Bill Text: MN SF1131 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Special education paraprofessionals licensure requirement modification
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2011-04-11 - Referred to Education [SF1131 Detail]
Download: Minnesota-2011-SF1131-Introduced.html
1.2relating to education; modifying licensure requirements for paraprofessionals
1.3using restrictive procedures;amending Minnesota Statutes 2010, section
1.4125A.0942, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 125A.0942, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only
1.9by a licensed special education teacher, school social worker, school psychologist,
1.10behavior analyst certified by the National Behavior Analyst Certification Board, a person
1.11with a master's degree in behavior analysis, other licensed education professional,
1.12paraprofessionalunder section
120B.363
1.13245.4871, subdivision 27
, who has completed the training program under subdivision 5.
1.14(b) A school shall make reasonable efforts to notify the parent on the same day a
1.15restrictive procedure is used on the child, or if the school is unable to provide same-day
1.16notice, notice is sent within two days by written or electronic means or as otherwise
1.17indicated by the child's parent under paragraph (d).
1.18(c) When restrictive procedures are used twice in 30 days or when a pattern emerges
1.19and restrictive procedures are not included in a child's individualized education program
1.20or behavior intervention plan, the district must hold a meeting of the individualized
1.21education plan team, conduct or review a functional behavioral analysis, review data,
1.22consider developing additional or revised positive behavioral interventions and supports,
1.23consider actions to reduce the use of restrictive procedures, and modify the individualized
1.24education plan or behavior intervention plan as appropriate. At the meeting, the team must
2.1review any known medical or psychological limitations that contraindicate the use of a
2.2restrictive procedure, consider whether to prohibit that restrictive procedure, and document
2.3any prohibition in the individualized education program or behavior intervention plan.
2.4(d) An individualized education plan team may plan for using restrictive procedures
2.5and may include these procedures in a child's individualized education program or
2.6behavior intervention plan; however, the restrictive procedures may be used only in
2.7response to behavior that constitutes an emergency, consistent with this section. The
2.8individualized education program or behavior intervention plan shall indicate how the
2.9parent wants to be notified when a restrictive procedure is used.
2.10EFFECTIVE DATE.This section is effective August 1, 2011.
1.3using restrictive procedures;amending Minnesota Statutes 2010, section
1.4125A.0942, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 125A.0942, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only
1.9by a licensed special education teacher, school social worker, school psychologist,
1.10behavior analyst certified by the National Behavior Analyst Certification Board, a person
1.11with a master's degree in behavior analysis, other licensed education professional,
1.12paraprofessional
1.14(b) A school shall make reasonable efforts to notify the parent on the same day a
1.15restrictive procedure is used on the child, or if the school is unable to provide same-day
1.16notice, notice is sent within two days by written or electronic means or as otherwise
1.17indicated by the child's parent under paragraph (d).
1.18(c) When restrictive procedures are used twice in 30 days or when a pattern emerges
1.19and restrictive procedures are not included in a child's individualized education program
1.20or behavior intervention plan, the district must hold a meeting of the individualized
1.21education plan team, conduct or review a functional behavioral analysis, review data,
1.22consider developing additional or revised positive behavioral interventions and supports,
1.23consider actions to reduce the use of restrictive procedures, and modify the individualized
1.24education plan or behavior intervention plan as appropriate. At the meeting, the team must
2.1review any known medical or psychological limitations that contraindicate the use of a
2.2restrictive procedure, consider whether to prohibit that restrictive procedure, and document
2.3any prohibition in the individualized education program or behavior intervention plan.
2.4(d) An individualized education plan team may plan for using restrictive procedures
2.5and may include these procedures in a child's individualized education program or
2.6behavior intervention plan; however, the restrictive procedures may be used only in
2.7response to behavior that constitutes an emergency, consistent with this section. The
2.8individualized education program or behavior intervention plan shall indicate how the
2.9parent wants to be notified when a restrictive procedure is used.
2.10EFFECTIVE DATE.This section is effective August 1, 2011.
