SF 1917

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/17/2012 08:26am

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 2010, sections 125A.0941; 125A.0942,
subdivision 4; Minnesota Statutes 2011 Supplement, section 125A.0942,
subdivision 3.

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

Section 1.

Minnesota Statutes 2010, section 125A.0941, is amended to read:

125A.0941 DEFINITIONS.

(a) The following terms have the meanings given them.

(b) "Emergency" means a situation where immediate intervention is needed to protect
a child or other individual from physical injury or to prevent serious property damage.

(c) "Physical holding" means physical intervention intended to hold a child
immobile or limit a child's movement deleted text begin and deleted text end new text begin , new text end where body contact is the only source of
physical restraint new text begin , and where immobilization is used to effectively gain control of a child
in order to protect the child or other person from injury new text end . The term physical holding does
not mean physical contact that:

(1) helps a child respond or complete a task;

(2) assists a child without restricting the child's movement;

(3) is needed to administer an authorized health-related service or procedure; or

(4) is needed to physically escort a child when the child does not resist or the child's
resistance is minimal.

(d) "Positive behavioral interventions and supports" means interventions and
strategies to improve the school environment and teach children the skills to behave
appropriately.

(e) new text begin "Prone restraint" means placing a child in a face down position.
new text end

new text begin (f) new text end "Restrictive procedures" means the use of physical holding or seclusion in an
emergency.

deleted text begin (f) deleted text end new text begin (g) new text end "Seclusion" means confining a child alone in a room from which egress is
barred. Removing a child from an activity to a location where the child cannot participate
in or observe the activity is not seclusion.

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

Subd. 3.

Physical holding or seclusion.

new text begin (a) new text end 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 2012 deleted text end new text begin 2013 new text end , a school district may use prone restraints new text begin with
children age five or older new text end 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 deleted text begin or on a district's restrictive
procedure documentation form deleted text end ; 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 2012 deleted text end new text begin 2013 new text end , on the use of prone restraints in the schools. new text begin Consistent with 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's Web site on a quarterly basis.
new text end

new text begin (b) The department must develop a statewide plan by February 1, 2013, to reduce
districts' use of restrictive procedures that includes: 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 department
must convene interested stakeholders to develop the statewide plan and identify the need
for technical assistance, including representatives of advocacy organizations, special
education directors, intermediate school districts, school boards, day treatment providers,
state human services department staff, mental health professionals, and autism experts. To
assist the department and stakeholders under this paragraph, school districts must report
summary data to the department by July 1, 2012, on districts' use of restrictive procedures
during the 2011-2012 school year, including data on the number of incidents involving
restrictive procedures, the total number of students on which restrictive procedures were
used, the number of resulting injuries, relevant demographic data on the students and
school, and other relevant data collected by the district.
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 2010, section 125A.0942, subdivision 4, is amended to read:

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 new text begin , 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 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