1.1 	A bill for an act
1.2 	relating to education; requiring schools to develop a plan and comply with 
1.3 	requirements on using restrictive procedures for children with disabilities;
1.4 	proposing coding for new law in Minnesota Statutes, chapter 125A; repealing 
1.5 	Minnesota Statutes 2008, sections 121A.66; 121A.67, subdivision 1; Minnesota 
1.6 	Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 46, 47; 3525.1100, 
1.7 	subpart 2, item F; 3525.2900, subpart 5.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [125A.094] RESTRICTIVE PROCEDURES FOR CHILDREN WITH 
1.10 	DISABILITIES.
1.11 	The use of restrictive procedures for children with disabilities is governed by 
1.12 	sections 125A.0941 and 125A.0942, and must be consistent with this chapter.

1.13 	Sec. 2. [125A.0941] DEFINITIONS.
1.14 	(a) The following terms have the meanings given them.
1.15 	(b) "Emergency" means a situation in which immediate intervention is needed to 
1.16 	protect a child or other individual from physical injury or to prevent serious property 
1.17 	damage.
1.18 	(c) "Positive behavioral interventions and supports" means those interventions and 
1.19 	strategies used to improve the school environment and teach children the skills likely to 
1.20 	increase their ability to behave appropriately.
1.21 	(d) "Physical holding" means physical intervention intended to hold a child immobile 
1.22 	or limit a child's movement and where body contact is the only source of physical restraint. 
1.23 	The term "physical holding" does not mean physical contact:
1.24 	(1) used to help a child respond or complete a task;
2.1 	(2) used to comfort or assist a child without restricting the child's movement;
2.2 	(3) needed to administer an authorized health-related treatment; or
2.3 	(4) needed to physically escort a child.
2.4 	(e) "Restrictive procedures" means the use of physical holding or seclusion in an 
2.5 	emergency that is involuntary or unintended by the child, deprives the child of mobility, or 
2.6 	is aversive to that child.
2.7 	(f) "Seclusion" means confining a child alone in a locked room from which the child 
2.8 	can not exit but from which the child may be quickly removed if a fire or other disaster 
2.9 	occurs. Time-out is not seclusion.
2.10 	(g) "Time-out" means removing a child from an activity to a location where the child 
2.11 	cannot participate or observe the activity and includes moving or ordering a child to 
2.12 	an unlocked room.

2.13 	Sec. 3. [125A.0942] STANDARDS FOR RESTRICTIVE PROCEDURES.
2.14 		Subdivision 1.Restrictive procedures plan. (a) Schools shall keep on file or as part 
2.15 	of the district's total special education systems plan an allowable restrictive procedures 
2.16 	plan for children that is available for public viewing and includes at least the following:
2.17 	(1) the list of  restrictive procedures the school intends to use;
2.18 	(2) how the school will control the use of restrictive procedures;
2.19 	(3) how the school will monitor the use of restrictive procedures, including 
2.20 	conducting debriefings after their use and convening an oversight committee;
2.21 	(4) a description and written verification of the training that staff completed before 
2.22 	implementing restrictive procedures, consistent with subdivision 5; and
2.23 	(5) how the school will review the use of restrictive procedures on a child and 
2.24 	system wide basis within a school or district and the frequency of such reviews.
2.25 	(b) In reviewing the use of restrictive procedures the school or district may consider:
2.26 	(1) any pattern or problems indicated by similarities in the time of day, day of the 
2.27 	week, duration of the use of a procedure, individuals involved, or other factors regarding 
2.28 	the use of  restrictive procedures, consistent with subdivision 5;
2.29 	(2) any injuries resulting from the use of restrictive procedures;
2.30 	(3) actions needed to correct deficiencies in how the school implements restrictive 
2.31 	procedures;
2.32 	(4) an assessment of when restrictive procedures could be avoided; and
2.33 	(5) proposed actions to limit use of physical holding or seclusion.
