Bill Text: MN HF2476 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Restrictive procedures standards clarified for schools, and money appropriated.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2014-03-13 - Author added Isaacson [HF2476 Detail]

Download: Minnesota-2013-HF2476-Introduced.html

1.1A bill for an act
1.2relating to education; clarifying standards for restrictive procedures; appropriating
1.3money;amending Minnesota Statutes 2013 Supplement, section 125A.0942.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. Minnesota Statutes 2013 Supplement, section 125A.0942, is amended to read:
1.6125A.0942 STANDARDS FOR RESTRICTIVE PROCEDURES.
1.7    Subdivision 1. Restrictive procedures plan. (a) Schools that intend to use
1.8restrictive procedures shall maintain and make publicly accessible in an electronic format
1.9on a school or district Web site or make a paper copy available upon request describing a
1.10restrictive procedures plan for children with disabilities that at least:
1.11(1) lists the restrictive procedures the school intends to use;
1.12(2) describes how the school will implement a range of positive behavior strategies
1.13and provide links to mental health services;
1.14(3) describes how the school will provide training on de-escalation techniques,
1.15consistent with section 122A.09, subdivision 4, paragraph (k);
1.16(4) describes how the school will monitor and review the use of restrictive
1.17procedures, including:
1.18(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a),
1.19clause (5); and
1.20(ii) convening an oversight committee to undertake a quarterly review of the use
1.21of restrictive procedures based on patterns or problems indicated by similarities in the
1.22time of day, day of the week, duration of the use of a procedure, the individuals involved,
1.23or other factors associated with the use of restrictive procedures; the number of times a
1.24restrictive procedure is used schoolwide and for individual children; the number and types
2.1of injuries, if any, resulting from the use of restrictive procedures; whether restrictive
2.2procedures are used in nonemergency situations; the need for additional staff training; and
2.3proposed actions to minimize the use of restrictive procedures; and
2.4(4) (5) includes a written description and documentation of the training staff
2.5completed under subdivision 5.
2.6(b) Schools annually must publicly identify oversight committee members who
2.7must at least include:
2.8(1) a mental health professional, school psychologist, or school social worker;
2.9(2) an expert in positive behavior strategies;
2.10(3) a special education administrator; and
2.11(4) a general education administrator.
2.12    Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only
2.13by a licensed special education teacher, school social worker, school psychologist,
2.14behavior analyst certified by the National Behavior Analyst Certification Board, a person
2.15with a master's degree in behavior analysis, other licensed education professional,
2.16paraprofessional under section 120B.363, or mental health professional under section
2.17245.4871, subdivision 27 , who has completed the training program under subdivision 5.
2.18(b) A school shall make reasonable efforts to notify the parent on the same day a
2.19restrictive procedure is used on the child, or if the school is unable to provide same-day
2.20notice, notice is sent within two days by written or electronic means or as otherwise
2.21indicated by the child's parent under paragraph (d) (f).
2.22(c) The district must hold a meeting of the individualized education program team,
2.23conduct or review a functional behavioral analysis, review data, consider developing
2.24additional or revised positive behavioral interventions and supports, consider actions to
2.25reduce the use of restrictive procedures, and modify the individualized education program
2.26or behavior intervention plan as appropriate. The district must hold the meeting: within
2.27ten calendar days after district staff use restrictive procedures on two separate school
2.28days within 30 calendar days or a pattern of use emerges and the child's individualized
2.29education program or behavior intervention plan does not provide for using restrictive
2.30procedures in an emergency; or at the request of a parent or the district after restrictive
2.31procedures are used. The district must review use of restrictive procedures at a child's
2.32annual individualized education program meeting when the child's individualized
2.33education program provides for using restrictive procedures in an emergency.
2.34(d) If the individualized education program team under paragraph (c) determines
2.35that existing interventions and supports are ineffective in reducing the use of restrictive
2.36procedures or the district uses restrictive procedures on a child on ten or more school days
3.1during the same school year, the team, as appropriate, either must consult with other
3.2professionals working with the child; consult with experts in behavior analysis, mental
3.3health, communication, or autism; consult with culturally competent professionals;
3.4review existing evaluations, resources, and successful strategies; or consider whether to
3.5reevaluate the child.
