as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; providing for seclusion with 1.3 aversive and deprivation procedures; providing for 1.4 rulemaking; amending Minnesota Statutes 2002, sections 1.5 121A.66, subdivision 5, by adding a subdivision; 1.6 121A.67. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 121A.66, 1.9 subdivision 5, is amended to read: 1.10 Subd. 5. [EMERGENCY.] "Emergency" meansaany situation in 1.11 which the immediateinterventionuse of regulated interventions 1.12 as defined in Minnesota Rules, part 3525.2900, subpart 5, or 1.13 other procedure is necessary to protect a pupil or other 1.14 individual from physical injury or to prevent serious property 1.15 damage. Emergency also includes any situation in which a law 1.16 enforcement official restrains or removes a pupil from a 1.17 classroom, building, or school grounds in response to the 1.18 pupil's behavior on school grounds. 1.19 Sec. 2. Minnesota Statutes 2002, section 121A.66, is 1.20 amended by adding a subdivision to read: 1.21 Subd. 6. [SECLUSION.] "Seclusion" means the involuntary 1.22 confinement of a pupil alone in a room or area from which the 1.23 pupil is prevented from leaving. 1.24 Sec. 3. Minnesota Statutes 2002, section 121A.67, is 1.25 amended to read: 1.26 121A.67 [AVERSIVE AND DEPRIVATION PROCEDURES.] 2.1 The commissioner mustadoptamend rules governing the use 2.2 of aversive and deprivation procedures by school district 2.3 employees or persons under contract with a school district. The 2.4 rules must: 2.5 (1) promote the use of positive approaches and must not 2.6 encourage or require the use of aversive or deprivation 2.7 procedures; 2.8 (2) require that planned application of aversive and 2.9 deprivation procedures only bea part of aninstituted after 2.10 completion of a functional behavior assessment and behavior 2.11 intervention plan that is included in the individual education 2.12 plan; 2.13 (3) require parents or guardians to be notified after the 2.14 use of aversive or deprivation procedures in an emergency; 2.15 (4) establish health and safety standards for the use of 2.16 time-out procedures that require a safe environment, continuous 2.17 monitoring of the child, ventilation, and adequate space;and2.18 (5) contain a list of prohibited procedures; 2.19 (6) consolidate and clarify provisions relating to behavior 2.20 support plans in Minnesota Rules, chapter 3525; 2.21 (7) require school districts to report to the commissioner 2.22 any use of emergency procedures and to register with the 2.23 commissioner any room used for seclusion; 2.24 (8) provide that a pupil may not be placed in seclusion 2.25 except in an emergency in which no safe alternative intervention 2.26 is available and then only so long as the emergency continues; 2.27 and 2.28 (9) require that school districts establish oversight 2.29 committees to review the efficacy of behavior support plans 2.30 which include use of aversive or deprivation procedures.