HF 1621

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to education; requiring schools to develop a plan and comply with
requirements on using restrictive procedures for children with disabilities;
proposing coding for new law in Minnesota Statutes, chapter 125A; repealing
Minnesota Statutes 2008, sections 121A.66; 121A.67, subdivision 1; Minnesota
Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 46, 47; 3525.1100,
subpart 2, item F; 3525.2900, subpart 5.

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

Section 1.

new text begin [125A.094] RESTRICTIVE PROCEDURES FOR CHILDREN WITH
DISABILITIES.
new text end

new text begin The use of restrictive procedures for children with disabilities is governed by
sections 125A.0941 and 125A.0942, and must be consistent with this chapter.
new text end

Sec. 2.

new text begin [125A.0941] DEFINITIONS.
new text end

new text begin (a) The following terms have the meanings given them.
new text end

new text begin (b) "Emergency" means a situation in which immediate intervention is needed to
protect a child or other individual from physical injury or to prevent serious property
damage.
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new text begin (c) "Positive behavioral interventions and supports" means those interventions and
strategies used to improve the school environment and teach children the skills likely to
increase their ability to behave appropriately.
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new text begin (d) "Physical holding" means physical intervention intended to hold a child immobile
or limit a child's movement and where body contact is the only source of physical restraint.
The term "physical holding" does not mean physical contact:
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new text begin (1) used to help a child respond or complete a task;
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new text begin (2) used to comfort or assist a child without restricting the child's movement;
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new text begin (3) needed to administer an authorized health-related treatment; or
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new text begin (4) needed to physically escort a child.
new text end

new text begin (e) "Restrictive procedures" means the use of physical holding or seclusion in an
emergency that is involuntary or unintended by the child, deprives the child of mobility, or
is aversive to that child.
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new text begin (f) "Seclusion" means confining a child alone in a locked room from which the child
can not exit but from which the child may be quickly removed if a fire or other disaster
occurs. Time-out is not seclusion.
new text end

new text begin (g) "Time-out" means removing a child from an activity to a location where the child
cannot participate or observe the activity and includes moving or ordering a child to
an unlocked room.
new text end

Sec. 3.

new text begin [125A.0942] STANDARDS FOR RESTRICTIVE PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Restrictive procedures plan. new text end

new text begin (a) Schools shall keep on file or as part
of the district's total special education systems plan an allowable restrictive procedures
plan for children that is available for public viewing and includes at least the following:
new text end

new text begin (1) the list of restrictive procedures the school intends to use;
new text end

new text begin (2) how the school will control the use of restrictive procedures;
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new text begin (3) how the school will monitor the use of restrictive procedures, including
conducting debriefings after their use and convening an oversight committee;
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new text begin (4) a description and written verification of the training that staff completed before
implementing restrictive procedures, consistent with subdivision 5; and
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new text begin (5) how the school will review the use of restrictive procedures on a child and
system wide basis within a school or district and the frequency of such reviews.
new text end

new text begin (b) In reviewing the use of restrictive procedures the school or district may consider:
new text end

new text begin (1) any pattern or problems indicated by similarities in the time of day, day of the
week, duration of the use of a procedure, individuals involved, or other factors regarding
the use of restrictive procedures, consistent with subdivision 5;
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new text begin (2) any injuries resulting from the use of restrictive procedures;
new text end

new text begin (3) actions needed to correct deficiencies in how the school implements restrictive
procedures;
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new text begin (4) an assessment of when restrictive procedures could be avoided; and
new text end

new text begin (5) proposed actions to limit use of physical holding or seclusion.
new text end

new text begin Subd. 2. new text end

new text begin Restrictive procedures. new text end

new text begin (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, other licensed
professional, paraprofessional under section 120B.363, or mental health professional
under section 245.4871, subdivision 27, who has completed a formal mental health crisis
prevention and intervention training program under subdivision 5.
new text end

new text begin (b) A district may use restrictive procedures after less intrusive alternatives fail
or if staff regards a less intrusive alternative as inappropriate or impractical under the
circumstances.
new text end

new text begin (c) A school shall make reasonable efforts to notify the parent on the same day a
restrictive procedure is used on the child.
new text end

new text begin (d) When restrictive procedures are used twice in 30 days or when a pattern emerges,
the district must hold a meeting of the individualized education plan team, conduct or
review a functional behavioral analysis, review data, develop additional or revised positive
behavioral interventions and support, propose 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.
new text end

new text begin (e) An individualized education plan team may plan for using restrictive procedures
and may refer to these procedures in a child's individualized education plan.
new text end

new text begin (f) Restrictive procedures may be referred to in the child's individualized education
plan but are not considered part of the pupil's behavior intervention plan and can only be
used in an emergency, consistent with this section. The individualized education plan shall
indicate how the parent wants to be notified when a restrictive procedure is used.
new text end

new text begin Subd. 3. new text end

new text begin Physical holding or seclusion. new text end

new text begin Physical holding or seclusion may be used
only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:
new text end

new text begin (1) the physical holding or seclusion must be the least intrusive intervention that
will effectively respond to the emergency;
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new text begin (2) physical holding or seclusion must end when the threat of harm ends and the
staff determines that the child can safely return to the classroom or activity, and if holding
or seclusion exceeds 60 minutes, school staff must contact either a qualified professional
under subdivision 2, paragraph (a), the school principal, or the parent;
new text end

