Restrictive Procedures

State statute (Minn. Stat. 125A.094) defines restrictive procedures as "the use of physical holding or seclusion in an emergency." Currently, no facility in the MSED districts is certified to engage in seclusion. As such, physical holding is the only restrictive procedure available.

Physical holding means "physical intervention intended to hold a child immobile or limit a child’s movement where body contact is the only source of physical restraint, and where immobilization is used to effectively gain control of a child in order to protect a child or other individual from physical injury."

In order to keep our students and ourselves safe, staff in the MSED member districts who have a reasonable likelihood of needing to engage in physical holding receive training in the Handle with Care (HWC) or Crisis Prevention Institute's (CPI) Nonviolent Crisis Intervention program. These are the only holds we use.

Physical holding does NOT mean physical contact that:

• Helps a student respond or complete a task (i.e., physical prompting)

• Assists a student without restricting the student’s movement

• Is needed to administer an authorized health-related service or procedure

• Is needed to physically escort a student when the student does not resist or the student’s resistance in minimal

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 child or other individual from physical injury.

An emergency is NOT:

• 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

Even 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