1.1 	A bill for an act
1.2 	relating to education; repealing standards for restrictive procedures;amending 
1.3 	Minnesota Statutes 2018, sections 121A.582, subdivision 1; 122A.187, subdivision 
1.4 	6; 125A.094; Minnesota Statutes 2019 Supplement, section 626.556, subdivision 
1.5 	2; repealing Minnesota Statutes 2018, section 125A.0942.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	ARTICLE 1
1.8 	REPEALER

1.9 	Section 1. REPEALER.
 1.10 	Minnesota Statutes 2018, section 125A.0942, is repealed.

1.11 	ARTICLE 2
1.12 	CONFORMING AMENDMENTS

1.13 	Section 1. Minnesota Statutes 2018, section 121A.582, subdivision 1, is amended to read:
1.14 		Subdivision 1.Reasonable force standard. (a) A teacher or school principal, in 
1.15 	exercising the person's lawful authority, may use reasonable force when it is necessary under 
1.16 	the circumstances to correct or restrain a student or prevent bodily harm or death to another.
1.17 	(b) A school employee, school bus driver, or other agent of a district, in exercising the 
1.18 	person's lawful authority, may use reasonable force when it is necessary under the 
1.19 	circumstances to restrain a student or prevent bodily harm or death to another.
1.20 	(c) Paragraphs (a) and (b) do not authorize conduct prohibited under section 125A.0942.

2.1 	Sec. 2. Minnesota Statutes 2018, section 122A.187, subdivision 6, is amended to read:
2.2 		Subd. 6.Mental illness. The Professional Educator Licensing and Standards Board must 
2.3 	adopt rules that require all licensed teachers renewing a Tier 3 or Tier 4 teaching license 
2.4 	under sections 122A.183 and 122A.184, respectively, to include in the renewal requirements 
2.5 	at least one hour of suicide prevention best practices in each licensure renewal period based 
2.6 	on nationally recognized evidence-based programs and practices, among the continuing 
2.7 	education credits required to renew a license under this subdivision, and further preparation, 
2.8 	first, in understanding the key warning signs of early-onset mental illness in children and 
2.9 	adolescents and then, during subsequent licensure renewal periods, preparation may include 
2.10 	providing a more in-depth understanding of students' mental illness trauma, accommodations 
2.11 	for students' mental illness, parents' roles in addressing students' mental illness, Fetal Alcohol 
2.12 	Spectrum Disorders, autism, the requirements of section 125A.0942 governing restrictive 
2.13 	procedures, and de-escalation methods, among other similar topics.

2.14 	Sec. 3. Minnesota Statutes 2018, section 125A.094, is amended to read:
2.15 	125A.094 RESTRICTIVE PROCEDURES FOR CHILDREN WITH 
2.16 	DISABILITIES.
2.17 	The use of restrictive procedures for children with disabilities is governed by sections
2.18 	section125A.0941 and 125A.0942.

