Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 554-S.F.No. 1695 
           An act relating to education; requiring the state 
          board of education to adopt rules regulating aversive 
          and deprivation procedures; proposing coding for new 
          law in Minnesota Statutes, chapter 127. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [127.43] [DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] For the purposes of sections 
1 and 2, the following terms have the meanings given them.  
    Subd. 2.  [AVERSIVE PROCEDURE.] "Aversive procedure" means 
the planned application of an aversive stimulus. 
    Subd. 3.  [AVERSIVE STIMULUS.] "Aversive stimulus" means an 
object that is used, or an event or situation that occurs 
immediately after a specified behavior in order to suppress that 
behavior.  
    Subd. 4.  [DEPRIVATION PROCEDURE.] "Deprivation procedure" 
means the planned delay or withdrawal of goods, services, or 
activities that the person would otherwise receive.  
    Subd. 5.  [EMERGENCY.] "Emergency" means a situation in 
which immediate intervention is necessary to protect a pupil or 
other individual from physical injury or to prevent property 
damage.  
    Sec. 2.  [127.44] [AVERSIVE AND DEPRIVATION PROCEDURES.] 
    The state board of education shall adopt 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 approaches and must not 
encourage or require the use of aversive or deprivation 
procedures;  
    (2) require that planned application of aversive and 
deprivation procedures be a part of an individual education plan;
    (3) require parents or guardians to be notified after the 
use of aversive or deprivation procedures in an emergency; and 
    (4) establish health and safety standards for the use of 
time-out procedures that require a safe environment, continuous 
monitoring of the child, ventilation, and adequate space. 
    Approved April 18, 1988