4.09 Behavioral Intervention Procedures

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This policy is intended to encourage the use of positive approaches to behavioral interventions. The objective of any behavioral intervention must be that pupils acquire appropriate behaviors and skills. It is critical that behavioral intervention programs focus on skills acquisition rather than merely behavior reduction or elimination. Behavioral intervention policies, programs, or procedures must be designed to enable a pupil to benefit from an appropriate, individualized educational program as well as develop skills to enable them to function as independently as possible in their communities. Minn. R. 3525.0850.

4.09.01 District Policy

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All behavioral interventions not covered in the IEP must be consistent with the district's discipline policy. Continued and repeated use of any element of a district's discipline policy must be reviewed in the development of the individual pupil's IEP. Minn. R. 3525.2900, subp. 5(B).

Policy describing the district's procedures for implementing the use of conditional interventions with pupils. Policies must be reviewed regularly and shall include, at a minimum, the following components:

(1) ongoing personnel development activities for all staff, contracted personnel, and volunteers who work with pupils who are disabled that:

(a) promote the use of positive approaches;

(b) provide an awareness of how to limit the use of aversive and deprivation procedures;

(c) provide an awareness of how to avoid abuse of such procedures;

(d) provide an awareness of specific cautions for the use of conditional procedures with specific populations of pupils or for the use of certain procedures; and

(e) provide staff training requirements for the design and use of all conditional interventions prior to their use;

(2) documentation procedures of the use of interventions and maintenance and retention of records of use; and

(3) description of the district's procedure for reviewing emergency situations where conditional procedures are used. Minn. R. 3525.1100, subp. 2(F).

4.09.02 Regulated Intervention Procedures

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There are two types of regulated interventions: conditional procedures and prohibited procedures. Minn. R. 3525.2900, subp. 5(A).

A. Conditional Procedures

"Conditional procedures" means interventions that meet the definitions of aversive and deprivation procedures which are not prohibited. Conditional procedures include the use of manual restraint; the use of mechanical or locked restraints; time out procedures for seclusion; and temporary delay or withdrawal of regularly scheduled meals or water not to exceed 30 minutes except as provided in Minnesota Rule, part 3525.0200, subpart 2a. Minn. R. 3525.0210, subp. 9.

(1) Conditional procedures may only be used when included as part of the pupil's IEP or in an emergency situation according to Minnesota Rule, part 3525.0200. In order to utilize a conditional procedure, the IEP team must:

(a) identify the frequency and severity of target behaviors for which the conditional procedure is being considered;

(b) identify at least two positive interventions implemented and the effectiveness of each; and

(c) design and implement regulated interventions based on present levels of performance, needs, goals and objectives, and document in the IEP. Minn. R. 3525.2900, subp. 5(A)(1).

B. Emergency Interventions

1. Definition of Emergency Interventions

"Emergency" means a situation in which immediate intervention is necessary to protect a pupil or other individual from physical injury, emotional abuse due to verbal and nonverbal threats and gestures, or to prevent severe property damage. The emergency intervention must be the least intrusive intervention possible to reasonably react to the emergency situation. This subpart does not prohibit staff persons from using reasonable force to protect themselves or other pupils or students as provided in Minnesota Statutes, section 609.379. Minn. R. 3525.0210, subp. 17.

2. Use of Conditional Intervention Procedures in Emergencies

If an emergency intervention is used twice in a month or a pupil's pattern of behavior is emerging that interferes with the achievement of the pupil's educational goals and objectives, a team meeting must be called to determine if the pupil's IEP is adequate, if additional evaluation is needed, and, if necessary, to amend the IEP. Districts may use conditional procedures in emergencies until the IEP team meets, provided the emergency measures are deemed necessary by the district to protect the individual pupil or others from harm. The IEP team shall meet as soon as possible, but no later than five school days after emergency procedures have commenced. District administration and parents must be notified immediately when a regulated procedure is used in an emergency situation. Minn. R. 3525.2900, subp. 5(C).

4.09.03 Prohibited Procedures

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(2) Prohibited procedures are interventions that are prohibited from use in schools by school district employees, contracted personnel, and volunteers. The procedures or actions listed in subitems a to i are prohibited:

(a) corporal punishment as defined in Minnesota Statutes, section 121A.58;

(b) requiring a pupil to assume and maintain a specified physical position, activity, or posture that induces physical pain as an aversive procedure;

(c) presentation of intense sounds, lights, or other sensory stimuli as an aversive stimulus;

(d) use of noxious smell, taste, substance, or spray as an aversive stimulus;

(e) denying or restricting a pupil's access to equipment and devices such as hearing aids and communication boards that facilitate the person's functioning except temporarily when the pupil is perceived to be destroying or damaging equipment or devices;

(f) faradic skin shock;

(g) totally or partially restricting a pupil's auditory or visual sense not to include study carrels when used as an academic intervention;

(h) withholding regularly scheduled meals or water; and

(i) denying a pupil access to toilet facilities. Minn. R. 3525.2900, subp. 5(A)(2).

4.09.04 Timeout Procedures

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A. Requirements

Time-out procedures that seclude a student in a specially designated isolation room or similar space must meet the following conditions:

(1) specific criteria for returning the pupil to the routine activities and regular education environment;

(2) an evaluation to determine whether seclusion is contraindicated for psychological or physical health reasons;

(3) provision for the pupil to be continuously monitored by trained staff;

(4) adequate access to drinking water and to a bathroom for a time-out that exceeds 15 minutes;

(5) documentation of the length of time spent in each time-out procedure and the number of occurrences each school day. Minn. R. 3525.2900, subp. 5(D)(1)-(5).

B. Isolation Room Specifications

Time-out procedures that seclude a student in a specially designated isolation room or similar space must meet the following conditions:

(6) a safe environment for the pupil where all fixtures are tamper proof, walls and floors are properly covered, and control switches are located immediately outside the room;

(7) an observation window or other device to permit continuous monitoring of the pupil;

(8) a space that is at least five feet by six feet or substantially equivalent to these dimensions and be large enough to allow the pupil to stand, to stretch the pupil's arms, and to lie down;

(9) be well-lighted, well-ventilated, adequately heated, and clean; and

(10) all applicable fire and safety codes. Minn. R. 3525.2900, subp. 5(D)(6)-(10).

4.09.05 Parental Right to Withdraw Consent

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A parent has the right to withdraw consent for a behavior intervention plan at any time by notifying the program administrator or designee and the district must stop the procedure immediately. After parental consent is withdrawn and the procedure is stopped, the school must send written acknowledgment to the parent and request parental signature. If a parent's signature to withdraw consent cannot be obtained, the district must document its efforts to communicate and obtain the signature. Parents must be contacted within three school days to determine the need to convene the IEP team to consider a change in program or placement. Minn. R. 3525.2900, subp. 5(E).