Minnesota

Not Defined

“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. "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. Reasonable force standard. (a) A teacher or school principal, in exercising the person's lawful authority, may use reasonable force when it is necessary under the circumstances to correct or restrain a student to prevent bodily harm or death to the student or to another.

Not defined

Not defined

“Seclusion” means a situation in which a child is confined alone in a room and is prevented from leaving. "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. Removing a child from an activity to a location where the child cannot participate in or observe the activity is not seclusion. "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.

For the purpose of this section, "corporal punishment" means conduct involving: (1) hitting or spanking a person with or without an object; or (2) unreasonable physical force that causes bodily harm or substantial emotional harm.

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” and register the room. The room used for seclusion must: (i) be at least six feet by five feet; (ii) be well lit, well ventilated, adequately heated, and clean; (iii) have a window that allows staff to directly observe a child in seclusion; (iv) have tamperproof fixtures, electrical switches located immediately outside the door, and secure ceilings; (v) have doors that open out and are unlocked, locked with keyless locks that have immediate release mechanisms, or locked with locks that have immediate release mechanisms connected with a fire and emergency system; and (vi) not contain objects that a child may use to injure the child or others; and (7) before using a room for seclusion, a school must: (i) receive written notice from local authorities that the room and the locking mechanisms comply with applicable building, fire, and safety codes; and (ii) register the room with the commissioner, who may view that room.

Restrictive procedures can only be used in emergency situations where immediate intervention is needed to protect the child or other individuals from physical injury. It should be avoided to the greatest extent possible without endangering the safety of the child or others. Restrictive procedures must not be used to punish or otherwise discipline a child. Reasonable force standard. (a) A teacher or school principal, in exercising the person's lawful authority, may use reasonable force when it is necessary under the circumstances to correct or restrain a student to prevent bodily harm or death to the student or to another. "Emergency" means a situation where immediate intervention is needed to protect a child or other individual from physical injury.

N/A

N/A

Restrictive procedures can only be used in emergency situations where immediate intervention is needed to protect the child or other individuals from physical injury. It should be avoided to the greatest extent possible without endangering the safety of the child or others. Effective September 1, 2024, school districts are prohibited from using seclusion on children from birth through grade 3. Based upon that prohibition, school district staff are not authorized to use seclusion on children from birth through grade 3 as an emergency procedure for students with disabilities under the reasonable force statute."Emergency" means a situation where immediate intervention is needed to protect a child or other individual from physical injury. "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.

Corporal punishment not allowed. An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or as a penalty for unacceptable conduct.

N/A

Yes

A school shall make reasonable efforts to notify the parent 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 child's parent under paragraph

Each time physical holding or seclusion is used, the staff person who implements or oversees the physical holding or seclusion documents, as soon as possible after the incident concludes, the following information: (i) a description of the incident that led to the physical holding or seclusion; (ii) why a less restrictive measure failed or was determined by staff to be inappropriate or impractical; (iii) the time the physical holding or seclusion began and the time the child was released; (iv) a brief record of the child's behavioral and physical status; and (v) a brief description of the post-use debriefing that occurred as a result of the use of the physical hold or seclusion;

All districts and charter schools are required to complete quarterly seclusion reporting, even if they do not have seclusions to report. Seclusion data is due each October 15, January 15, April 15, and July 15. The data is collected using the Stepwell MN data reporting tool, which is accessed via the Education Identity and Access Management (EDIAM) Security System.

The summary data must include information about the use of restrictive procedures, including use of reasonable force under section 121A.582.

All school districts and charter schools are required to complete annual physical holding reporting, even if they do not have physical holds to report. Physical holding data is collected using the Stepwell MN data reporting tool, which is accessed via EDIAM. Physical holding and narrative response data are collected annually on July 15.

https://education.mn.gov/MDE/fam/sped/holds/PROD085369

Public and Charter Schools

Training for staff. (a) To meet the requirements of subdivision 1, staff who use restrictive procedures, including paraprofessionals, shall complete training in the following skills and knowledge areas: (1) positive behavioral interventions; (2) communicative intent of behaviors; (3) relationship building; (4) alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior; (5) de-escalation methods; (6) standards for using restrictive procedures only in an emergency; (7) obtaining emergency medical assistance; (8) the physiological and psychological impact of physical holding and seclusion; (9) monitoring and responding to a child's physical signs of distress when physical holding is being used; (10) recognizing the symptoms of and interventions that may cause positional asphyxia when physical holding is used; (11) district policies and procedures for timely reporting and documenting each incident involving use of a restricted procedure; and (12) schoolwide programs on positive behavior strategies.