3.6(e) At the individualized education program meeting under paragraph (c), the team
3.7must review any known medical or psychological limitations, including any medical
3.8information the parent provides voluntarily, that contraindicate the use of a restrictive
3.9procedure, consider whether to prohibit that restrictive procedure, and document any
3.10prohibition in the individualized education program or behavior intervention plan.
3.11(f) An individualized education program team may plan for using restrictive
3.12procedures and may include these procedures in a child's individualized education
3.13program or behavior intervention plan; however, the restrictive procedures may be used
3.14only in response to behavior that constitutes an emergency, consistent with this section.
3.15The individualized education program or behavior intervention plan shall indicate how the
3.16parent wants to be notified when a restrictive procedure is used.
3.17    Subd. 3. Physical holding or seclusion. (a) Physical holding or seclusion may be
3.18used only in an emergency. A school that uses physical holding or seclusion shall meet the
3.19following requirements:
3.20(1) physical holding or seclusion is the least intrusive intervention that effectively
3.21responds to the emergency;
3.22(2) physical holding or seclusion is not used to discipline a noncompliant child;
3.23(3) physical holding or seclusion ends when the threat of harm ends and the staff
3.24determines the child can safely return to the classroom or activity;
3.25(4) staff directly observes the child while physical holding or seclusion is being used;
3.26(5) each time physical holding or seclusion is used, the staff person who implements
3.27or oversees the physical holding or seclusion documents, as soon as possible after the
3.28incident concludes, the following information:
3.29(i) a description of the incident that led to the physical holding or seclusion;
3.30(ii) why a less restrictive measure failed or was determined by staff to be
3.31inappropriate or impractical;
3.32(iii) the time the physical holding or seclusion began and the time the child was
3.33released; and
3.34(iv) a brief record of the child's behavioral and physical status;
3.35(6) the room used for seclusion must:
3.36(i) be at least six feet by five feet;
4.1(ii) be well lit, well ventilated, adequately heated, and clean;
4.2(iii) have a window that allows staff to directly observe a child in seclusion;
4.3(iv) have tamperproof fixtures, electrical switches located immediately outside the
4.4door, and secure ceilings;
4.5(v) have doors that open out and are unlocked, locked with keyless locks that
4.6have immediate release mechanisms, or locked with locks that have immediate release
4.7mechanisms connected with a fire and emergency system; and
4.8(vi) not contain objects that a child may use to injure the child or others;
4.9(7) before using a room for seclusion, a school must:
4.10(i) receive written notice from local authorities that the room and the locking
4.11mechanisms comply with applicable building, fire, and safety codes; and
4.12(ii) register the room with the commissioner, who may view that room; and
4.13(8) until August 1, 2015, a school district may use prone restraints with children
4.14age five or older if:
4.15(i) the district has provided to the department a list of staff who have had specific
4.16training on the use of prone restraints;
4.17(ii) the district provides information on the type of training that was provided and
4.18by whom;
4.19(iii) only staff who received specific training use prone restraints;
4.20(iv) each incident of the use of prone restraints is reported to the department within
4.21five working days on a form provided by the department; and
4.22(v) the district, before using prone restraints, must review any known medical or
4.23psychological limitations that contraindicate the use of prone restraints.
4.24The department must collect data on districts' use of prone restraints and publish the data
4.25in a readily accessible format on the department's Web site on a quarterly basis.
4.26(b) By March 1, 2014 February 1, 2015, and annually thereafter, stakeholders must
4.27recommend to the commissioner specific and measurable implementation and outcome
4.28goals for reducing the use of restrictive procedures and the commissioner must submit to
4.29the legislature a report on districts' progress in reducing the use of restrictive procedures
4.30that recommends how to further reduce these procedures and eliminate the use of prone
4.31restraints. The statewide plan includes the following components: measurable goals; the
4.32resources, training, technical assistance, mental health services, and collaborative efforts
4.33needed to significantly reduce districts' use of prone restraints; and recommendations
4.34to clarify and improve the law governing districts' use of restrictive procedures. The
4.35commissioner must consult with interested stakeholders when preparing the report,
4.36including representatives of advocacy organizations, special education directors, teachers,
5.1paraprofessionals, intermediate school districts, school boards, day treatment providers,
5.2county social services, state human services department staff, mental health professionals,
5.3and autism experts. By June 30 each year, districts must report summary data on their
5.4use of restrictive procedures to the department, in a form and manner determined by the
5.5commissioner. The summary data must include information about the use of restrictive
5.6procedures, including use of reasonable force under section 121A.582.
