Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 771

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/11/2013 03:57pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2013
1st Engrossment Posted on 03/11/2013

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11
2.12
2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30
7.31
7.32 7.33 7.34 7.35 8.1 8.2
8.3

A bill for an act
relating to education; clarifying use of restrictive procedures; appropriating
money; amending Minnesota Statutes 2012, sections 125A.0941; 125A.0942.

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

Section 1.

Minnesota Statutes 2012, section 125A.0941, is amended to read:


125A.0941 DEFINITIONS.

(a) The following terms have the meanings given them.

(b) "Emergency" means a situation where immediate intervention is needed to
protect a child or other individual from physical injury deleted text begin or to prevent serious property
damage
deleted text end .new text begin Emergency does not mean circumstances such as: a child who does not respond
to a task or request and instead places his or her head on a desk or hides under a desk or
table; a child who does not respond to a staff person's request unless failing to respond
would result in physical injury to the child or other individual; or an emergency incident
has already occurred and no threat of physical injury currently exists.
new text end

(c) "Physical holding" means physical intervention intended to hold a child immobile
or limit a child's movement, where body contact is the only source of physical restraint,
and where immobilization is used to effectively gain control of a child in order to protect
deleted text begin thedeleted text end new text begin anew text end child or other deleted text begin persondeleted text end new text begin individualnew text end from new text begin physical new text end injury. The term physical holding does
not mean physical contact that:

(1) helps a child respond or complete a task;

(2) assists a child without restricting the child's movement;

(3) is needed to administer an authorized health-related service or procedure; or

(4) is needed to physically escort a child when the child does not resist or the child's
resistance is minimal.

(d) "Positive behavioral interventions and supports" means interventions and
strategies to improve the school environment and teach children the skills to behave
appropriately.

(e) "Prone restraint" means placing a child in a face down position.

(f) "Restrictive procedures" means the use of physical holding or seclusion in an
emergency.new text begin Restrictive procedures must not be used to punish or otherwise discipline a
child.
new text end

(g) "Seclusion" means confining a child alone in a room from which egress is barred.
new text begin Egress may be barred by an adult locking or closing the door in the room or preventing the
child from leaving the room.
new text end Removing a child from an activity to a location where the
child cannot participate in or observe the activity is not seclusion.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 125A.0942, is amended to read:


125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.

Subdivision 1.

Restrictive procedures plan.

new text begin (a) new text end Schools that intend to use
restrictive procedures shall maintain and make publicly accessible new text begin in an electronic format
on a school or district Web site or make a paper copy available upon request describing
new text end a
restrictive procedures plan for children new text begin with disabilities new text end that deleted text begin includesdeleted text end at least deleted text begin the followingdeleted text end :

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

(2) new text begin describes how the school will implement a range of positive behavior strategies
and provide links to mental health services;
new text end

new text begin (3) describes new text end how the school will monitor and review the use of restrictive
procedures, includingnew text begin :
new text end

new text begin (i) new text end conducting post-use debriefingsnew text begin , consistent with subdivision 3, paragraph (a),
clause (5);
new text end and

new text begin (ii) new text end convening an oversight committeenew text begin to undertake a quarterly review of the use
of restrictive procedures based on patterns or problems indicated by similarities in the
time of day, day of the week, duration of the use of a procedure, the individuals involved,
or other factors associated with the use of restrictive procedures; the number of times a
restrictive procedure is used schoolwide and for individual children; the number and types
of injuries, if any, resulting from the use of restrictive procedures; whether restrictive
procedures are used in nonemergency situations; the need for additional staff training; and
proposed actions to minimize the use of restrictive procedures
new text end ; and

deleted text begin (3)deleted text end new text begin (4) includesnew text end a written description and documentation of the training staff
completed under subdivision 5.

