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
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.
Please follow the below steps after a restrictive procedure has taken place:
Notify your district's principal and Freshwater Program Specialist
Complete the Use of Restrictive Procedures: Physical Holding form
Schedule and hold a debrief meeting. All staff involved (supervising and implementing) must meet.
Complete the Staff Debriefing Meeting form within one day of the hold taking place.
Contact Program Specialist to review both forms - do not finalize the documents until your Program Specialist has reviewed them.
Copies of both forms should be printed and delivered to the following:
(1) The student's paper IEP file
(2) Your building's principal
(3) Your program specialist
The Restrictive Procedures folder contains the forms you will need. It is located on the SpEd forms tab (see below).
If district staff use restrictive procedures on two separate school days within a 30 day period, the district must hold an IEP team meeting within 10 school days. The IEP team must discuss what the district is changing in response to the two events. Next steps should include:
Functional Behavior Assessment (FBA) - conduct or review the student's existing FBA to guide revisions to the student's Positive Behavioral Support Plan (PBSP) or Behavior Intervention Plan (BIP).
Data review - are behaviors intensifying?
Consider actions to reduce the use of restrictive procedures, and guide staff training decisions