1.1.................... moves to amend H.F. No. 1179, the first engrossment, as follows:
1.2Pages 73 to 74, delete sections 7 to 9 and insert:

1.3    "Sec. 7. [125A.094] RESTRICTIVE PROCEDURES FOR CHILDREN WITH
1.4DISABILITIES.
1.5The use of restrictive procedures for children with disabilities is governed by
1.6sections 125A.0941 and 125A.0942.
1.7EFFECTIVE DATE.This section is effective August 1, 2011.

1.8    Sec. 8. [125A.0941] DEFINITIONS.
1.9(a) The following terms have the meanings given them.
1.10(b) "Emergency" means a situation where immediate intervention is needed to protect
1.11a child or other individual from physical injury or to prevent serious property damage.
1.12(c) "Positive behavioral interventions and supports" means interventions and
1.13strategies to improve the school environment and teach children the skills to behave
1.14appropriately.
1.15(d) "Physical holding" means physical intervention intended to hold a child immobile
1.16or limit a child's movement and where body contact is the only source of physical restraint.
1.17The term "physical holding" does not mean physical contact that:
1.18(1) helps a child respond or complete a task;
1.19(2) assists a child without restricting the child's movement;
1.20(3) is needed to administer an authorized health-related service or procedure; or
1.21(4) is needed to physically escort a child when the child does not resist or the child's
1.22resistance is minimal.
1.23(e) "Restrictive procedures" means the use of physical holding or seclusion in an
1.24emergency.
2.1(f) "Seclusion" means confining a child alone in a room from which egress is barred.
2.2Removing a child from an activity to a location where the child cannot participate in or
2.3observe the activity is not seclusion.
2.4EFFECTIVE DATE.This section is effective August 1, 2011.

