language to be deleted (2) new language
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.