HF 2016

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; authorizing positive behavioral
supports, physical intervention, and isolation
time-outs; authorizing rulemaking; amending Minnesota
Statutes 2004, sections 121A.66, subdivision 5, by
adding subdivisions; 121A.67.

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

Section 1.

Minnesota Statutes 2004, section 121A.66,
subdivision 5, is amended to read:

Subd. 5.

Emergency.

"Emergency" means a situation in
which new text begin :
new text end

new text begin (1) new text end immediate deleted text begin intervention deleted text end new text begin use of regulated interventions
new text end is necessary to protect a pupil or other individual from
physical injury or to prevent new text begin serious new text end property damage new text begin ; or
new text end

new text begin (2) a law enforcement official restrains or removes a pupil
from a classroom, school building, or school grounds in response
to the pupil's behavior while attending school new text end .

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 2004, section 121A.66, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Positive behavioral interventions and supports.
new text end

new text begin "Positive behavioral interventions and supports" means those
strategies used to modify the school environment and teach
pupils skills likely to increase their ability to exhibit
appropriate behaviors.
new text end

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.

Minnesota Statutes 2004, section 121A.66, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Physical intervention. new text end

new text begin "Physical intervention"
means the use of physical restraint techniques to safely control
a pupil until the pupil regains control of the pupil's behaviors.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2004, section 121A.66, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Time-out. new text end

new text begin (a) "Time-out" means:
new text end

new text begin (1) contingent observation, which is a nonregulated
intervention that involves instructing the pupil to leave the
reinforcing activity and not participate for a period of time
but to observe the activity and listen to the discussion from a
time-out area within the same setting;
new text end

new text begin (2) exclusionary time-out, which is a nonregulated
intervention that involves instructing the pupil to leave the
reinforcing activity and not participate in or observe the
activity but to go to another area from which the pupil may
leave; or
new text end

new text begin (3) locked time-out, which is a nonregulated intervention
that involves involuntarily removing the pupil from the
reinforcing activity and placing the pupil in a specially
designed and continuously supervised isolation room that the
pupil is prevented from leaving.
new text end

new text begin (b) A time-out not specifically identified in this
subdivision is prohibited.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2004, section 121A.67, is
amended to read:

121A.67 AVERSIVE AND DEPRIVATION PROCEDURES.

The commissioner new text begin , in consultation with interested parent
organizations and advocacy groups, the Minnesota Administrators
for Special Education, the Minnesota Association of School
Administrators, Ed Minnesota, the Minnesota School Boards
Association, the Minnesota Police Officers Association, and the
Elementary School Principals Association and the Secondary
School Principals Association, new text end must deleted text begin adopt deleted text end new text begin amend new text end rules governing
the use of aversive and deprivation procedures by school
district employees or persons under contract with a school
district. The rules must:

(1) promote the use of positive deleted text begin approaches deleted text end new text begin behavioral
interventions and supports new text end and must not encourage or require the
use of aversive or deprivation procedures;

(2) require that planned application of aversive and
deprivation procedures new text begin only new text end be deleted text begin a part of an deleted text end new text begin instituted after
trained personnel complete a functional behavior assessment and
develop a behavior intervention plan that is included in the
new text end individual education plan;

(3) require deleted text begin parents or guardians to be notified after the
use of deleted text end new text begin district personnel to notify a student's parent or
guardian on the same day new text end aversive or deprivation procedures new text begin are
used new text end in an emergency new text begin or in writing within 24 hours if district
personnel are unable to provide same-day notice new text end ;

(4) establish health and safety standards for the use of
new text begin locked new text end time-out procedures that require a safe environment,
continuous monitoring of the child, ventilation, deleted text begin and deleted text end adequate
space new text begin , a locking mechanism that disengages automatically when
not continuously engaged by school personnel, and full
compliance with state and local fire and building codes,
including state policies on time-out rooms new text end ; deleted text begin and
deleted text end

(5) contain a list of prohibited procedures deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) consolidate and clarify provisions related to behavior
support plans;
new text end

new text begin (7) require school districts to register with the
commissioner any room used for locked time-out, which the
commissioner must monitor by making announced and unannounced
on-site visits;
new text end

new text begin (8) place a student in locked time-out only if the
intervention is (i) part of the comprehensive behavior
intervention plan that is included in the student's
individualized education plan and the plan uses positive
behavioral interventions and supports, is approved by a district
oversight committee, and data support its continued use, or (ii)
used in an emergency for the duration of the emergency only; and
new text end

new text begin (9) require school districts and cooperatives to establish
oversight committees composed of members trained in behavioral
analysis to review all data measuring the frequency and duration
of the targeted behavior before and after implementing aversive
and deprivation procedures in order to approve and evaluate the
efficacy of behavior support plans that incorporate the use of
aversive and deprivation procedures.
new text end

new text begin EFFECTIVE DATE. new text end

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