2.5    Sec. 9. [125A.0942] STANDARDS FOR RESTRICTIVE PROCEDURES.
2.6    Subdivision 1. Restrictive procedures plan. (a) Schools that intend to use
2.7restrictive procedures shall maintain and make publicly accessible a restrictive procedures
2.8plan for children that includes at least the following:
2.9(1) the list of restrictive procedures the school intends to use;
2.10(2) how the school will monitor and review the use of restrictive procedures,
2.11including conducting post-use debriefings and convening an oversight committee; and
2.12(3) a written description and documentation of the training staff completed under
2.13subdivision 5.
2.14    Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only by a
2.15licensed special education teacher, school social worker, school psychologist, behavior
2.16analyst certified by the National Behavior Analyst Certification Board, other licensed
2.17education professional, paraprofessional under section 120B.363, or mental health
2.18professional under section 245.4871, subdivision 27, who has completed the training
2.19program under subdivision 5.
2.20(b) A school shall make reasonable efforts to notify the parent on the same day a
2.21restrictive procedure is used on the child, or if the school is unable to provide same-day
2.22notice, notice is sent within two days by written or electronic means or as otherwise
2.23indicated by the child's parent under paragraph (d).
2.24(c) When restrictive procedures are used twice in 30 days or when a pattern emerges
2.25and restrictive procedures are not included in a child's individualized education program or
2.26behavior intervention plan, the district must hold a meeting of the individualized education
2.27plan team, conduct or review a functional behavioral analysis, review data, consider
2.28developing additional or revised positive behavioral interventions and supports, consider
2.29actions to reduce the use of restrictive procedures, and modify the individualized education
2.30plan or behavior intervention plan as appropriate. At the meeting, the team must review
2.31any known medical or psychological limitations that contraindicate the use of a restrictive
2.32procedure, consider whether to prohibit that restrictive procedure, and document any
2.33prohibition in the individualized education program or behavior intervention plan.
2.34(d) An individualized education plan team may plan for using restrictive procedures
2.35and may include these procedures in a child's individualized education program or
3.1behavior intervention plan; however, the restrictive procedures may be used only in
3.2response to behavior that constitute an emergency, consistent with this section. The
3.3individualized education program or behavior intervention plan shall indicate how the
3.4parent wants to be notified when a restrictive procedure is used.
3.5    Subd. 3. Physical holding or seclusion. Physical holding or seclusion may be used
3.6only in an emergency. A school that uses physical holding or seclusion shall meet the
3.7following requirements:
3.8(1) the physical holding or seclusion must be the least intrusive intervention that
3.9effectively responds to the emergency;
3.10(2) physical holding or seclusion must end when the threat of harm ends and the
3.11staff determines that the child can safely return to the classroom or activity;
3.12(3) staff must directly observe the child while physical holding or seclusion is being
3.13used;
3.14(4) each time physical holding or seclusion is used, the staff person who implements
3.15or oversees the physical holding or seclusion shall document, as soon as possible after the
3.16incident concludes, the following information:
3.17(i) a description of the incident that led to the physical holding or seclusion;
3.18(ii) why a less restrictive measure failed or was determined by staff to be
3.19inappropriate or impractical;
3.20(iii) the time the physical holding or seclusion began and the time the child was
3.21released; and
3.22(iv) brief record of the child's behavioral and physical status;
3.23(5) the room used for seclusion must:
3.24(i) be at least six feet by five feet;
3.25(ii) be well lit, well ventilated, adequately heated, and clean;
3.26(iii) have a window that allows staff to directly observe a child in seclusion;
3.27(iv) have tamperproof fixtures, electrical switches located immediately outside the
3.28door, and secure ceilings;
3.29(v) have doors that open out and are unlocked, locked with keyless locks that
3.30have immediate release mechanisms, or locked with locks that have immediate release
3.31mechanisms connected with a fire and emergency system; and
3.32(vi) not contain objects that a child may use to injure the child or others; and
3.33(6) before using a room for seclusion, a school must:
3.34(i) receive written notice from local authorities that the room and the locking
3.35mechanisms comply with applicable building, fire, and safety codes; and
3.36(ii) register the room with the commissioner, who may view that room.
4.1    Subd. 4. Prohibitions. The following actions or procedures are prohibited:
4.2(1) engaging in conduct prohibited under section 121A.58;
4.3(2) requiring a child to assume and maintain a specified physical position, activity,
4.4or posture that induces physical pain;
4.5(3) totally or partially restricting a child's senses as punishment;
4.6(4) presenting an intense sound, light, or other sensory stimuli using smell, taste,
4.7substance, or spray as punishment;
4.8(5) denying or restricting a child's access to equipment and devices such as walkers,
4.9wheelchairs, hearing aids, and communication boards that facilitate the child's functioning,
4.10except when temporarily removing the equipment or device is needed to prevent injury
4.11to the child or others or serious damage to the equipment or device, in which case the
4.12equipment or device shall be returned to the child as soon as possible;
4.13(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or
4.14physical abuse under section 626.556;
4.15(7) withholding regularly scheduled meals or water;
4.16(8) denying access to bathroom facilities; and
4.17(9) physical holding that restricts or impairs a child's ability to breathe.
4.18    Subd. 5. Training for staff. (a) To meet the requirements of subdivision 1,
4.19staff who use restrictive procedures shall complete training in the following skills and
4.20knowledge areas:
4.21(1) positive behavioral interventions;
4.22(2) communicative intent of behaviors;
4.23(3) relationship building;
4.24(4) alternatives to restrictive procedures, including techniques to identify events and
4.25environmental factors that may escalate behavior;
4.26(5) deescalation methods;
4.27(6) standards for using restrictive procedures;
4.28(7) obtaining emergency medical assistance;
4.29(8) the physiological and psychological impact of physical holding and seclusion;
4.30(9) monitoring and responding to a child's physical signs of distress when physical
4.31holding is being used; and
4.32(10) recognizing the symptoms of and interventions that may cause positional
4.33asphyxia when physical holding is used.
4.34(b) The commissioner, after consulting with the commissioner of human services,
4.35must develop and maintain a list of training programs that satisfy the requirements of
4.36paragraph (a). The district shall maintain records of staff who have been trained and the
5.1organization or professional that conducted the training. The district may collaborate with
5.2children's community mental health providers to coordinate trainings.
5.3    Subd. 6. Behavior supports. School districts are encouraged to establish effective
5.4schoolwide systems of positive behavior interventions and supports. Nothing in this
5.5section or section 125A.0941 precludes the use of reasonable force under sections
5.6121A.582, 609.06, subdivision 1, and 609.379.
5.7EFFECTIVE DATE.This section is effective August 1, 2011."