SF 4677

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2026 10:36 a.m.

A bill for an act
relating to education; modifying requirements for restrictive procedures and
seclusion; requiring a report; appropriating money; amending Minnesota Statutes
2024, section 125A.0942.

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

Section 1.

Minnesota Statutes 2024, section 125A.0942, is amended to read:

125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.

Subdivision 1.

Restrictive procedures plan.

(a) Schools that intend to use restrictive
procedures deleted text begin shall deleted text end new text begin must new text end maintain and make publicly accessible in an electronic format on a
school or district website or make a paper copy available upon request describing a restrictive
procedures plan for children with disabilities deleted text begin that at least deleted text end new text begin . The school must notify the
department, in the form and manner prescribed by the commissioner, that the school has a
restrictive procedures plan. The restrictive procedures plan must, at a minimum new text end :

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

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

(3) deleted text begin describes deleted text end new text begin describe new text end how the school will provide training on de-escalation techniques,
consistent with section 122A.187, subdivision 4;

(4) deleted text begin describes deleted text end new text begin describe new text end how the school will monitor and review the use of restrictive
procedures, including:

(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause
(5); and

(ii) convening an oversight committee 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; any disproportionate use of restrictive
procedures based on race, gender, or disability status; the role of the school resource officer
or police in emergencies and the use of restrictive procedures; and documentation to
determine if the standards for using restrictive procedures as described in sections 125A.0941
and 125A.0942 are met; and

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

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

(1) a mental health professional, school psychologist, or school social worker;

(2) an expert in positive behavior strategies;

(3) a special education administrator; and

(4) a general education administrator.

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
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 deleted text begin shall deleted text end new text begin must new text end 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 (f).

(c) The district must hold a meeting of the individualized education program or
individualized family service 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, new text begin review the child's
seclusion data, including frequency and duration of seclusion, new text end and modify the individualized
education program, individualized family service plan, or behavior intervention plan as
appropriate. The district must hold the meeting:

new text begin (1) new text end within ten calendar days after district staff use restrictive procedures on two separate
school days within 30 calendar days deleted text begin or a pattern of use emerges deleted text end new text begin ;
new text end

new text begin (2) within ten calendar days after district staff use a restrictive procedure new text end and the child's
individualized education program, individualized family service plan, or behavior intervention
plan does not provide for using restrictive procedures in an emergency; or

new text begin (3) new text end 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 or individualized family service plan meeting when the child's
individualized education program or individualized family service plan provides for using
restrictive procedures in an emergency.

(d) If the individualized education program or individualized family service plan 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.

(e) At the individualized education program or individualized family service plan meeting
under paragraph (c), the team must review any known medical or psychological limitations,
including any medical information the parent provides voluntarily, that contraindicate the
use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and
document any prohibition in the individualized education program, individualized family
service plan, or behavior intervention plan.

(f) An individualized education program or individualized family service plan team may
plan for using restrictive procedures and may include these procedures in a child's
individualized education program, individualized family service plan, 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,
individualized family service plan, or behavior intervention plan deleted text begin shall deleted text end new text begin must new text end indicate how
the parent wants to be notified when a restrictive procedure is used. new text begin An individualized
education program or individualized family service plan team must include either the child's
treating mental health practitioner or a mental health provider that serves the district.
new text end

new text begin (g) The use of seclusion as a restrictive procedure for a child in grades 1 through 12
must be explicitly agreed to:
new text end

new text begin (1) by all parents or guardians with legal decision-making authority regarding the child;
new text end

new text begin (2) through informed written consent that is separate from any other consent obtained
through the individualized education program or individualized family service plan; and
new text end

new text begin (3) in the parents' or guardians' primary language, in accordance with the district's
language access plan under section 123B.32, and with all necessary interpretation and
cultural supports to ensure adequate understanding of the consent.
new text end

new text begin A parent's or guardian's failure to respond to a request must not be considered as consent
to the use of seclusion.
new text end

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 deleted text begin shall deleted text end new text begin must new text end meet the
following requirements:

(1) physical holding or seclusion is the least intrusive intervention that effectively
responds to the emergency;

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

(3) physical holding or seclusion ends when the threat of harm ends and the staff
determines the child can safely return to the classroom or activity;

(4) staff directly observes the child while physical holding or seclusion is being used;

(5) each time physical holding or seclusion is used, the staff person who implements or
oversees the physical holding or seclusion documents, 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;

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

(v) a brief description of the post-use debriefing that occurred as a result of the use of
the physical hold or seclusion;

(6) 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 and
deleted text end

(7) before using deleted text begin a deleted text end new text begin the new text end 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 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) the school must confirm with the commissioner that the appropriate staff received
the training required under subdivision 5.
new text end