new text begin (b) Schools annually must publicly identify oversight committee members who
must at least include:
new text end

new text begin (1) a mental health professional, school psychologist, or school social worker;
new text end

new text begin (2) an expert in positive behavior strategies;
new text end

new text begin (3) a special education administrator; and
new text end

new text begin (4) a general education administrator.
new text end

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, new text begin highly qualified
new text end paraprofessional under section 120B.363, 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) deleted text begin 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,
deleted text end The district must hold a meeting of the individualized
education program 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 program or behavior intervention plan as appropriate. new text begin The district must hold
the meeting: within ten calendar days after district staff use restrictive procedures on two
separate school days within 30 calendar days or a pattern of use emerges and the child's
individualized education program or behavior intervention plan does not provide for using
restrictive procedures in an emergency; or at the request of a parent or the district after
restrictive procedures are used. The district must review use of restrictive procedures at a
child's annual individualized education program meeting when the child's individualized
education program provides for using restrictive procedures in an emergency.
new text end

new text begin (d) If the individualized education program team under paragraph (c) determines
that existing interventions and supports are ineffective in reducing the use of restrictive
procedures or the district uses restrictive procedures on a child on ten or more school days
during the same school year, the team, as appropriate, either must consult with other
professionals working with the child; consult with experts in behavior analysis, mental
health, communication, or autism; consult with culturally competent professionals;
review existing evaluations, resources, and successful strategies; or consider whether to
reevaluate the child.
new text end

new text begin (e) new text end At the new text begin individualized education program new text end meetingnew text begin under paragraph (c)new text end , the team
must review any known medical or psychological limitationsnew text begin , including any medical
information the parent provides voluntarily,
new text end 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.

deleted text begin (d)deleted text end new text begin (f)new text end An individualized education program 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.

Subd. 3.

Physical holding or seclusion.

(a) Physical holding or seclusion may be
used only in an emergency. A school that uses physical holding or seclusion shall meet the
following requirements:

(1) deleted text begin thedeleted text end physical holding or seclusion deleted text begin must bedeleted text end new text begin isnew text end the least intrusive intervention
that effectively responds to the emergency;

(2) new text begin physical holding or seclusion is not used to discipline a noncompliant child;
new text end

new text begin (3) new text end physical holding or seclusion deleted text begin must enddeleted text end new text begin ends new text end when the threat of harm ends and
the staff determines deleted text begin thatdeleted text end the child can safely return to the classroom or activity;

deleted text begin (3)deleted text end new text begin (4)new text end staff deleted text begin mustdeleted text end directly deleted text begin observedeleted text end new text begin observesnew text end the child while physical holding or
seclusion is being used;

deleted text begin (4)deleted text end new text begin (5)new text end each time physical holding or seclusion is used, the staff person who
implements or oversees the physical holding or seclusion deleted text begin shall documentdeleted text end new text begin documentsnew text end , as
soon as possible after the incident concludes, the following information:

(i) a description of the incident that led to the physical holding or seclusion;

(ii) why a less restrictive measure failed or was determined by staff to be
inappropriate or impractical;

(iii) the time the physical holding or seclusion began and the time the child was
released; and

(iv) a brief record of the child's behavioral and physical status;

deleted text begin (5)deleted text end new text begin (6)new text end the room used for seclusion must:

(i) be at least six feet by five feet;

(ii) be well lit, well ventilated, adequately heated, and clean;

(iii) have a window that allows staff to directly observe a child in seclusion;

(iv) have tamperproof fixtures, electrical switches located immediately outside the
door, and secure ceilings;

(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

(vi) not contain objects that a child may use to injure the child or others;

deleted text begin (6)deleted text end new text begin (7)new text end before using a room for seclusion, a school must:

(i) receive written notice from local authorities that the room and the locking
mechanisms comply with applicable building, fire, and safety codes; and

(ii) register the room with the commissioner, who may view that room; and

deleted text begin (7)deleted text end new text begin (8)new text end until August 1, deleted text begin 2013deleted text end new text begin 2015new text end , a school district may use prone restraints with
children age five or older deleted text begin under the following conditionsdeleted text end new text begin ifnew text end :

(i) deleted text begin adeleted text end new text begin thenew text end district has provided to the department a list of staff who have had specific
training on the use of prone restraints;

(ii) deleted text begin adeleted text end new text begin thenew text end district provides information on the type of training that was provided
and by whom;

(iii) deleted text begin prone restraints maydeleted text end only deleted text begin be used bydeleted text end staff who deleted text begin havedeleted text end received specific training
new text begin use prone restraintsnew text end ;

(iv) each incident of the use of prone restraints is reported to the department within
five working days on a form provided by the department; and

(v) deleted text begin adeleted text end new text begin thenew text end district, deleted text begin prior todeleted text end new text begin beforenew text end using prone restraints, must review any known
medical or psychological limitations that contraindicate the use of prone restraints.

deleted text begin The department will report back to the chairs and ranking minority members of the
legislative committees with primary jurisdiction over education policy by February
1, 2013, on the use of prone restraints in the schools. Consistent with item (iv),
deleted text end The
department must collect data on districts' use of prone restraints and publish the data in a
readily accessible format on the department's Web site on a quarterly basis.

