Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 495-S.F.No. 2318 
           An act relating to education; clarifying that statutes 
          governing aversive and deprivation procedures apply to 
          handicapped pupils; requiring that rules of the state 
          board of education contain a list of prohibited 
          procedures; amending Minnesota Statutes 1988, sections 
          127.43, subdivision 1; and 127.44. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 127.43, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION.] For the purposes of 
providing instruction to handicapped children under section 
120.17, this section and section 127.44, the following terms 
have the meanings given them.  
    Sec. 2.  Minnesota Statutes 1988, section 127.44, is 
amended to read: 
    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; and 
    (5) contain a list of prohibited procedures. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:50 p.m.