new text begin (3) staff must constantly and directly observe the child during the use of physical
holding or seclusion;
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new text begin (4) the staff person who implements or is responsible for overseeing the physical
holding or seclusion shall document its use as soon as possible after the incident concludes
and the documentation must include at least the following:
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new text begin (i) a detailed description of the incident that led to the physical holding or seclusion;
new text end

new text begin (ii) why a less restrictive measure failed or was inappropriate or impractical;
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new text begin (iii) the time the physical holding or seclusion began and the time the child was
released; and
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new text begin (iv) brief documentation of the child's behavioral change and change in physical
status;
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new text begin (5) the room used for seclusion must:
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new text begin (i) be at least six feet by five feet;
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new text begin (ii) be well lit, well ventilated, and clean;
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new text begin (iii) have a window that allows staff to directly observe a child in seclusion;
new text end

new text begin (iv) have tamperproof fixtures, electrical switches located immediately outside the
door, and secure ceilings;
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new text begin (v) have doors that open out and are unlocked, locked with keyless locks that
have immediate release mechanisms, or locked with locks that have immediate release
mechanisms connected with a fire and emergency system; and
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new text begin (vi) not contain objects that a child may use to injure the child or others; and
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new text begin (6) before using a room for seclusion, a school must:
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new text begin (i) receive written notice from local authorities regarding its compliance with
applicable building, fire, and safety codes; and
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new text begin (ii) register the room with the commissioner, who may view that room.
new text end

new text begin Subd. 4. new text end

new text begin Prohibitions. new text end

new text begin The following actions or procedures are prohibited:
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new text begin (1) engaging in conduct prohibited under section 121A.58;
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new text begin (2) requiring a child to assume and maintain a specified physical position, activity,
or posture that induces physical pain;
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new text begin (3) totally or partially restricting a child's senses, except at a level of intrusiveness
that does not exceed:
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new text begin (i) placing a hand in front of a child's eyes as a visual screen; or
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new text begin (ii) playing music through earphones worn by the child at a sound level that does not
cause discomfort;
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new text begin (4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray;
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new text begin (5) denying or restricting a child's access to equipment and devices such as walkers,
wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
except when the temporary removal of the equipment or device is needed to prevent injury
to the child or others or serious damage to the equipment or device, in which case the
equipment or device shall be returned to the child as soon as possible;
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new text begin (6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under section 626.556;
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new text begin (7) withholding regularly scheduled meals or water;
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new text begin (8) denying access to bathroom facilities; and
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new text begin (9) physical holding that restricts a child's ability to breathe.
new text end

new text begin Subd. 5. new text end

new text begin Training for staff. new text end

new text begin (a) To meet the requirements of subdivision 1,
paragraph (a), clause (4), staff who use restrictive procedures shall successfully complete
training in the following skills and knowledge areas before using restrictive procedures
with a child:
new text end

new text begin (1) positive behavioral interventions;
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new text begin (2) communicative intent of behaviors;
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new text begin (3) relationship building;
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new text begin (4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;
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new text begin (5) de-escalation methods;
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new text begin (6) avoiding power struggles;
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new text begin (7) documentation standards for using restrictive procedures;
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new text begin (8) obtaining emergency medical assistance;
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new text begin (9) time limits for restrictive procedures;
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new text begin (10) obtaining approval for using restrictive procedures;
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new text begin (11) appropriate use of restrictive procedures approved for the program, including
simulated experiences involving physical restraint;
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new text begin (12) thresholds for using and stopping restrictive procedures;
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new text begin (13) the physiological and psychological impact of physical holding and seclusion;
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new text begin (14) monitoring and responding to a child's physical signs of distress; and
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new text begin (15) recognizing the symptoms of and interventions that may cause positional
asphyxia.
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new text begin (b) The commissioner, after consulting with the commissioner of human services,
must develop and maintain a list of recommended training programs. The district shall
maintain records of staff who have been trained and the organization or professional that
conducted the training. The district may collaborate with a child's community mental
health providers to coordinate trainings.
new text end

new text begin (c) Training under this subdivision must be updated at least every two school years.
new text end

new text begin Subd. 6. new text end

new text begin Records. new text end

new text begin For purposes of monitoring and review, a school using restrictive
procedures shall make data available upon request, consistent with data practices laws, on
the number and types of restrictive procedures used. Schools annually shall submit to the
commissioner aggregate data on the use of restrictive procedures. The commissioner shall
issue an annual report by December 31 on the use of restrictive procedures in Minnesota.
new text end

new text begin Subd. 7. new text end

new text begin Behavior supports. new text end

new text begin School districts must establish effective school
wide systems of positive behavior supports and may use restrictive procedures only in
emergencies. Nothing in this section precludes the use of reasonable force under sections
121A.582 and 609.379.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 121A.66; and 121A.67, subdivision 1, new text end new text begin are
repealed.
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new text begin (b) new text end new text begin Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 46, and 47;
3525.1100, subpart 2, item F; and 3525.2900, subpart 5, new text end new text begin are repealed.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2010.
new text end