5.7    Subd. 4. Prohibitions. The following actions or procedures are prohibited:
5.8(1) engaging in conduct prohibited under section 121A.58;
5.9(2) requiring a child to assume and maintain a specified physical position, activity,
5.10or posture that induces physical pain;
5.11(3) totally or partially restricting a child's senses as punishment;
5.12(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
5.13substance, or spray as punishment;
5.14(5) denying or restricting a child's access to equipment and devices such as walkers,
5.15wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
5.16except when temporarily removing the equipment or device is needed to prevent injury
5.17to the child or others or serious damage to the equipment or device, in which case the
5.18equipment or device shall be returned to the child as soon as possible;
5.19(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
5.20physical abuse under section 626.556;
5.21(7) withholding regularly scheduled meals or water;
5.22(8) denying access to bathroom facilities; and
5.23(9) physical holding that restricts or impairs a child's ability to breathe, restricts or
5.24impairs a child's ability to communicate distress, places pressure or weight on a child's
5.25head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in
5.26straddling a child's torso.
5.27    Subd. 5. Training for staff. (a) To meet the requirements of subdivision 1, staff
5.28who use restrictive procedures, including paraprofessionals, shall complete training in
5.29the following skills and knowledge areas:
5.30(1) positive behavioral interventions;
5.31(2) communicative intent of behaviors;
5.32(3) relationship building;
5.33(4) alternatives to restrictive procedures, including techniques to identify events and
5.34environmental factors that may escalate behavior;
5.35(5) de-escalation methods;
5.36(6) standards for using restrictive procedures only in an emergency;
6.1(7) obtaining emergency medical assistance;
6.2(8) the physiological and psychological impact of physical holding and seclusion;
6.3(9) monitoring and responding to a child's physical signs of distress when physical
6.4holding is being used;
6.5(10) recognizing the symptoms of and interventions that may cause positional
6.6asphyxia when physical holding is used;
6.7(11) district policies and procedures for timely reporting and documenting each
6.8incident involving use of a restricted procedure; and
6.9(12) schoolwide programs on positive behavior strategies.
6.10(b) The commissioner, after consulting with the commissioner of human services,
6.11must develop and maintain a list of training programs that satisfy the requirements of
6.12paragraph (a). The commissioner also must develop and maintain a list of experts to
6.13help individualized education program teams reduce the use of restrictive procedures.
6.14The district shall maintain records of staff who have been trained and the organization
6.15or professional that conducted the training. The district may collaborate with children's
6.16community mental health providers to coordinate trainings.
6.17    Subd. 6. Behavior supports. School districts are encouraged to establish effective
6.18schoolwide systems of positive behavior interventions and supports. Nothing in this
6.19section or section 125A.0941 precludes the use of reasonable force under sections
6.20121A.582; 609.06, subdivision 1; and 609.379.
6.21    Subd. 7. Reasonable force. Nothing in this section or section 125A.0941 precludes
6.22the use of reasonable force under sections 121A.582; 609.06, subdivision 1; and 609.379.
6.23For the 2014-2015 school year and later, districts must collect and submit to the
6.24commissioner summary data, consistent with subdivision 3, paragraph (b), on district use
6.25of reasonable force that is consistent with the definition of physical holding or seclusion
6.26for a child with a disability under this section.
6.27EFFECTIVE DATE.This section is effective the day following final enactment.

6.28    Sec. 2. APPROPRIATION.
6.29$250,000 is appropriated in fiscal year 2015 from the general fund to the
6.30commissioner of education for the purpose of assisting school districts in meeting the
6.31needs of children who have experienced a high use of prone restraints, consistent
6.32with Minnesota Statutes 2013 Supplement, section 125A.0942. The commissioners of
6.33education and human services, or their designees, must discuss coordinating use of funds
6.34and personnel available for this purpose within their respective departments.
7.1EFFECTIVE DATE.This section is effective for fiscal year 2015.
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