2.19 	Sec. 4. Minnesota Statutes 2019 Supplement, section 626.556, subdivision 2, is amended 
2.20 	to read:
2.21 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
2.22 	given them unless the specific content indicates otherwise:
2.23 	(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence 
2.24 	or event which:
2.25 	(1) is not likely to occur and could not have been prevented by exercise of due care; and
2.26 	(2) if occurring while a child is receiving services from a facility, happens when the 
2.27 	facility and the employee or person providing services in the facility are in compliance with 
2.28 	the laws and rules relevant to the occurrence or event.
2.29 	(b) "Commissioner" means the commissioner of human services.
2.30 	(c) "Facility" means:
3.1 	(1) a licensed or unlicensed day care facility, certified license-exempt child care center, 
3.2 	residential facility, agency, hospital, sanitarium, or other facility or institution required to 
3.3 	be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 
3.4 	144H, 245D, or 245H;
3.5 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
3.6 	or
3.7 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
3.8 	subdivision 19a.
3.9 	(d) "Family assessment" means a comprehensive assessment of child safety, risk of 
3.10 	subsequent child maltreatment, and family strengths and needs that is applied to a child 
3.11 	maltreatment report that does not allege sexual abuse or substantial child endangerment. 
3.12 	Family assessment does not include a determination as to whether child maltreatment 
3.13 	occurred but does determine the need for services to address the safety of family members 
3.14 	and the risk of subsequent maltreatment.
3.15 	(e) "Investigation" means fact gathering related to the current safety of a child and the 
3.16 	risk of subsequent maltreatment that determines whether child maltreatment occurred and 
3.17 	whether child protective services are needed. An investigation must be used when reports 
3.18 	involve sexual abuse or substantial child endangerment, and for reports of maltreatment in 
3.19 	facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under 
3.20 	sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05, 
3.21 	subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider 
3.22 	association as defined in section 256B.0625, subdivision 19a.
3.23 	(f) "Mental injury" means an injury to the psychological capacity or emotional stability 
3.24 	of a child as evidenced by an observable or substantial impairment in the child's ability to 
3.25 	function within a normal range of performance and behavior with due regard to the child's 
3.26 	culture.
3.27 	(g) "Neglect" means the commission or omission of any of the acts specified under 
3.28 	clauses (1) to (9), other than by accidental means:
3.29 	(1) failure by a person responsible for a child's care to supply a child with necessary 
3.30 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
3.31 	mental health when reasonably able to do so;
3.32 	(2) failure to protect a child from conditions or actions that seriously endanger the child's 
3.33 	physical or mental health when reasonably able to do so, including a growth delay, which 
4.1 	may be referred to as a failure to thrive, that has been diagnosed by a physician and is due 
4.2 	to parental neglect;
4.3 	(3) failure to provide for necessary supervision or child care arrangements appropriate 
4.4 	for a child after considering factors as the child's age, mental ability, physical condition, 
4.5 	length of absence, or environment, when the child is unable to care for the child's own basic 
4.6 	needs or safety, or the basic needs or safety of another child in their care;
4.7 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
4.8 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
4.9 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 
4.10 	5;
4.11 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
4.12 	because the child's parent, guardian, or other person responsible for the child's care in good 
4.13 	faith selects and depends upon spiritual means or prayer for treatment or care of disease or 
4.14 	remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, 
4.15 	or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of 
4.16 	medical care may cause serious danger to the child's health. This section does not impose 
4.17 	upon persons, not otherwise legally responsible for providing a child with necessary food, 
4.18 	clothing, shelter, education, or medical care, a duty to provide that care;
4.19 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 
4.20 	2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in 
4.21 	the child at birth, results of a toxicology test performed on the mother at delivery or the 
4.22 	child at birth, medical effects or developmental delays during the child's first year of life 
4.23 	that medically indicate prenatal exposure to a controlled substance, or the presence of a 
4.24 	fetal alcohol spectrum disorder;
4.25 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
4.26 	(8) chronic and severe use of alcohol or a controlled substance by a parent or person 
4.27 	responsible for the care of the child that adversely affects the child's basic needs and safety; 
4.28 	or
4.29 	(9) emotional harm from a pattern of behavior which contributes to impaired emotional 
4.30 	functioning of the child which may be demonstrated by a substantial and observable effect 
4.31 	in the child's behavior, emotional response, or cognition that is not within the normal range 
4.32 	for the child's age and stage of development, with due regard to the child's culture.
4.33 	(h) "Nonmaltreatment mistake" means:
5.1 	(1) at the time of the incident, the individual was performing duties identified in the 
5.2 	center's child care program plan required under Minnesota Rules, part 9503.0045;
5.3 	(2) the individual has not been determined responsible for a similar incident that resulted 
5.4 	in a finding of maltreatment for at least seven years;
5.5 	(3) the individual has not been determined to have committed a similar nonmaltreatment 
5.6 	mistake under this paragraph for at least four years;
5.7 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
5.8 	remedies that are available over the counter, whether ordered by a medical professional or 
5.9 	not; and
5.10 	(5) except for the period when the incident occurred, the facility and the individual 
5.11 	providing services were both in compliance with all licensing requirements relevant to the 
5.12 	incident.
5.13 	This definition only applies to child care centers licensed under Minnesota Rules, chapter 
5.14 	9503. If clauses (1) to (5) apply, rather than making a determination of substantiated 
5.15 	maltreatment by the individual, the commissioner of human services shall determine that a 
5.16 	nonmaltreatment mistake was made by the individual.
5.17 	(i) "Operator" means an operator or agency as defined in section 245A.02.
5.18 	(j) "Person responsible for the child's care" means (1) an individual functioning within 
5.19 	the family unit and having responsibilities for the care of the child such as a parent, guardian, 
5.20 	or other person having similar care responsibilities, or (2) an individual functioning outside 
5.21 	the family unit and having responsibilities for the care of the child such as a teacher, school 
5.22 	administrator, other school employees or agents, or other lawful custodian of a child having 
5.23 	either full-time or short-term care responsibilities including, but not limited to, day care, 
5.24 	babysitting whether paid or unpaid, counseling, teaching, and coaching.
5.25 	(k) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
5.26 	inflicted by a person responsible for the child's care on a child other than by accidental 
5.27 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
5.28 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
