| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to education policy; allowing for the use of seclusion as a restrictive |
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| 3 | 3 | | 1.3 procedure; amending Minnesota Statutes 2024, section 125A.0942, subdivisions |
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| 4 | 4 | | 1.4 4, 6. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 125A.0942, subdivision 4, is amended to |
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| 7 | 7 | | 1.7read: |
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| 8 | 8 | | 1.8 Subd. 4.Prohibitions.The following actions or procedures are prohibited: |
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| 9 | 9 | | 1.9 (1) engaging in conduct prohibited under section 121A.58; |
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| 10 | 10 | | 1.10 (2) requiring a child to assume and maintain a specified physical position, activity, or |
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| 11 | 11 | | 1.11posture that induces physical pain; |
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| 12 | 12 | | 1.12 (3) totally or partially restricting a child's senses as punishment; |
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| 13 | 13 | | 1.13 (4) presenting an intense sound, light, or other sensory stimuli using smell, taste, |
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| 14 | 14 | | 1.14substance, or spray as punishment; |
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| 15 | 15 | | 1.15 (5) denying or restricting a child's access to equipment and devices such as walkers, |
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| 16 | 16 | | 1.16wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, |
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| 17 | 17 | | 1.17except when temporarily removing the equipment or device is needed to prevent injury to |
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| 18 | 18 | | 1.18the child or others or serious damage to the equipment or device, in which case the equipment |
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| 19 | 19 | | 1.19or device shall be returned to the child as soon as possible; |
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| 20 | 20 | | 1.20 (6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical |
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| 21 | 21 | | 1.21abuse under chapter 260E; |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-02707 as introduced01/23/25 REVISOR CR/CH |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 1830NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: SEEBERGER and Farnsworth) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading02/24/2025 |
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| 30 | 30 | | Referred to Education Policy 2.1 (7) withholding regularly scheduled meals or water; |
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| 31 | 31 | | 2.2 (8) denying access to bathroom facilities; |
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| 32 | 32 | | 2.3 (9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs |
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| 33 | 33 | | 2.4a child's ability to communicate distress, places pressure or weight on a child's head, throat, |
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| 34 | 34 | | 2.5neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's |
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| 35 | 35 | | 2.6torso; and |
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| 36 | 36 | | 2.7 (10) prone restraint; and. |
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| 37 | 37 | | 2.8 (11) the use of seclusion on children from birth through grade 3 by September 1, 2024. |
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| 38 | 38 | | 2.9 Sec. 2. Minnesota Statutes 2024, section 125A.0942, subdivision 6, is amended to read: |
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| 39 | 39 | | 2.10 Subd. 6.Behavior supports; reasonable force.(a) School districts are encouraged to |
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| 40 | 40 | | 2.11establish effective schoolwide systems of positive behavior interventions and supports. |
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| 41 | 41 | | 2.12 (b) Nothing in this section or section 125A.0941 precludes the use of reasonable force |
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| 42 | 42 | | 2.13under sections 121A.582; 609.06, subdivision 1; and 609.379. Any reasonable force used |
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| 43 | 43 | | 2.14under sections 121A.582; 609.06, subdivision 1; and 609.379 which intends to hold a child |
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| 44 | 44 | | 2.15immobile or limit a child's movement where body contact is the only source of physical |
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| 45 | 45 | | 2.16restraint or confines a child alone in a room from which egress is barred shall be reported |
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| 46 | 46 | | 2.17to the Department of Education as a restrictive procedure, including physical holding or |
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| 47 | 47 | | 2.18seclusion used by an unauthorized or untrained staff person. |
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| 48 | 48 | | 2.19 (c) By February 1, 2024, the commissioner, in cooperation with stakeholders, must make |
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| 49 | 49 | | 2.20recommendations to the legislature for urgently ending seclusion in Minnesota schools. The |
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| 50 | 50 | | 2.21commissioner must consult with interested stakeholders, including parents of students who |
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| 51 | 51 | | 2.22have been secluded or restrained; advocacy organizations; legal services providers; special |
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| 52 | 52 | | 2.23education directors; teachers; paraprofessionals; intermediate school districts and cooperative |
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| 53 | 53 | | 2.24units as defined under section 123A.24, subdivision 2; school boards; day treatment |
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| 54 | 54 | | 2.25providers; county social services; state human services department staff; mental health |
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| 55 | 55 | | 2.26professionals; autism experts; and representatives of groups disproportionately affected by |
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| 56 | 56 | | 2.27restrictive procedures, including People of Color and people with disabilities. The |
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| 57 | 57 | | 2.28recommendations must include specific dates for ending seclusion by grade or facility. The |
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| 58 | 58 | | 2.29recommendations must identify existing resources and the new resources necessary for staff |
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| 59 | 59 | | 2.30capacity, staff training, children's supports, child mental health services, and schoolwide |
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| 60 | 60 | | 2.31collaborative efforts. |
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| 61 | 61 | | 2Sec. 2. |
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| 62 | 62 | | 25-02707 as introduced01/23/25 REVISOR CR/CH |
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