2.34 		Subd. 2.Restrictive procedures. (a) Restrictive procedures may be used only by a 
2.35 	licensed special education teacher, school social worker, school psychologist, behavior 
3.1 	analyst certified by the National Behavior Analyst Certification Board, other licensed 
3.2 	professional, paraprofessional under section 120B.363, or mental health professional 
3.3 	under section 245.4871, subdivision 27, who has completed a formal mental health crisis 
3.4 	prevention and intervention training program under subdivision 5.
3.5 	(b) A district may use restrictive procedures after less intrusive alternatives fail 
3.6 	or if staff regards a less intrusive alternative as inappropriate or impractical under the 
3.7 	circumstances.
3.8 	(c) A school shall make reasonable efforts to notify the parent on the same day a 
3.9 	restrictive procedure is used on the child.
3.10 	(d) When restrictive procedures are used twice in 30 days or when a pattern emerges, 
3.11 	the district must hold a meeting of the individualized education plan team, conduct or 
3.12 	review a functional behavioral analysis, review data, develop additional or revised positive 
3.13 	behavioral interventions and support, propose actions to reduce the use of restrictive 
3.14 	procedures, and modify the individualized education plan or behavior intervention plan as 
3.15 	appropriate. At the meeting, the team must review any known medical or psychological 
3.16 	limitations that contraindicate the use of a restrictive procedure.
3.17 	(e) An individualized education plan team may plan for using restrictive procedures 
3.18 	and may refer to these procedures in a child's individualized education plan.
3.19 	(f) Restrictive procedures may be referred to in the child's individualized education 
3.20 	plan but are not considered part of the pupil's behavior intervention plan and can only be 
3.21 	used in an emergency, consistent with this section. The individualized education plan shall 
3.22 	indicate how the parent wants to be notified when a  restrictive procedure is used.
3.23 		Subd. 3.Physical holding or seclusion. Physical holding or seclusion may be used 
3.24 	only in an emergency. A school that uses physical holding or seclusion shall meet the 
3.25 	following requirements:
3.26 	(1) the physical holding or seclusion must be the least intrusive intervention that 
3.27 	will effectively respond to the emergency;
3.28 	(2) physical holding or seclusion must end when the threat of harm ends and the 
3.29 	staff determines that the child can safely return to the classroom or activity, and if holding 
3.30 	or seclusion exceeds 60 minutes, school staff must contact either a qualified professional 
3.31 	under subdivision 2, paragraph (a), the school principal, or the parent;
3.32 	(3) staff must constantly and directly observe the child during the use of physical 
3.33 	holding or seclusion;
3.34 	(4) the staff person who implements or is responsible for overseeing the physical 
3.35 	holding or seclusion shall document its use as soon as possible after the incident concludes 
3.36 	and the documentation must include at least the following:
4.1 	(i) a detailed description of the incident that led to the physical holding or seclusion;
4.2 	(ii) why a less restrictive measure failed or was inappropriate or impractical;
4.3 	(iii) the time the physical holding or seclusion began and the time the child was 
4.4 	released; and
4.5 	(iv) brief documentation of the child's behavioral change and change in physical 
4.6 	status;
4.7 	(5) the room used for seclusion must:
4.8 	(i) be at least six feet by five feet;
4.9 	(ii) be well lit, well ventilated, and clean;
4.10 	(iii) have a window that allows staff to directly observe a child in seclusion;
4.11 	(iv) have tamperproof fixtures, electrical switches located immediately outside the 
4.12 	door, and secure ceilings;
4.13 	(v) have doors that open out and are unlocked, locked with keyless locks that 
4.14 	have immediate release mechanisms, or locked with locks that have immediate release 
4.15 	mechanisms connected with a fire and emergency system; and
4.16 	(vi) not contain objects that a child may use to injure the child or others; and
4.17 	(6) before using a room for seclusion, a school must:
4.18 	(i) receive written notice from local authorities regarding its compliance with 
4.19 	applicable building, fire, and safety codes; and
4.20 	(ii) register the room with the commissioner, who may view that room.
