodies approve, an additional 2% sales tax in Milwaukee and 0.4% tax in Milwaukee County. The additional revenue can be used to pay for unfunded pension obligations and public safety costs but comes with strings attached.

Crowley and Milwaukee Mayor Cavalier Johnson also joined Evers in Wausau for the signing.

鈥淔or Milwaukee County, this brings us closer to avoiding a devastating fiscal cliff and continue critical service our residents rely on each day,鈥� Crowley said in a statement. 鈥淎s deliberations on the sole issue of additional revenue turn to local legislative bodies, it鈥檚 important that Milwaukee County, as an arm of the state, acknowledge the fiscal realities that we must confront.鈥�

Crowley said the fiscal cliff is 鈥渢he biggest single threat鈥� to improving the quality of life for Milwaukee County residents, and that it鈥檚 important they don鈥檛 鈥渕iss the mark.鈥�

The support from the top county and city leaders comes as other local Milwaukee officials explore taking action to mitigate certain policies in the legislation.

Milwaukee Common Council President Jos茅 G. P茅rez said that it鈥檚 essential that the local body works to pass the 2% sales tax as soon as possible. He also said, however, that the council will begin efforts to remove several provisions from the state statutes.

P茅rez said the council will take up legislation separate from the sales tax that would double funding for the city鈥檚 Office of Equity and Inclusion and Office of African American Affairs, set aside money for litigation to fight provisions that 鈥渙verstep our home rule,鈥� and direct local agencies to apply for a federal grant to extend the streetcar.

The state law signed by Evers includes language that prohibits the city from using money from levying taxes on developing, operating or maintaining its streetcar, bars the city from using tax revenue on diversity, equity and inclusion positions, requires the city to maintain the level of law enforcement and fire department staffing at at least the current level and requires Milwaukee Public Schools reinstate school resource officers in schools.

The Milwaukee Alliance Against Racist and Political Repression criticized the legislation in a statement, calling it 鈥渢he worst assault on the people鈥檚 movements in Wisconsin since the victories achieved coming out of the George Floyd Uprising of 2020.鈥� Pointing to requirements to reintroduce police officers into MPS schools and for the city to maintain specified levels of law enforcement, the activist group said that the bill reduces people鈥檚 say over policing in their communities.

鈥淭hese bills are a direct response to policy wins over the police secured by the Milwaukee Alliance and other community organizing efforts, including the banning of chokeholds, elimination of no-knock warrants, and a policy forcing the timely public release of video footage of police crimes,鈥� the group stated.

Sen. Chris Larson (D-Milwaukee), who voted against the bill, pointed out that it requires Milwaukee to hire an additional 165 police officers beyond its current number. 鈥淚f they can鈥檛 find qualified candidates, the city risks losing 15% of its shared revenue, for the next year. This is not progress,鈥� Larson said Tuesday morning.

Evers signs education funding bill

Evers also signed , which will increase payments to Wisconsin鈥檚 private choice and independent charter schools and raise revenue limits for school districts, on Tuesday. The bill was negotiated alongside the shared revenue deal.

The bill would raise the cap on the minimum amount of revenue school districts are allowed to collect from state aid and local taxpayers to $11,000 per student from $10,000 and increase per-pupil aid payments for private voucher and independent charter schools.

The bill would increase the per-pupil payments for private voucher and independent charter schools. According to a , under the bill the aid for private school choice K-8 students would increase from $8,300 in the current year to $9,874 in the 2023-24 school year and $10,271 in the 2024-25 school year. Per-pupil payments for private school choice 9-12 students would rise from $9,045 to $12,368 and then to $12,765, and independent charter school students鈥� payments would increase from $9,264 to $11,366 and then to $11,763 per student.

Public school advocates, including the Wisconsin Public Education Network (WPEN), called on Evers to reject the deal, saying the bill underserves Wisconsin public school students.

