“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, sections 125A.0941 and 125A.0942, govern the use of restrictive procedures.

Schools that intend to use restrictive procedures shall maintain and make publicly accessible a Restrictive Procedures Plan for children with disabilities.  The attached Restrictive Procedure Plan is for the Imprints program located within River Bend, but serves as an example as our member districts plans. 
Restrictive Procedure Plan

Physical Holds:
“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. Physical holding may be used only in an emergency.

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

Required Documentation:
Physical Hold Restraint form
This form needs to be filled out as soon as possible and submitted to your Assistant Director.  A copy must go in the student’s file and be given to your building principal. 

Seclusion:
“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. Seclusion may only be used in an emergency. Before using a room for seclusion, a school must: 1) receive written notice from local authorities that the room and the locking mechanisms comply with applicable building, fire, and safety codes; and 2) register the room with the Minnesota commissioner of education. (Minn. Stat. § 125A.0942, Subd. 3(a)(7)). 

Required Documentation:
Seclusion form 
This form needs to be filled out as soon as possible and submitted to your Assistant Director.  A copy must go in the student’s file and be given to your building principal. 

Debriefing form – for both Physical Holds and Seclusion 
The team must also meet to do a “debriefing” of the incident to review the use of the restrictive procedure and to proactively problem solve future incidents.  This should also take places as soon as possible after the incident has occurred! A copy must be submitted to the Assistant Director. 

Please password protect your documents prior to sending them to your Assistant Director.  
Password Protect your documents

Looking for more guidance?  Please review the power point from the Minnesota Department of Education’s, Sara Winter from the Division of Compliance and Monitoring:
Restrictive Procedures Effective July 1, 2013 

1) Who fills out the required forms when a restrictive procedure is used on a student?
The person who initiated the physical hold is the one who fills out the paper work.  However, a discussion among staff may need to take place to get an accurate description of the incident leading up the to “emergency”. 

2) Who contacts the parents or guardian? 
Typically, the case manager will be the person contacting the parent to inform them that a restrictive procedure was used on their child. 

3) How soon do I have to notify parents/guardian of the restrictive procedure used on their student?
A school shall make reasonable efforts to notify the parent on the same day a restrictive procedure is used; or If unable to provide same-day notice, notice is sent within two days by:
– written means;
– electronic means; or
– as otherwise indicated by the parent in the child’s IEP or BIP.

4) Do we have to hold an IEP meeting after one restrictive procedure is used? 
No, not after one restrictive procedure is used.  However, an IEP meeting MUST be held:
–when a student has been placed in a restrictive procedure on TWO SEPARATE SCHOOL DAYS within 30 calendar days; or
– a pattern of use emerges and the child’s IEP or BIP does not provide for using restrictive procedures in an emergency; or
– at the request of a parent or the district after restrictive procedures are used.
(Please consult you Director of Special Education or Assistant Director prior to putting restrictive procedure language in a student’s IEP)