5.29 	that have not been authorized under section 125A.0942 or245.825.
5.30 	Abuse does not include reasonable and moderate physical discipline of a child 
5.31 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
5.32 	not include the use of reasonable force by a teacher, principal, or school employee as allowed 
6.1 	by section 121A.582. Actions which are not reasonable and moderate include, but are not 
6.2 	limited to, any of the following:
6.3 	(1) throwing, kicking, burning, biting, or cutting a child;
6.4 	(2) striking a child with a closed fist;
6.5 	(3) shaking a child under age three;
6.6 	(4) striking or other actions which result in any nonaccidental injury to a child under 18 
6.7 	months of age;
6.8 	(5) unreasonable interference with a child's breathing;
6.9 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
6.10 	(7) striking a child under age one on the face or head;
6.11 	(8) striking a child who is at least age one but under age four on the face or head, which 
6.12 	results in an injury;
6.13 	(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
6.14 	substances which were not prescribed for the child by a practitioner, in order to control or 
6.15 	punish the child; or other substances that substantially affect the child's behavior, motor 
6.16 	coordination, or judgment or that results in sickness or internal injury, or subjects the child 
6.17 	to medical procedures that would be unnecessary if the child were not exposed to the 
6.18 	substances;
6.19 	(10) unreasonable physical confinement or restraint not permitted under section 609.379, 
6.20 	including but not limited to tying, caging, or chaining; or
6.21 	(11) in a school facility or school zone, an act by a person responsible for the child's 
6.22 	care that is a violation under section 121A.58.
6.23 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is not 
6.24 	limited to employee assistance counseling and the provision of guardian ad litem and 
6.25 	parenting time expeditor services.
6.26 	(m) "Report" means any communication received by the local welfare agency, police 
6.27 	department, county sheriff, or agency responsible for child protection pursuant to this section 
6.28 	that describes neglect or physical or sexual abuse of a child and contains sufficient content 
6.29 	to identify the child and any person believed to be responsible for the neglect or abuse, if 
6.30 	known.
7.1 	(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's 
7.2 	care, by a person who has a significant relationship to the child, as defined in section 609.341, 
7.3 	or by a person in a current or recent position of authority, as defined in section 609.341, 
7.4 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
7.5 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344
7.6 	(criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth 
7.7 	degree), 609.3451 (criminal sexual conduct in the fifth degree), or 609.352 (solicitation of 
7.8 	children to engage in sexual conduct; communication of sexually explicit materials to 
7.9 	children). Sexual abuse also includes any act which involves a minor which constitutes a 
7.10 	violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual 
7.11 	abuse includes all reports of known or suspected child sex trafficking involving a child who 
7.12 	is identified as a victim of sex trafficking. Sexual abuse includes child sex trafficking as 
7.13 	defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes threatened sexual 
7.14 	abuse which includes the status of a parent or household member who has committed a 
7.15 	violation which requires registration as an offender under section 243.166, subdivision 1b, 
7.16 	paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph 
7.17 	(a) or (b).
7.18 	(o) "Substantial child endangerment" means a person responsible for a child's care, by 
7.19 	act or omission, commits or attempts to commit an act against a child under their care that 
7.20 	constitutes any of the following:
7.21 	(1) egregious harm as defined in section 260C.007, subdivision 14;
7.22 	(2) abandonment under section 260C.301, subdivision 2;
7.23 	(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's 
7.24 	physical or mental health, including a growth delay, which may be referred to as failure to 
7.25 	thrive, that has been diagnosed by a physician and is due to parental neglect;
7.26 	(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
7.27 	(5) manslaughter in the first or second degree under section 609.20 or 609.205;
7.28 	(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
7.29 	(7) solicitation, inducement, and promotion of prostitution under section 609.322;
7.30 	(8) criminal sexual conduct under sections 609.342 to 609.3451;
7.31 	(9) solicitation of children to engage in sexual conduct under section 609.352;
8.1 	(10) malicious punishment or neglect or endangerment of a child under section 609.377 
8.2 	or 609.378;
8.3 	(11) use of a minor in sexual performance under section 617.246; or
8.4 	(12) parental behavior, status, or condition which mandates that the county attorney file 
8.5 	a termination of parental rights petition under section 260C.503, subdivision 2.
8.6 	(p) "Threatened injury" means a statement, overt act, condition, or status that represents 
8.7 	a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, 
8.8 	but is not limited to, exposing a child to a person responsible for the child's care, as defined 
8.9 	in paragraph (j), clause (1), who has:
8.10 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
8.11 	constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law 
8.12 	of another jurisdiction;
8.13 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
8.14 	(b), clause (4), or a similar law of another jurisdiction;
8.15 	(3) committed an act that has resulted in an involuntary termination of parental rights 
8.16 	under section 260C.301, or a similar law of another jurisdiction; or
8.17 	(4) committed an act that has resulted in the involuntary transfer of permanent legal and 
8.18 	physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, 
8.19 	subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law 
8.20 	of another jurisdiction.
8.21 	A child is the subject of a report of threatened injury when the responsible social services 
8.22 	agency receives birth match data under paragraph (q) from the Department of Human 
8.23 	Services.
8.24 	(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth 
8.25 	record or recognition of parentage identifying a child who is subject to threatened injury 
8.26 	under paragraph (p), the Department of Human Services shall send the data to the responsible 
8.27 	social services agency. The data is known as "birth match" data. Unless the responsible 
8.28 	social services agency has already begun an investigation or assessment of the report due 
8.29 	to the birth of the child or execution of the recognition of parentage and the parent's previous 
8.30 	history with child protection, the agency shall accept the birth match data as a report under 
8.31 	this section. The agency may use either a family assessment or investigation to determine 
8.32 	whether the child is safe. All of the provisions of this section apply. If the child is determined 
8.33 	to be safe, the agency shall consult with the county attorney to determine the appropriateness 
9.1 	of filing a petition alleging the child is in need of protection or services under section 
9.2 	260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is 
9.3 	determined not to be safe, the agency and the county attorney shall take appropriate action 
9.4 	as required under section 260C.503, subdivision 2.
9.5 	(r) Persons who conduct assessments or investigations under this section shall take into 
9.6 	account accepted child-rearing practices of the culture in which a child participates and 
9.7 	accepted teacher discipline practices, which are not injurious to the child's health, welfare, 
9.8 	and safety.

