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 July 1, 2013, amendments to Minnesota Statutes, sections 125A.0941 and 125A.0942, went into effect.
A summary of the 2013 amendments is available for your information. Several more resource documents are provided to help schools and districts understand the important procedures regarding restrictive procedures.
We are in the process of updating the documents on this page to reflect the recent legislative changes. Please ensure that your district is using the most current forms. Contact our office if you have questions.
As set forth in Minnesota Statutes, section 125A.0942, Subdivision 3(b), by March 1, 2014, stakeholders must recommend to the commissioner specific and measurable implementation and outcome goals for reducing the use of restrictive procedures and the commissioner must submit to the legislature a report on districts' progress in reducing the use of restrictive procedures that recommends how to further reduce these procedures and eliminate the use of prone restraints.
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. 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)(7)(i)).
Before using a room for seclusion, a school must register the room with the Minnesota commissioner of education. (Minn. Stat. § 125A.0942, Subd. 3(a)(7)(ii)). 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)(5), requires documentation of the use of seclusion. A sample form is provided, for your convenience.