Restrictive Procedures

Restrictive procedures” means the use of physical holding or seclusion of children with disabilities in an emergency in Minnesota schools. “Emergency” means a situation where immediate intervention is needed to protect a child or other individual from physical injury. Restrictive procedures must not be used to punish or otherwise discipline a child. Minnesota Statutes, section 125A.0941 and section 125A.0942, govern the use of restrictive procedures.

Freshwater Education District and the districts within the Freshwater Coop are trained in CPI / Nonviolent Crisis Intervention.

Physical holding may only be used in an emergency by staff who hold current CPI certification.

"Emergency" means a situation where immediate intervention is needed to protect a student or other individual from physical injury.

NOT Considered an emergency:

Property destruction
Running from staff (unless failing to respond would result in physical injury — e.g., running toward a busy highway)
Noncompliance (e.g., refusal to go to class, hiding under a desk or table)
An emergency situation that has already occurred and no threat of physical injury currently exists

During an emergency, use of physical holding must meet all of the following requirements:

Physical holding is the least intrusive intervention that effectively responds to the emergency
Staff directly observe the student while physical holding is being used
Physical holding ends when the threat of harm ends and the staff determines the student can safely return to the classroom or activity
Physical holding is not used to punish or discipline a noncompliant student

Parent Notification

Each time a restrictive procedure is used, it must be documented and parents must be notified. Parent notification should take place the same day a restrictive procedure is used. If the school is unable to provide same-day notice, notice should be sent within two days by written or electronic means or as otherwise indicated by the student’s parents.

SpEd forms Documentation

The staff who implemented the restrictive procedure or who were responsible for supervising the restrictive procedure must complete:

1- the Use of Restrictive Procedures: Physical Holding form
2-the Staff Debriefing Meeting form within one day of the hold taking place.
3- Make 3 copies:
student's IEP file
Oversite committee Folder
Give one to your program specialist to give to the Lori Murdock, Special Education Director

IEP Meeting is required when...

If district staff use restrictive procedures on two separate school days within a 30 calendar day period, within 10 calendar days the district must hold an IEP team meeting. The IEP team must conduct or review a FBA, review data, consider developing additional or revised positive behavioral interventions and supports, consider actions to reduce the use of restrictive procedures, and modify the IEP or BSP as appropriate.

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