SF 2202

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for seclusion with 
  1.3             aversive and deprivation procedures; providing for 
  1.4             rulemaking; amending Minnesota Statutes 2002, sections 
  1.5             121A.66, subdivision 5, by adding a subdivision; 
  1.6             121A.67. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 121A.66, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [EMERGENCY.] "Emergency" means a any situation in 
  1.11  which the immediate intervention use of regulated interventions 
  1.12  as defined in Minnesota Rules, part 3525.2900, subpart 5, or 
  1.13  other procedure is necessary to protect a pupil or other 
  1.14  individual from physical injury or to prevent serious property 
  1.15  damage.  Emergency also includes any situation in which a law 
  1.16  enforcement official restrains or removes a pupil from a 
  1.17  classroom, building, or school grounds in response to the 
  1.18  pupil's behavior on school grounds.  
  1.19     Sec. 2.  Minnesota Statutes 2002, section 121A.66, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 6.  [SECLUSION.] "Seclusion" means the involuntary 
  1.22  confinement of a pupil alone in a room or area from which the 
  1.23  pupil is prevented from leaving. 
  1.24     Sec. 3.  Minnesota Statutes 2002, section 121A.67, is 
  1.25  amended to read: 
  1.26     121A.67 [AVERSIVE AND DEPRIVATION PROCEDURES.] 
  2.1      The commissioner must adopt amend rules governing the use 
  2.2   of aversive and deprivation procedures by school district 
  2.3   employees or persons under contract with a school district.  The 
  2.4   rules must: 
  2.5      (1) promote the use of positive approaches and must not 
  2.6   encourage or require the use of aversive or deprivation 
  2.7   procedures; 
  2.8      (2) require that planned application of aversive and 
  2.9   deprivation procedures only be a part of an instituted after 
  2.10  completion of a functional behavior assessment and behavior 
  2.11  intervention plan that is included in the individual education 
  2.12  plan; 
  2.13     (3) require parents or guardians to be notified after the 
  2.14  use of aversive or deprivation procedures in an emergency; 
  2.15     (4) establish health and safety standards for the use of 
  2.16  time-out procedures that require a safe environment, continuous 
  2.17  monitoring of the child, ventilation, and adequate space; and 
  2.18     (5) contain a list of prohibited procedures; 
  2.19     (6) consolidate and clarify provisions relating to behavior 
  2.20  support plans in Minnesota Rules, chapter 3525; 
  2.21     (7) require school districts to report to the commissioner 
  2.22  any use of emergency procedures and to register with the 
  2.23  commissioner any room used for seclusion; 
  2.24     (8) provide that a pupil may not be placed in seclusion 
  2.25  except in an emergency in which no safe alternative intervention 
  2.26  is available and then only so long as the emergency continues; 
  2.27  and 
  2.28     (9) require that school districts establish oversight 
  2.29  committees to review the efficacy of behavior support plans 
  2.30  which include use of aversive or deprivation procedures.