HF 2476

as introduced - 88th Legislature (2013 - 2014) Posted on 03/10/2014 03:44pm

A bill for an act
relating to education; clarifying standards for restrictive procedures; appropriating
money; amending Minnesota Statutes 2013 Supplement, section 125A.0942.

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

Section 1.

Minnesota Statutes 2013 Supplement, 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 shall maintain and make publicly accessible in an electronic format
on a school or district Web site or make a paper copy available upon request describing a
restrictive procedures plan for children with disabilities that at least:

(1) lists the restrictive procedures the school intends to use;

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

(3) new text begin describes how the school will provide training on de-escalation techniques,
consistent with section 122A.09, subdivision 4, paragraph (k);
new text end

new text begin (4) new text end describes 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; and

deleted text begin (4) deleted text end new text begin (5) new text end includes 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 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 deleted text begin (d) deleted text end new text begin (f) new text end .

(c) 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. 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.

(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.

(e) At the individualized education program 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 or behavior intervention plan.

(f) 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) 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 deleted text begin March 1, 2014 deleted text end new text begin February 1, 2015, and annually thereafter new text end , 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: 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. new text begin The summary data must include information about the use of restrictive
procedures, including use of reasonable force under section 121A.582.
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 procedures, including paraprofessionals, 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 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) district policies and procedures for timely reporting and documenting each
incident involving use of a restricted procedure; and

(12) schoolwide programs on positive behavior strategies.

(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 teams reduce the use of restrictive procedures.
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. deleted text begin 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.
deleted text end

new text begin Subd. 7. new text end

new text begin Reasonable force. new text end

new text begin 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.
For the 2014-2015 school year and later, districts must collect and submit to the
commissioner summary data, consistent with subdivision 3, paragraph (b), on district use
of reasonable force that is consistent with the definition of physical holding or seclusion
for a child with a disability under this section.
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. new text begin APPROPRIATION.
new text end

new text begin $250,000 is appropriated in fiscal year 2015 from the general fund to the
commissioner of education for the purpose of assisting school districts in meeting the
needs of children who have experienced a high use of prone restraints, consistent
with Minnesota Statutes 2013 Supplement, section 125A.0942. The commissioners of
education and human services, or their designees, must discuss coordinating use of funds
and personnel available for this purpose within their respective departments.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2015.
new text end