(b) deleted text begin The department must develop a statewide plan by February 1, 2013, to reduce
districts' use of restrictive procedures that includes
deleted text end new text begin By March 1, 2014, stakeholders must
recommend to the commissioner specific and measurable implementation and outcome
goals for reducing the use of restrictive procedures and the commissioner must submit to
the legislature a report on districts' progress in reducing the use of restrictive procedures
that recommends how to further reduce these procedures and eliminate the use of prone
restraints. The statewide plan includes the following components
new text end : measurable goals; the
resources, training, technical assistance, mental health services, and collaborative efforts
needed to significantly reduce districts' use of prone restraints; and recommendations
to clarify and improve the law governing districts' use of restrictive procedures. The
deleted text begin department must convenedeleted text end new text begin commissioner must consult withnew text end interested stakeholders deleted text begin to
develop the statewide plan and identify the need for technical assistance
deleted text end new text begin when preparing
the report
new text end , including representatives of advocacy organizations, special education
directors, intermediate school districts, school boards, day treatment providers, new text begin county
social services,
new text end state human services department staff, mental health professionals, and
autism experts. deleted text begin To assist the department and stakeholders under this paragraph, school
districts must report summary data to the department by July 1, 2012, on districts' use of
restrictive procedures during the 2011-2012 school year, including data on the number
of incidents involving restrictive procedures, the total number of students on which
restrictive procedures were used, the number of resulting injuries, relevant demographic
data on the students and school, and other relevant data collected by the district.
deleted text end new text begin By June
30 each year, districts must report summary data on their use of restrictive procedures to
the department, in a form and manner determined by the commissioner.
new text end

Subd. 4.

Prohibitions.

The following actions or procedures are prohibited:

(1) engaging in conduct prohibited under section 121A.58;

(2) requiring a child to assume and maintain a specified physical position, activity,
or posture that induces physical pain;

(3) totally or partially restricting a child's senses as punishment;

(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
substance, or spray as punishment;

(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 temporarily removing 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;

(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
physical abuse under section 626.556;

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities; and

(9) physical holding that restricts or impairs a child's ability to breathe, restricts or
impairs a child's ability to communicate distress, places pressure or weight on a child's
head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
straddling a child's torso.

Subd. 5.

Training for staff.

(a) To meet the requirements of subdivision 1,
staff who use restrictive proceduresnew text begin , including highly qualified paraprofessionals,new text end shall
complete training in the following skills and knowledge areas:

(1) positive behavioral interventions;

(2) communicative intent of behaviors;

(3) relationship building;

(4) alternatives to restrictive procedures, including techniques to identify events and
environmental factors that may escalate behavior;

(5) de-escalation methods;

(6) standards for using restrictive proceduresnew text begin only in an emergencynew text end ;

(7) obtaining emergency medical assistance;

(8) the physiological and psychological impact of physical holding and seclusion;

(9) monitoring and responding to a child's physical signs of distress when physical
holding is being used; deleted text begin and
deleted text end

(10) recognizing the symptoms of and interventions that may cause positional
asphyxia when physical holding is useddeleted text begin .deleted text end new text begin ;
new text end

new text begin (11) district policies and procedures for timely reporting and documentation of each
incident involving use of a restricted procedure; and
new text end

new text begin (12) schoolwide programs on positive behavior strategies.
new text end

(b) The commissioner, after consulting with the commissioner of human services,
must develop and maintain a list of training programs that satisfy the requirements of
paragraph (a). new text begin The commissioner also must develop and maintain a list of experts to
help individualized education program teams reduce the use of restrictive procedures.
new text end 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 children's
community mental health providers to coordinate trainings.

Subd. 6.

Behavior supports.

School districts are encouraged to establish effective
schoolwide systems of positive behavior interventions and supports. Nothing in this
section or section 125A.0941 precludes the use of reasonable force under sections
121A.582; 609.06, subdivision 1; and 609.379.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund in fiscal year 2014 to the commissioner
of education to: help school districts address the needs of children subject to a high use
of prone restraints under Minnesota Statutes, sections 125A.0941 and 125A.0942; and
work with the commissioner of human services to coordinate appropriations, resources,
and staff expertise to help these children.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end