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SouthWest Metro Educational Cooperative Restrictive Procedures Policy I.

PURPOSE The purpose of this policy is to promote safe and positive approaches for behavioral intervention for all students. When Restrictive Procedures are employed in an emergency situation with disabled student, the district will adhere to the standards and requirements as stated in Minnesota Statutes, sections 125A.0941 and 125A.0942. II. GENERAL STATEMENT OF POLICY SouthWest Metro Educational Cooperative (SWMEC) uses restrictive procedures only in emergency situations. Emergency means a situation where immediate intervention is needed to protect a child or other individual from physical injury. Emergency does not mean circumstances such as: a child who does not respond to a task or request and instead places his or her head on a desk or hides under a desk or table; a child who does not respond to a staff persons request unless failing to respond would result in physical injury to the child or other individual; or an emergency incident has already occurred and no threat of physical injury currently exists. Minn. Stat. 125A.0941(b). Restrictive procedures means the use of physical holding or seclusion in an emergency. Restrictive procedures must not be used to punish or otherwise discipline a child. Minn. Stat. 125A.0941(f).

III.

RESTRICTIVE PROCEDURES USED The restrictive procedure that SWMEC may use in an emergency situation is physical holding and Seclusion. DEFINITIONS Physical holding means physical intervention intended to hold a child immobile or limit a childs 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. Minn. Stat. 125A.0941(c). Seclusion means confining a child 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. Minn. Stat. 125A.0941(g). Mechanical Restraint Physical holding does not include the application of mechanical restraints for bus transportation, sensory needs, or medical needs as these procedures are documented in the students Individual Family Service Plan (IFSP) or Individual Education Program (IEP).

IV.

CONDITIONS THAT MUST BE MET BEFORE USING A RESTRICTIVE PROCEDURE A. Development of a Restrictive Procedures Plan

SWMEC will develop a behavior intervention plan for disabled students that include: 1. A list of restrictive procedures SWMEC intends to use; 2. how the school will monitor and review the use of restrictive procedures, including conducting post-use debriefings and convening an oversight committee; and 3. a written description and documentation of the training staff completed in accordance with the new laws training requirements. See Minn. Stat. 125A.0942, subd. 1. B. Only Certain Personnel May Implement Restrictive Procedures Only the following personnel may employ restrictive procedures: licensed special education teachers, school social workers, school psychologists, behavior analysts certified by the National Behavior Analyst Certification Board, individuals with a masters degree in behavioral analysis, other licensed education professionals, paraprofessionals who are highly qualified under Minn. Stat. 120B.363, or mental health professionals under Minn. Stat. 245.4871, subd. 27, who have completed the training program required by the new law. See Minn. Stat. 125A.0942, subd. 2(a). C. Staff Who Use Restrictive Procedures Must Be Trained Staff members who use restrictive procedures shall complete training in the following skills and knowledge areas: 1. Non-Violent Physical Crisis Prevention Intervention (CPI); 2. Restrictive Procedures Training; 3. positive behavioral interventions; 4. communicative intent of behaviors; 5. relationship building; 6. alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior; 7. de-escalation methods; 8. standards for using restrictive procedures; 9. obtaining emergency medical assistance; 10. the physiological and psychological impact of physical holding and seclusion; 11. monitoring and responding to a childs physical signs of distress when physical holding is being used; and 12. recognizing the symptoms of an intervention that may cause positional asphyxia when physical holding is used. SWMEC will maintain records of staff who have been trained and the organization or professional that conducted the training. See Minn. Stat. 125A.0942, subd. 5(b).

V.

RESTRICTIVE PROCEDURES DOCUMENTATION An IEP Team may plan for the use of restrictive procedures and may include these procedures in a child's IEP or behavior intervention plan; however, the restrictive procedures may be used only in response to behavior that constitutes an emergency. A. Documenting the Method of Parental Notification. The IEP or behavior intervention plan shall indicate how the parent/guardian wants to be notified when a restrictive procedure is used. See Minn. Stat. 125A.0942, subd. 2(d).

B. Record-Keeping Requirements When Restrictive Procedures are used. Each time a restrictive procedure is used, the staff person who implements or oversees the restricted procedure must document the following information as soon as possible after the incident concludes: 1. a description of the incident that led to the physical holding or seclusion; 2. why a less restrictive measure failed or was determined by staff to be inappropriate or impractical; 3. the time the physical holding or seclusion began and the time the child was released; and 4. a brief record of the childs behavioral and physical status. See Minn. Stat. 125A.0942, subd. 3. C. Parental Notification: SWMEC shall make reasonable efforts to notify the parent/guardian on the same day a restrictive procedure is used on the child, or if the school is unable to provide same-day notice, notice is sent within two days by written or electronic means or as otherwise indicated by the childs parents/guardians. See Minn.Stat. 125A.0942, subd. 2(b). D. The IEP Team May Need to Meet When restrictive procedures are used twice in 30 days or when a pattern emerges and restrictive procedures are not included in a child's IEP or behavior intervention plan, SWMEC will hold a meeting of the IEP Team, conduct or review a functional behavioral analysis, review data, consider developing additional or revised positive behavioral interventions and supports, consider actions to reduce the use of restrictive procedures, and modify the IEP or behavior intervention plan as appropriate. At the meeting, the team must review any known medical or psychological limitations that contraindicate the use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and document any prohibition in the IEP or behavior intervention plan.

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