(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary,
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 seclusion.
The statewide plan includes the following components: measurable goals; the resources,
training, technical assistance, mental health services, and collaborative efforts needed to
significantly reduce districts' use of seclusion; and recommendations to clarify and improve
the law governing districts' use of restrictive procedures. new text begin The report must include information
about how the use of seclusion and nonuse of seclusion may correlate with police or
emergency medical service involvement, student injuries, teacher injuries, expulsions,
suspensions, use of physical holds, home-based or federal setting 4 placements, or other
negative outcomes. new text end The commissioner must consult with interested stakeholders when
preparing the report, including representatives of advocacy organizations, special education
directors, teachers, paraprofessionals, intermediate school districts, school boards, day
treatment providers, county social services, state human services department staff, mental
health professionals, and autism experts. Beginning with the 2016-2017 school year, in a
form and manner determined by the commissioner, districts must report data quarterly to
the department by January 15, April 15, July 15, and October 15 about individual students
who have been secluded. By July 15 each year, districts must report summary data on their
use of restrictive procedures to the department for the prior school year, July 1 through June
30, in a form and manner determined by the commissioner. The summary data must include
information about the use of restrictive procedures, including use of reasonable force under
section 121A.582. new text begin The commissioner must develop a statewide system for collecting data
related to seclusion and police or emergency medical service involvement in emergency
situations.
new text end

new text begin (c) The use of seclusion on children in grades 1 through 12 who are receiving federal
setting 3 or 4 special education services is permitted until July 1, 2036, according to the
requirements of subdivision 4. The commissioner must establish annual seclusion rate
thresholds and a rate of decreasing the use of seclusion for each district that results in the
end of seclusion by July 1, 2036. By January 18, 2027, the commissioner must report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
kindergarten through grade 12 education on the annual thresholds and rates of seclusion
that results in the end of the use of seclusion by July 1, 2036. By the end of the 2028-2029
school year, a district that has a seclusion rate above the recommended threshold or a
seclusion rate that is not decreasing at an acceptable rate must adopt a vetted alternative to
seclusion from the list of strategies contained in the department's most recent report under
paragraph (b). The department must implement a corrective action plan with the district
and allocate additional resources to that building, including technical assistance and ongoing
monitoring to address the specific needs and provide targeted support to lower the incidence
of seclusion. The commissioner must include the data on restrictive procedures for each
school district in the district's school report card on the department's website.
new text end

Subd. 4.

Prohibitions.

new text begin (a) new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 chapter 260E;

(7) withholding regularly scheduled meals or water;

(8) denying access to bathroom facilities;

(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;

(10) prone restraint; deleted text begin and
deleted text end

(11) the use of seclusion on children from birth through deleted text begin grade 3 by September 1, 2024. deleted text end new text begin
kindergarten; and
new text end

new text begin (12) the use of seclusion on children in grades 1 through 12, unless the use of seclusion
is explicitly agreed to as provided in subdivision 2, paragraph (g), by the child's parent or
guardian and the individualized education program team members in attendance. Except as
provided in this section, failure of any part of the individualized education program team
to attend a meeting on seclusion will not bar the remaining team members from consenting
to the use of seclusion as provided by statute. If an individualized education program meeting
is convened to discuss the use of seclusion as part of an explicit behavior intervention or
crisis action plan, either the child's treating mental health professional or a school district
mental health professional and a licensed school nurse or registered nurse must be part of
the child's individualized education program team and must be present at the meeting to
discuss seclusion. The team must consider contraindications and alternative restrictive
procedures to use during an emergency before adding seclusion to the child's individualized
education program. A parent or guardian must be shown the seclusion room before providing
explicit written consent for the use of seclusion. In cases of administrative dispute, or other
judicial or quasi-judicial dispute or proceeding, an administrative law judge, mediator,
arbitrator, judge, or other presiding official is prohibited from ordering the use of seclusion
over the objection of a child's parent or guardian. Nothing in this section requires a school
to create a seclusion room if one does not exist.
new text end

new text begin (b) At the end of each school year, a school district must report disaggregated data to
the Department of Education on the number of students whose individualized education
program includes the use of seclusion. By January 10 each year, the commissioner must
report on its website the number of students statewide whose individualized education
program includes the use of seclusion.
new text end

Subd. 5.

Training for staff.

