1.1 	A bill for an act
1.2 	relating to education; authorizing positive behavioral
1.3 	supports, physical intervention, and isolation
1.4 	time-outs; authorizing rulemaking; amending Minnesota
1.5 	Statutes 2004, sections 121A.66, subdivision 5, by
1.6 	adding subdivisions; 121A.67.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 121A.66,
1.9 	subdivision 5, is amended to read:
1.10 		Subd. 5.Emergency.  "Emergency" means a situation in
1.11 	which:
1.12 	(1) immediate intervention use of regulated interventions 
1.13 	is necessary to protect a pupil or other individual from
1.14 	physical injury or to prevent serious property damage; or 
1.15 	(2) a law enforcement official restrains or removes a pupil
1.16 	from a classroom, school building, or school grounds in response
1.17 	to the pupil's behavior while attending school.
1.18 	
EFFECTIVE DATE. This section is effective the day
1.19 	following final enactment.

1.20 	Sec. 2. Minnesota Statutes 2004, section 121A.66, is
1.21 	amended by adding a subdivision to read:
1.22 		Subd. 6.Positive behavioral interventions and supports.
 1.23 	"Positive behavioral interventions and supports" means those
1.24 	strategies used to modify the school environment and teach
1.25 	pupils skills likely to increase their ability to exhibit
1.26 	appropriate behaviors.
2.1 	
EFFECTIVE DATE. This section is effective the day
2.2 	following final enactment.

2.3 	Sec. 3. Minnesota Statutes 2004, section 121A.66, is
2.4 	amended by adding a subdivision to read:
2.5 		Subd. 7.Physical intervention. "Physical intervention"
2.6 	means the use of physical restraint techniques to safely control
2.7 	a pupil until the pupil regains control of the pupil's behaviors.
2.8 	
EFFECTIVE DATE. This section is effective the day
2.9 	following final enactment.

2.10 	Sec. 4. Minnesota Statutes 2004, section 121A.66, is
2.11 	amended by adding a subdivision to read:
2.12 		Subd. 8.Time-out. (a) "Time-out" means:
2.13 	(1) contingent observation, which is a nonregulated
2.14 	intervention that involves instructing the pupil to leave the
2.15 	reinforcing activity and not participate for a period of time
2.16 	but to observe the activity and listen to the discussion from a
2.17 	time-out area within the same setting;
2.18 	(2) exclusionary time-out, which is a nonregulated
2.19 	intervention that involves instructing the pupil to leave the
2.20 	reinforcing activity and not participate in or observe the
2.21 	activity but to go to another area from which the pupil may
2.22 	leave; or 
2.23 	(3) locked time-out, which is a nonregulated intervention
2.24 	that involves involuntarily removing the pupil from the
2.25 	reinforcing activity and placing the pupil in a specially
2.26 	designed and continuously supervised isolation room that the
2.27 	pupil is prevented from leaving.
2.28 	(b) A time-out not specifically identified in this
2.29 	subdivision is prohibited.
2.30 	
EFFECTIVE DATE. This section is effective the day
2.31 	following final enactment.

2.32 	Sec. 5. Minnesota Statutes 2004, section 121A.67, is
2.33 	amended to read:
2.34 	121A.67 AVERSIVE AND DEPRIVATION PROCEDURES.
2.35 	The commissioner, in consultation with interested parent
2.36 	organizations and advocacy groups, the Minnesota Administrators
3.1 	for Special Education, the Minnesota Association of School
3.2 	Administrators, Ed Minnesota, the Minnesota School Boards
3.3 	Association, the Minnesota Police Officers Association, and the
3.4 	Elementary School Principals Association and the Secondary
3.5 	School Principals Association,must adopt amend rules governing
3.6 	the use of aversive and deprivation procedures by school
3.7 	district employees or persons under contract with a school
3.8 	district.  The rules must:
3.9 	(1) promote the use of positive approaches behavioral
3.10 	interventions and supports and must not encourage or require the
3.11 	use of aversive or deprivation procedures;
3.12 	(2) require that planned application of aversive and
3.13 	deprivation procedures only be a part of an instituted after
3.14 	trained personnel complete a functional behavior assessment and
3.15 	develop a behavior intervention plan that is included in the 
3.16 	individual education plan;
3.17 	(3) require parents or guardians to be notified after the
3.18 	use of district personnel to notify a student's parent or
3.19 	guardian on the same day aversive or deprivation procedures are
3.20 	used in an emergency or in writing within 24 hours if district
3.21 	personnel are unable to provide same-day notice;
3.22 	(4) establish health and safety standards for the use of
3.23 	locked time-out procedures that require a safe environment,
3.24 	continuous monitoring of the child, ventilation, and adequate
3.25 	space, a locking mechanism that disengages automatically when
3.26 	not continuously engaged by school personnel, and full
3.27 	compliance with state and local fire and building codes,
3.28 	including state policies on time-out rooms; and 
3.29 	(5) contain a list of prohibited procedures.;
3.30 	(6) consolidate and clarify provisions related to behavior
3.31 	support plans;
3.32 	(7) require school districts to register with the
3.33 	commissioner any room used for locked time-out, which the
3.34 	commissioner must monitor by making announced and unannounced
3.35 	on-site visits;
3.36 	(8) place a student in locked time-out only if the
4.1 	intervention is (i) part of the comprehensive behavior
4.2 	intervention plan that is included in the student's
4.3 	individualized education plan and the plan uses positive
4.4 	behavioral interventions and supports, is approved by a district
4.5 	oversight committee, and data support its continued use, or (ii)
4.6 	used in an emergency for the duration of the emergency only; and 
4.7 	(9) require school districts and cooperatives to establish
4.8 	oversight committees composed of members trained in behavioral
4.9 	analysis to review all data measuring the frequency and duration
4.10 	of the targeted behavior before and after implementing aversive
4.11 	and deprivation procedures in order to approve and evaluate the
4.12 	efficacy of behavior support plans that incorporate the use of
4.13 	aversive and deprivation procedures.

4.14 	EFFECTIVE DATE. This section is effective the day
4.15 	following final enactment.