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S.F. No. 1083 - Clarifying Use of Restrictive Procedures
 
Author: Senator Gregory D. Clausen
 
Prepared By: Ann Marie Lewis, Senate Counsel (651/296-5301)
 
Date: March 18, 2013



 

Section 1.  Definitions. Excludes from the definition of “emergency” circumstances such as a child not responding to a request and hiding or placing their head on a desk;  a child not responding to a request unless failing to respond would result in physical injury to the child or others; or an emergency that has already occurred and no threat of physical injury exists.  Prohibits restrictive procedures from being used to punish or otherwise discipline a child.  Allows egress to be barred by an adult locking or closing the door or preventing a child from leaving the room.

Effective Date.   Makes the section effective immediately.

Section 2.  Standards for Restrictive Procedures.  Subdivision 1.  Restrictive Procedures Plan.  Directs school to include a description of how the school will implement a range of positive behavior strategies in its restrictive procedures plan.  Requires the oversight committee to review, on a quarterly basis, the use of restrictive procedures based on patterns or problems.  The oversight committee must include a mental health professional, school psychologist, or school social worker; an expert in positive behavioral strategies; a special education administrator; and a general education administrator.

Subdivision 2.  Restrictive Procedures.  Requires a district to hold a meeting of the child’s individualized education program (IEP) team either within ten calendar days after district staff has used restrictive procedures on two separate school days within 30 calendar days, or at the request of the parents after restrictive procedures are used.  If the IEP team determines that existing interventions and supports are ineffective in reducing the use of restrictive procedures, the team must either consult with other professionals and experts or consider whether to reevaluate the child.

Subdivision 3.  Physical Holding or Seclusion.  Clarifies that physical holding or seclusion must not be used to discipline a noncompliant child.  Directs stakeholders to recommend to the Commissioner specific and measurable implementation and outcome goals for reducing the use of restrictive procedures.  Requires school districts to annually report summary data on their use of restrictive procedures to the department. 

Subdivision 5.  Training for Staff.  Adds training in districts policies and procedures for timely reporting and documentation of each incident involving use of a restricted procedure and schoolwide programs on positive behavior strategies for staff that use restrictive procedures.  Directs the Commissioner to maintain a list of experts to help IEP teams reduce the use of restrictive procedures.

Effective Date.   Makes the section effective the day following final enactment.

Section 3.  Appropriation.  Makes a blank appropriation in fiscal year 2014 to help school districts address the needs of children subject to a high use of prone restraints. 

Effective Date.   Makes the section effective July 1, 2013.

AMB/syl

 
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