APPENDIX 

Repealed Minnesota Statutes: 20-6989 

125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.Subdivision 1.Restrictive procedures plan. 
(a) Schools that intend to use restrictive procedures shall maintain and make publicly accessible in an electronic format on a school or district website or make a paper copy available upon request describing a restrictive procedures plan for children with disabilities that at least: 

(1) lists the restrictive procedures the school intends to use; 

(2) describes how the school will implement a range of positive behavior strategies and provide links to mental health services; 

(3) describes how the school will provide training on de-escalation techniques, consistent with section 122A.187, subdivision 4; 

(4) describes how the school will monitor and review the use of restrictive procedures, including: 

(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause (5); and 

(ii) convening an oversight committee to undertake a quarterly review of the use of restrictive procedures based on patterns or problems indicated by similarities in the time of day, day of the week, duration of the use of a procedure, the individuals involved, or other factors associated with the use of restrictive procedures; the number of times a restrictive procedure is used schoolwide and for individual children; the number and types of injuries, if any, resulting from the use of restrictive procedures; whether restrictive procedures are used in nonemergency situations; the need for additional staff training; and proposed actions to minimize the use of restrictive procedures; and 

(5) includes a written description and documentation of the training staff completed under subdivision 5. 

(b) Schools annually must publicly identify oversight committee members who must at least include: 

(1) a mental health professional, school psychologist, or school social worker; 

(2) an expert in positive behavior strategies; 

(3) a special education administrator; and 

(4) a general education administrator. 

Subd. 2.Restrictive procedures. 
(a) Restrictive procedures may be used only by a licensed special education teacher, school social worker, school psychologist, behavior analyst certified by the National Behavior Analyst Certification Board, a person with a master's degree in behavior analysis, other licensed education professional, paraprofessional under section 120B.363, or mental health professional under section 245.4871, subdivision 27, who has completed the training program under subdivision 5. 

(b) A school shall make reasonable efforts to notify the parent on the same day a restrictive procedure is used on the child, or if the school is unable to provide same-day notice, notice is sent within two days by written or electronic means or as otherwise indicated by the child's parent under paragraph (f). 

(c) The district must hold a meeting of the individualized education program team, conduct or review a functional behavioral analysis, review data, consider developing additional or revised positive behavioral interventions and supports, consider actions to reduce the use of restrictive procedures, and modify the individualized education program or behavior intervention plan as appropriate. The district must hold the meeting: within ten calendar days after district staff use restrictive procedures on two separate school days within 30 calendar days or a pattern of use emerges and the child's individualized education program or behavior intervention plan does not provide for using restrictive procedures in an emergency; or at the request of a parent or the district after restrictive procedures are used. The district must review use of restrictive procedures at a child's annual individualized education program meeting when the child's individualized education program provides for using restrictive procedures in an emergency. 

