Restrictive procedures is a term used to describe physical holding or seclusion of children with disabilities in Minnesota schools. Minnesota Statutes, sections 125A.0941 and 125A.0942, govern the use of restrictive procedures.

On April 2, 2012, Governor Dayton signed Minnesota Senate File No. 1917, which amended Minnesota Statutes, sections 125A.0941 and 125A.0942. The amendments went into effect April 3, 2012.

A summary of the 2012 amendments are available for your information. Several more resource documents are provided to help schools and districts understand the important procedures regarding restrictive procedures.
 

• Use of Restrictive Procedures District Summary Data Form - 2012-13 
  As required by Minnesota Statutes, Minnesota school districts must provide to MDE before July 1, summary data on their use of restrictive procedures during the current school year. All districts and public schools are required to respond. Please complete and submit this form electronically by uploading to MDE on the Special Education Compliance Document Upload page. Questions regarding this document may be directed to Ross Oden: 651-582-8450 or ross.oden@state.mn.us.
• Training Requirements for Seclusion and Restraint 
  This resource was most recently updated July 2012. These materials are provided to assist districts in developing their Restrictive Procedures Plan to meet requirements outlined in Minnesota Statutes section 125A.0942, Subd. 1. (Effective August 1, 2011.)
• Restrictive Procedures Legislation - 2012 Amendments 
  A summary of amendments to Minnesota Statutes, sections 125A.0941 and 125A.0942, effective April 3, 2012.
• Sample Restrictive Procedures Plan 
  MDE has developed a sample restrictive procedures plan to provide helpful guidance and a documentation model for the education community.
• Restrictive Procedures Checklist 
  MDE has provided a checklist, which includes the applicable state laws, and fire and safety codes for the use of rooms used for seclusion.

Physical Holding

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 the child or other person from injury. Each time physical holding is used, the staff person who implements or oversees the physical holding must document its use.

Prone restraint is a type of physical holding that places a student in a face down position. School districts may only use prone restraint in an emergency situation on children five years of age and older until August 1, 2013.

• Training. Prone restraint may only be applied by staff who have been specifically trained to do so. Prior to allowing staff members to use prone restraint on any student, the district must provide a list of trained staff to MDE who have been trained on the use of prone restraints, including the type of training and the trainer. MDE has provided a form for district use.

• Each incident of the use of prone restraint must be reported to MDE within five working days using the form provided by MDE.

Data reporting. MDE will collect data on districts’ use of prone restraint and publish the data on MDE’s website on a quarterly basis.

Based on the restrictive procedures data provide by the districts, MDE will develop a statewide plan to reduce the districts’ use of all restrictive procedures. MDE is now in the process of working with stakeholders to develop the statewide plan to identify the need for technical assistance. 
 

• A Summary of Prone Restraint Data Reported by Districts - January 1, 2013 - March 31, 2013 
  Summary of data on the use of prone restraint for incidents that occurred in Minnesota public school districts between January 1, 2013, and March 31, 2013. The summary includes data regarding incidents of prone restraint, student demographics, and number of reporting districts.
• A Summary of Prone Restraint Data Reported by Districts - October 15, 2012 - December 31, 2012 
  Summary of data on the use of prone restraint for incidents that occurred in Minnesota public school districts between October 15 and December 31, 2012. The summary includes data regarding incidents of prone restraint, student demographics, and number of reporting districts.
• Prone Restraint Staff Training Reporting Form 
  Prone restraint may only be used by staff who have received specific training on the use of prone restraints. Prior to allowing a staff member to use prone restraints, a district must provide to MDE a list of staff who have had specific training on the use of prone restraints, the type of training that was provided, and by whom. Submit this form through the Special Education Compliance Document Upload link.
• Prone Restraint Reporting Form 
  State statute requires that school districts use this form to report each incident of the use of prone restraint to MDE. Instructions: Download the form, fill in all fields, save the form, and submit through the Special Education Compliance Document Upload link. Questions regarding this form may be directed to Pamela Hinze: 651-582-8518 or pamela.hinze@state.mn.us.
• Prone Restraint Reporting Form - Instructions 
  This document provides technical assistance and guidance to individuals completing the Prone Restraint Reporting Form.
• Sample Form - Physical Holding 
  Each time physical holding is used, the staff person who implements or oversees the physical holding must document its use.

Seclusion

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.” (Minn. Stat. § 125A.0942, Subd. 3(a)(6)(i)).

Before using a room for seclusion, a school must register the room with the Minnesota commissioner of education. Instructions and a worksheet for registering a room for seclusion with MDE is available, as well as an online option under Resources. Minnesota Statutes, section 125A.0942, Subdivision 3(a)(4), requires documentation of the use of seclusion. A sample form is provided, for your convenience.

• Sample Form - Seclusion 
  Each time seclusion is used, the staff person who implements or oversees the seclusion must document its use.
• Seclusion Rooms - Registration Instructions 
  Before using a room for seclusion, a school must register a room with the Minnesota commissioner of education.
• Seclusion Room Requirements: Joint Statement of MDE and Department of Public Safety