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. 

Physical Holding: Minnesota Statutes, section 125A.0941(c): (c) "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. 

The term physical holding does not mean physical contact that:

(1) helps a child respond or complete a task;

(2) assists a child without restricting the child's movement;

(3) is needed to administer an authorized health-related service or procedure; or

(4) is needed to physically escort a child when the child does not resist or the child's resistance is minimal.

Effective August 1, 2015, school districts are prohibited from using prone restraint as an emergency restraint for students with disabilities (Minnesota Statutes, section 125A.0942). Based upon that prohibition, school district staff are not authorized to use prone restraint as an emergency restraint for students with disabilities under the reasonable force statute (Minnesota Statutes, section 121A.582). (“Prone restraint” means placing a student in a face down position.)

Seclusion: Minnesota Statutes, section 125A.0941 (g): "Seclusion" means confining a child alone in a room from which egress is barred. Egress may be barred by an adult locking or closing the door in the room or preventing the child from leaving the room. Removing a child from an activity to a location where the child cannot participate in or observe the activity is not seclusion.

Restrictive procedures may be used only by a licensed special education teacher, school social worker, school psychologist, behavior analyst certified by the National Behavior Analyst Certification Board, a person with a master's degree in behavior analysis, other licensed education professional, paraprofessional or mental health professional, who has completed the training program. 

Physical holding or seclusion may be used only in an emergency. A school that uses physical holding or seclusion shall meet the following requirements: 

(1) the physical holding or seclusion must be the least intrusive intervention that effectively responds to the emergency; 

(2) physical holding or seclusion must end when the threat of harm ends and the staff determines that the child can safely return to the classroom or activity; 

(3) staff must directly observe the child while physical holding or seclusion is being used; 

(4) each time physical holding or seclusion is used, the staff person who implements or oversees the physical holding or seclusion shall document, as soon as possible after the incident concludes, the following information: 

• a description of the incident that led to the physical holding or seclusion;

• why a less restrictive measure failed or was determined by staff to be inappropriate or impractical; 

• the time the physical holding or seclusion began and the time the child was released; and 

• a brief record of the child’s behavioral and physical status. Minnesota Statutes, section 125A.0942, Subdivision 3(a). 

If districts plan to utilize restrictive procedures, they must:

• Ensure that staff are properly trained and certified in CPI.

• Convene an oversight committee to undertake a quarterly review of the use of restrictive procedures. The oversight committee must include:

  • • • General education administrator (could be any principal or superintendent)

      • Special education administrator (district’s coop sped coordinator)

      • Expert in behavioral strategies (EBD teacher, school psych, mental health person)

      • School psych, mental health professional, OR school social worker

1. Complete the Use of Restrictive Procedures: Physical Holding Form or Use of Restrictive Procedures: Seclusion Form

2. Notify parent as soon as possible.

3. Send Use of Restrictive Procedure Form home to parent.

4. Hold a Staff Debriefing Meeting within 2 days and complete the Staff Debriefing Meeting: Physical Holding Form or Staff Debriefing Meeting: Seclusion Form. Verify that this was an emergency procedure.

5. Put copies of the Use of Restrictive Procedure Form and Staff Debriefing Meeting Form in the students special education file.

6. Send copies of the Use of Restrictive Procedure Form and Staff Debriefing Meeting Form to the Oversight Committee chair.

7. If a restrictive procedure has been used 2 or more times in 30 days, schedule an IEP meeting to review the students IEP and Behavior Support Plan (BSP).