HF 1464

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 10:59am

A bill for an act
relating to education; modifying licensure requirements for paraprofessionals
using restrictive procedures; amending Minnesota Statutes 2010, section
125A.0942, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 125A.0942, subdivision 2, is amended to
read:

Subd. 2.

Restrictive procedures.

(a) Restrictive procedures may be used only
by a licensed special education teacher, school social worker, school psychologist,
behavior analyst certified by the National Behavior Analyst Certification Board, a person
with a master's degree in behavior analysis, other licensed education professional,
paraprofessional deleted text begin under section 120B.363 deleted text end , or mental health professional under section
245.4871, subdivision 27, who has completed the training program under subdivision 5.

(b) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child, or if the school is unable to provide same-day
notice, notice is sent within two days by written or electronic means or as otherwise
indicated by the child's parent under paragraph (d).

(c) When restrictive procedures are used twice in 30 days or when a pattern emerges
and restrictive procedures are not included in a child's individualized education program
or behavior intervention plan, the district must hold a meeting of the individualized
education plan team, conduct or review a functional behavioral analysis, review data,
consider developing additional or revised positive behavioral interventions and supports,
consider actions to reduce the use of restrictive procedures, and modify the individualized
education plan or behavior intervention plan as appropriate. At the meeting, the team must
review any known medical or psychological limitations that contraindicate the use of a
restrictive procedure, consider whether to prohibit that restrictive procedure, and document
any prohibition in the individualized education program or behavior intervention plan.

(d) An individualized education plan team may plan for using restrictive procedures
and may include these procedures in a child's individualized education program or
behavior intervention plan; however, the restrictive procedures may be used only in
response to behavior that constitutes an emergency, consistent with this section. The
individualized education program or behavior intervention plan shall indicate how the
parent wants to be notified when a restrictive procedure is used.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end