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 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

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, the 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 non-compliant student

The Office of Civil Rights defines seclusion as: “the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving".

The Minnesota Department of Education (MDE) states: Seclusion means confining a child alone in a room from which egress is barred. Before using a room for seclusion, a school must “receive written notice from local authorities that the room and the locking mechanisms comply with applicable building, fire, and safety codes” and register the room (Minn. Stat. § 125A.0942, subd. 3(a)(7)).

Southwest Metro does not have any registered rooms for seclusion. If Seclusion is used, it still must be recorded on the Restrictive Procedure Form and this is reported to MDE Quarterly.

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 Restrictive Procedure Form within one day of the hold taking place.

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 Behavioral Support Plan/Behavior Intervention Plan 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.