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HF 2293

as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 01:58pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; extending for one additional year school districts' ability
to use prone restraints under some conditions; requiring data collection and
reporting; amending Minnesota Statutes 2011 Supplement, section 125A.0942,
subdivision 3.

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

Section 1.

Minnesota Statutes 2011 Supplement, section 125A.0942, subdivision 3,
is amended to read:


Subd. 3.

Physical holding or seclusion.

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) the physical holding or seclusion must be the least intrusive intervention that
effectively responds to the emergency;

(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;

(3) staff must directly observe the child while physical holding or seclusion is being
used;

(4) each time physical holding or seclusion is used, the staff person who implements
or oversees the physical holding or seclusion shall document, 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;

(5) 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;

(6) 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

(7) until August 1, deleted text begin 2012deleted text end new text begin 2013new text end , a school district may use prone restraints under
the following conditions:

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

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

(iii) prone restraints may only be used by staff who have received specific training;

(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 or on a district's restrictive
procedure documentation form; and

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

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,
deleted text begin 2012deleted text end new text begin 2013new text end , on the use of prone restraints in the schools.new text begin Consistent with clause (7), item
(iv), the department must collect data on districts' use of prone restraints and publish the
data in a readily accessible format on the department Web site on a quarterly basis.
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