4.21 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
4.22 	(1) engaging in conduct prohibited under section 121A.58;
4.23 	(2) requiring a child to assume and maintain a specified physical position, activity, 
4.24 	or posture that induces physical pain;
4.25 	(3) totally or partially restricting a child's senses, except at a level of intrusiveness 
4.26 	that does not exceed:
4.27 	(i) placing a hand in front of a child's eyes as a visual screen; or
4.28 	(ii) playing music through earphones worn by the child at a sound level that does not 
4.29 	cause discomfort;
4.30 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
4.31 	substance, or spray;
4.32 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
4.33 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
4.34 	except when the temporary removal of the equipment or device is needed to prevent injury 
4.35 	to the child or others or serious damage to the equipment or device, in which case the 
4.36 	equipment or device shall be returned to the child as soon as possible;
5.1 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or 
5.2 	physical abuse under section 626.556;
5.3 	(7) withholding regularly scheduled meals or water;
5.4 	(8) denying access to bathroom facilities; and
5.5 	(9) physical holding that restricts a child's ability to breathe.
5.6 		Subd. 5.Training for staff. (a) To meet the requirements of subdivision 1, 
5.7 	paragraph (a), clause (4), staff who use restrictive procedures shall successfully complete 
5.8 	training in the following skills and knowledge areas before using restrictive procedures 
5.9 	with a child:
5.10 	(1) positive behavioral interventions;
5.11 	(2) communicative intent of behaviors;
5.12 	(3) relationship building;
5.13 	(4) alternatives to  restrictive procedures, including techniques to identify events and 
5.14 	environmental factors that may escalate behavior;
5.15 	(5) de-escalation methods;
5.16 	(6) avoiding power struggles;
5.17 	(7) documentation standards for using restrictive procedures;
5.18 	(8) obtaining emergency medical assistance;
5.19 	(9) time limits for restrictive procedures;
5.20 	(10) obtaining approval for using restrictive procedures;
5.21 	(11) appropriate use of restrictive procedures approved for the program, including 
5.22 	simulated experiences involving physical restraint;
5.23 	(12) thresholds for using and stopping restrictive procedures;
5.24 	(13) the physiological and psychological impact of physical holding and seclusion;
5.25 	(14) monitoring and responding to a child's physical signs of distress; and
5.26 	(15) recognizing the symptoms of and interventions that may cause positional 
5.27 	asphyxia.
5.28 	(b) The commissioner, after consulting with the commissioner of human services, 
5.29 	must develop and maintain a list of recommended training programs. The district shall 
5.30 	maintain records of staff who have been trained and the organization or professional that 
5.31 	conducted the training. The district may collaborate with a child's community mental 
5.32 	health providers to coordinate trainings.
5.33 	(c) Training under this subdivision must be updated at least every two school years.
5.34 		Subd. 6.Records. For purposes of monitoring and review, a school using restrictive 
5.35 	procedures shall make data available upon request, consistent with data practices laws, on 
5.36 	the number and types of restrictive procedures used. Schools annually shall submit to the 
6.1 	commissioner aggregate data on the use of restrictive procedures. The commissioner shall 
6.2 	issue an annual report by December 31 on the use of restrictive procedures in Minnesota.
6.3 		Subd. 7.Behavior supports. School districts must establish effective school 
6.4 	wide systems of positive behavior supports and may use restrictive procedures only in 
6.5 	emergencies. Nothing in this section precludes the use of reasonable force under sections 
6.6 	121A.582 and 609.379.

6.7 	Sec. 4.  REPEALER.
 6.8 	(a) Minnesota Statutes 2008, sections 121A.66; and 121A.67, subdivision 1, are 
6.9 	repealed.
6.10 	(b) Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 46, and 47; 
6.11 	3525.1100, subpart 2, item F; and 3525.2900, subpart 5, are repealed.

6.12 	Sec. 5. EFFECTIVE DATE.
 6.13 	Sections 1 to 4 are effective July 1, 2010.