(d) If the individualized education program team under paragraph (c) determines that existing interventions and supports are ineffective in reducing the use of restrictive procedures or the district uses restrictive procedures on a child on ten or more school days during the same school year, the team, as appropriate, either must consult with other professionals working with the child; consult with experts in behavior analysis, mental health, communication, or autism; consult with culturally competent professionals; review existing evaluations, resources, and successful strategies; or consider whether to reevaluate the child. 

(e) At the individualized education program meeting under paragraph (c), the team must review any known medical or psychological limitations, including any medical information the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and document any prohibition in the individualized education program or behavior intervention plan. 

(f) An individualized education program team may plan for using restrictive procedures and may include these procedures in a child's individualized education program or behavior intervention plan; however, the restrictive procedures may be used only in response to behavior that constitutes an emergency, consistent with this section. The individualized education program or behavior intervention plan shall indicate how the parent wants to be notified when a restrictive procedure is used. 

Subd. 3.Physical holding or seclusion. 
(a) 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) physical holding or seclusion is the least intrusive intervention that effectively responds to the emergency; 

(2) physical holding or seclusion is not used to discipline a noncompliant child; 

(3) physical holding or seclusion ends when the threat of harm ends and the staff determines the child can safely return to the classroom or activity; 

(4) staff directly observes the child while physical holding or seclusion is being used; 

(5) each time physical holding or seclusion is used, the staff person who implements or oversees the physical holding or seclusion documents, 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; 

(6) 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; and 

(7) 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. 

(b) By February 1, 2015, and annually thereafter, stakeholders may, as necessary, recommend to the commissioner specific and measurable implementation and outcome goals for reducing the use of restrictive procedures and the commissioner must submit to the legislature a report on districts' progress in reducing the use of restrictive procedures that recommends how to further reduce these procedures and eliminate the use of seclusion. The statewide plan includes the following components: measurable goals; the resources, training, technical assistance, mental health services, and collaborative efforts needed to significantly reduce districts' use of seclusion; and recommendations to clarify and improve the law governing districts' use of restrictive procedures. The commissioner must consult with interested stakeholders when preparing the report, including representatives of advocacy organizations, special education directors, teachers, paraprofessionals, intermediate school districts, school boards, day treatment providers, county social services, state human services department staff, mental health professionals, and autism experts. Beginning with the 2016-2017 school year, in a form and manner determined by the commissioner, districts must report data quarterly to the department by January 15, April 15, July 15, and October 15 about individual students who have been secluded. By July 15 each year, districts must report summary data on their use of restrictive procedures to the department for the prior school year, July 1 through June 30, in a form and manner determined by the commissioner. The summary data must include information about the use of restrictive procedures, including use of reasonable force under section 121A.582. 

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; 

(9) physical holding that restricts or impairs a child's ability to breathe, 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; and 

(10) prone restraint. 

Subd. 5.Training for staff. 
(a) To meet the requirements of subdivision 1, staff who use restrictive procedures, including paraprofessionals, shall complete training in the following skills and knowledge areas: 

(1) positive behavioral interventions; 

(2) communicative intent of behaviors; 

(3) relationship building; 

(4) alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior; 

(5) de-escalation methods; 

(6) standards for using restrictive procedures only in an emergency; 

(7) obtaining emergency medical assistance; 

(8) the physiological and psychological impact of physical holding and seclusion; 

(9) monitoring and responding to a child's physical signs of distress when physical holding is being used; 

(10) recognizing the symptoms of and interventions that may cause positional asphyxia when physical holding is used; 

(11) district policies and procedures for timely reporting and documenting each incident involving use of a restricted procedure; and 

(12) schoolwide programs on positive behavior strategies. 

(b) The commissioner, after consulting with the commissioner of human services, must develop and maintain a list of training programs that satisfy the requirements of paragraph (a). The commissioner also must develop and maintain a list of experts to help individualized education program teams reduce the use of restrictive procedures. The district shall maintain records of staff who have been trained and the organization or professional that conducted the training. The district may collaborate with children's community mental health providers to coordinate trainings. 

Subd. 6.Behavior supports; reasonable force. 
(a) School districts are encouraged to establish effective schoolwide systems of positive behavior interventions and supports. 

(b) Nothing in this section or section 125A.0941 precludes the use of reasonable force under sections 121A.582; 609.06, subdivision 1; and 609.379. For the 2014-2015 school year and later, districts must collect and submit to the commissioner summary data, consistent with subdivision 3, paragraph (b), on district use of reasonable force that is consistent with the definition of physical holding or seclusion for a child with a disability under this section.