(a) To meet the requirements of subdivision 1, staff who
use restrictive procedures, including paraprofessionals, deleted text begin shall deleted text end new text begin must new text end 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 procedures only in an emergency;

(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;

(10) recognizing the symptoms of and interventions that may cause positional asphyxia
when physical holding is used;

(11) new text begin effective practices for post-restrictive procedures team debriefing meetings, including
the new text end district policies and procedures for timely reporting and documenting each incident
involving use of a restricted procedure; deleted text begin and
deleted text end

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

new text begin (13) effects of trauma on the brain and brain state-dependent functioning; and
new text end

new text begin (14) effective practices for trauma-informed post-restrictive procedures restoration
between school staff, the child, and the child's family.
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). The commissioner also must develop and maintain a list of experts to help individualized
education program or individualized family service plan teams reduce the use of restrictive
procedures. The district deleted text begin shall deleted text end new text begin must new text end 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.

new text begin (c) School staff who are not required to be trained according to paragraph (a) must
complete training in the following areas:
new text end

new text begin (1) crisis prevention and safe crisis management, including modules on the neurobiology
of stress and trauma, effective de-escalation, co-regulation, and understanding sensory
processing needs; and
new text end

new text begin (2) ableism and bias-awareness to increase understanding that what is perceived as
behavior is often part of a person's disability.
new text end

Subd. 6.

Behavior supports; reasonable force.

(a) School districts are encouraged to
establish effective schoolwide systems of positive behavior interventions and supports.

(b) 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. Any reasonable force used
under sections 121A.582; 609.06, subdivision 1; and 609.379 which intends to hold a child
immobile or limit a child's movement where body contact is the only source of physical
restraint or confines a child alone in a room from which egress is barred deleted text begin shall deleted text end new text begin must new text end be
reported to the Department of Education as a restrictive procedure, including physical
holding or seclusion used by an unauthorized or untrained staff person.

deleted text begin (c) By February 1, 2024, the commissioner, in cooperation with stakeholders, must make
recommendations to the legislature for urgently ending seclusion in Minnesota schools. The
commissioner must consult with interested stakeholders, including parents of students who
have been secluded or restrained; advocacy organizations; legal services providers; special
education directors; teachers; paraprofessionals; intermediate school districts and cooperative
units as defined under section 123A.24, subdivision 2; school boards; day treatment
providers; county social services; state human services department staff; mental health
professionals; autism experts; and representatives of groups disproportionately affected by
restrictive procedures, including People of Color and people with disabilities. The
recommendations must include specific dates for ending seclusion by grade or facility. The
recommendations must identify existing resources and the new resources necessary for staff
capacity, staff training, children's supports, child mental health services, and schoolwide
collaborative efforts.
deleted text end

new text begin Subd. 7. new text end

new text begin Department of Education responsibilities. new text end

new text begin (a) The Department of Education
must report to the legislature according to the requirements in subdivision 3, paragraph (b),
on school districts' progress in reducing the use of restrictive procedures.
new text end

new text begin (b) The department must provide each school district that uses seclusion with the list of
evidence-based alternatives to seclusion contained in the annual report under subdivision
3, paragraph (b).
new text end

new text begin (c) The department must designate on their website a list of school districts and a contact
person at each district who may provide technical assistance to other schools interested in
adopting an alternative to seclusion used at the district.
new text end

new text begin (d) The department must annually provide districts with information about professional
development opportunities available throughout the state on alternatives to seclusion, in
addition to the training programs listed according to subdivision 5.
new text end

new text begin (e) The department must include a district's data on the use of restrictive procedures for
each school district that notifies the department under subdivision 1 of a restrictive procedures
plan on the district's Minnesota report card according to subdivision 3, paragraph (c).
new text end

Sec. 2. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Data accountability. new text end

new text begin (a) To establish a data-accountability system related to
the use of restrictive procedures:
new text end

new text begin $ new text end

new text begin ....... new text end

new text begin ..... new text end

new text begin 2027 new text end

new text begin (b) The amount in paragraph (a) is for an annual review of restrictive procedures plans
and the use of seclusion, and for strategic target-setting for schools to end the use of seclusion
in grades 1 through 12 by July 1, 2036, in accordance with Minnesota Statutes, section
125A.0942.
new text end

new text begin Subd. 3. new text end

new text begin School staff training. new text end

new text begin (a) For aid to schools to provide the required staff training
under Minnesota Statutes, section 125A.0942, subdivision 5:
new text end

new text begin $ new text end

new text begin ....... new text end

new text begin ..... new text end

new text begin 2027 new text end

new text begin (b) A school must apply for the aid in the form and manner prescribed by the
commissioner. If the requests for funding exceed the available appropriation, the
commissioner must prorate the awarded amounts.
new text end

new text begin Subd. 4. new text end

new text begin Alternatives to seclusion. new text end

new text begin (a) For aid to schools to implement evidence-based
alternatives to seclusion in order to eliminate seclusion in grades 1 through 12 by July 1,
2036:
new text end

new text begin $ new text end

new text begin ....... new text end

new text begin ..... new text end

new text begin 2027 new text end

new text begin (b) A school must apply for the aid in the form and manner prescribed by the
commissioner. After the 2028-2029 school year, the commissioner must give priority to
schools that have a seclusion rate above the recommended threshold or a seclusion rate that
is not decreasing at an acceptable rate according to Minnesota Statutes, section 125A.0942,
subdivision 3, paragraph (c).
new text end