HF 1024

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/10/2015 07:58am

A bill for an act
relating to education; modifying certain restrictive procedure provisions;
providing training and technical assistance to school districts to reduce use of
seclusion and restraint; appropriating money; amending Minnesota Statutes
2014, section 125A.0942, subdivision 3.

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

Section 1.

Minnesota Statutes 2014, section 125A.0942, subdivision 3, is amended to
read:

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) 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; and

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

(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;

(7) 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

(8) until August 1, 2015, a school district may use prone restraints with children
age five or older if:

(i) the district has provided to the department a list of staff who have had specific
training on the use of prone restraints;

(ii) the district provides information on the type of training that was provided and
by whom;

(iii) only staff who received specific training use prone restraints;

(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) the district, before using prone restraints, must review any known medical or
psychological limitations that contraindicate the use of prone restraints.

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) By February 1, 2015, and annually thereafter, stakeholders deleted text begin must deleted text end new text begin may, as
necessary, new text end 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:
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 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. 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. The summary data must include information about the
use of restrictive procedures, including use of reasonable force under section 121A.582.

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. new text begin TRAINING AND TECHNICAL ASSISTANCE TO REDUCE DISTRICT
USE OF SECLUSION AND RESTRAINT; APPROPRIATION.
new text end

new text begin $750,000 in fiscal year 2016 is appropriated from the general fund to the
commissioner of education for providing school districts with training and technical
assistance to reduce district use of seclusion and restraint on students with complex needs.
Of this appropriation, $500,000 is available to the commissioner to reimburse school
districts for the cost of hiring experts to provide staff training in reducing district use of
seclusion and restraint on students with complex needs. Of this appropriation, $250,000 is
available to the commissioner for the costs of providing specialized training and assistance
to school districts with a high use of seclusion and restraint on students with complex needs.
The commissioner may contract with experts from intermediate school districts teams or
level four programs to provide the specialized training and technical assistance. Any funds
unexpended in fiscal year 2016 do not cancel but carry forward into the next fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end