鈥淧ublic school students and local property taxpayers will pay the price, while private schools that can legally discriminate and pick and choose their students get a blank check from the state,鈥� WPEN said in a statement. 鈥淲ith voucher enrollment caps set to come off entirely in 2 years, this is the most reckless and irresponsible thing Wisconsin could do with its massive surplus, especially when we consider that the nearly 80% of students participating in the statewide voucher program never attended a public school.鈥�

Evers said on Tuesday that the 鈥渟mall bump鈥� for independent charter and private voucher schools was a way to reach the goal of passing shared revenue.

鈥淲hat people forget is everytime we have a budget for public schools, our money for vouchers goes up too and so there鈥檚 almost nothing different than last time,鈥� Evers said. 鈥淲e added a little bit more money in order to get this deal across the finish line, but the idea that somehow voucher schools and independent charters haven鈥檛 been receiving money and all of a sudden they are this time? That鈥檚 just not true.鈥�

Evers also touted other portions of the education funding that was negotiated with shared revenue, but included in the budget rather than as separate legislation.

鈥淚 will never stop fighting to do the right thing for our kids because I believe, as I鈥檝e often said, that what鈥檚 best for our kids is what鈥檚 best for our state,鈥� Evers said. 鈥淭oday, we鈥檙e one step closer to making a historic investment in this budget for K-12 schools and education.鈥�

The investment includes an increase of $1 billion in state aid to public K-12 schools, raising the per-pupil aid by $325 in each year of the biennium, a $97 million increase in special education funding, $50 million to improve reading and literacy for K-12 students and $30 million to be spent on school-based mental health services.

He said the next step to introducing the new legislation is passing the biennial budget.

鈥淲e have to pass the budget,鈥� Evers said. 鈥淭he budget has not been signed. It hasn鈥檛 been approved by the Legislature, once that鈥檚 done I feel confident we鈥檒l be in a good place to implement this.鈥�

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com. Follow Wisconsin Examiner on and .

A majority of UW System students surveyed about free speech issues on the state鈥檚 campuses said they were scared to express their views on certain issues in class, according to the of a survey released Wednesday.

The , which had previously been because of initial pushback from faculty and administrators, was sent to more than 80,000 students in November. Nearly 10,500 students responded, a rate of 12.5%.

The survey asked students their views on self-censorship, viewpoint diversity and freedom of expression on campus. A majority of respondents said they were not at all or only a little likely to listen to opposing viewpoints on topics including COVID-19 vaccines, abortion and transgender issues.

While 54% of respondents said they were extremely or very comfortable sharing their views on climate change in class, 44% said they weren鈥檛 comfortable or only a little comfortable sharing their views on transgender issues.

Prior to the survey鈥檚 release, faculty and staff had expressed concern that the results would be used by Republican politicians to attack the system. But at a news conference Wednesday at UW Oshkosh, System President Jay Rothman said that people shouldn鈥檛 be afraid of what the survey found.

鈥淲e can鈥檛 be afraid of the truth and what the survey shows us, we want to make sure we get ourselves better,鈥� he said. 鈥淚t is important that our universities continue to be marketplaces of ideas where divergent opinions can be shared and debated and discussed. I think that, at the end of the day, is a bipartisan issue.鈥�

While students responded that they often feel they aren鈥檛 able to express their viewpoints in class, nearly 60% of respondents said they feel instructors encourage a wide range of viewpoints during discussions.

At the news conference, Rothman said administrators need to work on making sure students feel they can voice their opinions.

鈥淲e have to acknowledge that some students at our universities simply don鈥檛 feel comfortable sharing their views in class or elsewhere on campus,鈥� he said. 鈥淲e need to create a culture that more openly values free expression 鈥� and make sure students understand their rights under the First Amendment.鈥�

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Wisconsin Examiner maintains editorial independence. Contact Editor Ruth Conniff for questions: info@wisconsinexaminer.com. Follow Wisconsin Examiner on and .