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Introduction
In 2009, MN Statutes on Restrictive Procedures were passed and needed to be fully implemented in school districts by AUGUST 1, 2011.
Old Language
Repealed as of August 1, 2011 Regulated or Conditional Procedures no longer in effect
Manual restraint Mechanical or locked restraints Time Out Procedures for Seclusion Temporary delay or withdrawal of regularly scheduled meals or water, not to exceed 30 minutes (Removal from planned instruction for periods over 30 minutes)
New Definitions
Physical Holding
Physical intervention intended to hold a child immobile or limit a childs movement where body contact is the only source of physical restraint, and where immobilization is used to effectively gain control of a child in order to protect the child or other person from injury
New Definitions
Physical Holding does not mean physical contact that:
Helps a child respond or complete a task Assists a child without restricting the childs movement Is needed to administer an authorized healthrelated service or procedure Is needed to physically escort a child when the child does not resist or the childs resistance is minimal
Physical Holding
Must be the least intrusive Must be for duration of emergency only Must not be for discipline or punishment
New Definitions
Prone Restraints
Can be used until August 2015 Means placing a child in a face down position May only be used on children age five or older School districts must report each incident of their use of prone restraint within 5 business days using the Prone Restraint Reporting Form provided by MDE
New Definitions
Seclusion
Means confining a child alone in a room from which egress is barred Removing a child from an activity to a location where the child cannot participate in or observe the activity is not seclusion
Seclusion
No time out language Seclusion means confining a student in a room from which egress is barred
Egress may be barred by an adult locking or closing the door in the room or preventing the child from leaving the room.
Removing a child from an activity to a location where a child cannot participate in or observe the activity IS NOT seclusion.
Current Definitions
Old Language Emergency To protect a pupil or other individual from:
Physical injury Emotional abuse due to verbal and nonverbal threats and gestures Severe property damage
Minn.Stat.125A.0941(e)
New Definitions
Emergency
Means a situation where immediate intervention is needed to protect a child or other individual from:
Physical injury
MDE Report
Students with EBD or ASD most frequently subjected to Restrictive Procedures Higher use in Intermediates and Co-ops Higher use for ages 6-10 and for males Higher use for African American and American Indian
MDE Report
Prone Restraint: 1756 incidents for 256 students (average of 6.86 uses per student)
Legal Provisions
Functional Behavioral Assessment (FBA) Prior to using any (restrictive procedure), the IEP team must conduct a Functional Behavioral Assessment. The team must also document that it has ruled out any other treatable cause for the behavior, for example, a medical or health condition, for the interfering behavior.
Minn. Rule 3525.2710
The IEP or BIP must also indicate how the parent wishes to be notified if a Restrictive Procedure is used.
If staff utilize a Restrictive Procedure, the parent wishes to be notified of this use in the following way(s): (telephone call, email, written notice mailed home, other___________).
2.
3. 4.
Notification to Parents
A school shall make:
Reasonable efforts to notify the parent on the same day a restrictive procedure is used; or If unable to provide same-day notice, notice is sent within two days by:
Written means; Electronic means; or As otherwise indicated by the parent in the childs IEP or BIP
When a pattern emerges and restrictive procedures are not included in a childs IEP or BIP
Prohibited Procedures
May not be used under any circumstances:
Corporal punishment Requiring a child to assume and maintain a specific physical position, activity or posture that induces physical pain Totally or partially restricting a childs senses as punishment Presenting an intense sound, light or other sensory stimuli using taste, smell, substance or spray as punishment
Prohibited Procedures
May not be used under any circumstances:
Denying or restricting a childs access to equipment or devices such as walkers, wheelchairs, hearing aids and communication boards that facilitate the childs functioning, except when temporarily removing the equipment or device as needed to prevent injury to the child or others or serious property damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible
Prohibited Procedures
May not be used under any circumstances:
Interacting with a child in a manner that constitutes sexual abuse, neglect, or physical abuse (maltreatment of minors) Withholding regularly scheduled meals or water Denying access to bathroom facilities Physical holding that impairs a childs ability to breathe
Minn. Stat. 125A.0942, Subd. 4
Prohibited Procedures
Especially dangerous positions include face-down floor restraints, or any position in which a person is bent over in such as way that it is difficult to breathe. This includes a seated or kneeling position in which a person being restrained is bent over at the waist, and it also includes any facedown position on a bed or mat.
First Steps
Train staff to ensure qualified staff are available to implement restrictive procedures. To meet requirements of the new statute, staff who use restrictive procedures shall complete training in the following skills and knowledge areas:
Positive behavioral interventions Communicative intent of behaviors Relationship-building Alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior De-escalation methods Standards for using restrictive procedures