Restrictive Procedures

Explanation

Physical Holding

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 SCRED 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 SCRED member districts who have a reasonable likelihood of needing to engage in physical holding receive training in the 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

Emergencies

Physical holding may only be used in an emergency by staff who hold current CPI certification. "Emergency" is a situation where immediate intervention is needed to protect a child or other individual from 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 discipline a noncompliant student

✋ FAQ: Can my team use modified CPI holds?

No. CPI holds are designed to eliminate the dangers of restraint and maximize staff and student safety. Modification of a CPI hold may increase the risk of restraint-related positional asphyxia and other injuries.

✋ FAQ: Can we use a preventative hold? For example, say that the team knows our student typically falls to the floor or engages in self-injury when prompted to transition to another activity/location.

No. A hold may only be used in an emergency (see above). Refusal to transition is not considered an emergency situation. If the student engages in problem behaviors to avoid a transition, staff should identify alternative strategies to address this behavior (e.g. wait the student out, block self-injury). If a student regularly engages in self-injury, such as head-banging, staff may want to consider carrying protective materials (a pillow or mat) when the danger of self-injury is present.

Notification & Documentation

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.

Documentation

The staff who implemented the restrictive procedure or who were responsible for supervising the restrictive procedure must complete the Use of Restrictive Procedures: Physical Holding form and the Staff Debriefing Meeting form (both in SpEd Forms) within one day of the hold taking place.

Part 1 of 2: Guidance on completing the "Use of Restrictive Procedures: Physical Holding" form

Part 2 of 2: Guidance on completing the "Staff Debriefing Meeting" form

IEP Meeting

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.

The Restrictive Procedures IEP Meeting Agenda has been pre-populated to include all required meeting components listed above. When discussing the use of restrictive procedures, teams are strongly encouraged to use this meeting agenda template.

Restrictive Procedures IEP Meeting Agenda-Template

Make a Copy

✋ FAQ: What do we do if we physically restrained a student but it was not a CPI certified hold?

For safety and liability reasons, staff should only be using physical holds that are CPI certified. If a non-CPI hold was used, you are still legally required to document the hold, and when completing the paperwork you must describe in detail the form of physical restraint that was used and explain why a CPI hold was not used.

✋ FAQ: If we physically restrain a student multiple times in the same day, can we document the separate holds using a single form?

No. Each time a restrictive procedure is used on a student, you must complete the appropriate documentation and notify parents. Remember, physical holds should only be used in an emergency (see above). If your team is using physical restraint on a student regularly, you likely need to reassess whether or not these situations are considered emergencies. In addition, if restrictive procedures occur on two or more separate school days within 30 calendar days, there are statutory requirements regarding an IEP meeting (see above).

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