Restrictive Procedures Plan

Minnesota laws encourage the use of positive behavioral supports and strategies and seek to reduce the use of physical holding and seclusion (restrictive procedures). Schools may only use restrictive procedures in response to an emergency situation where immediate intervention is needed to protect a child or other individual from physical injury. An emergency does not include circumstances such as a child not responding to a task or request and instead placing their head on a desk or hiding under a desk or table, or a child not responding to a staff person's request unless failing to respond would result in physical injury to the child or another individual. Restrictive procedures will not be used to punish or discipline a child.

Intermediate District 287 promotes positive behavioral interventions for all students. When restrictive procedures are employed in an emergency, the School District will adhere to the standards and requirements of Minnesota Statute § 125A.0942: Standards for Restrictive Procedures. This plan outlines the restrictive procedures the school intends to use in emergencies, how the school will monitor and review the use of these procedures, documentation requirements, the convening of a District Oversight Committee, and staff training requirements.

Intermediate District 287 uses restrictive procedures only in response to behavior that constitutes an emergency, even if written into a child’s Individualized Education Plan (IEP). An emergency means a situation where immediate intervention is needed to protect a child or other individual from physical injury. The intervention will be used as a last resort and will be considered the safest option for all.

Intermediate District 287 is committed to ensuring that all student-facing staff receive training and certification in CPI’s Nonviolent Crisis InterventionⓇ approach. The CPI model focuses on prevention and nonviolent intervention techniques that reduce injury to students and staff, diffuse potential crisis situations before they escalate, and promote Care, Safety, Welfare, and Security™ for all parties involved.

All Intermediate District 287 Special Education Licensed Staff, Building Administrators, Special Education Support Professionals, School Social Workers, School Psychologists, and Behavior Analysts receive an initial 10-hour course in CPI and refresher courses. This evidence-based program helps de-escalate situations before they become crises and ensures appropriate and safe responses during crises.

Intermediate District 287 is committed to using positive behavioral interventions and supports as defined in Minnesota Statute § 125A.0941(d). This involves incorporating environmental changes and skill-building strategies proactively to maintain a supportive and safe learning environment. In the event that a student’s challenging behavior escalates to an emergency situation, Intermediate District 287 staff may use procedures considered restrictive under Minnesota Statute § 125A.0942 to maintain a safe environment when less restrictive procedures are ineffective. In accordance with Minnesota Statute § 125A.0942, Subd. 1, Intermediate District 287 discloses the following on the use of restrictive procedures:

Minnesota Statutes on Restrictive Procedures

• Restrictive Procedures: Minnesota Statute § 125A.0941(f) includes physical holding and seclusion as restrictive procedures.
• Prohibited Procedures: Intermediate District 287 will never use any of the procedures designated as prohibited under Minnesota Statute § 125A.0942, Subd. 4(1-11).
• Emergency: Minnesota Statute § 125A.0941(b) states that a restrictive procedure may only be utilized in an emergency situation. An emergency is defined as a situation where immediate intervention is needed to protect a student or others from physical injury.

Restrictive Procedures Not Used in Intermediate District 287

Seclusion: Seclusion means confining a student alone in a room from which egress is barred. This does not include removing a child from an activity to a location where the child cannot participate in or observe the activity. In the event that an emergency situation unexpectedly occurs and the use of physical holding is deemed unsafe, staff may remove others and themselves from the current room while barring egress to prevent injury, as use of reasonable force under Minnesota Statutes § 125A.582; 609.06. Intermediate District 287 does not intend to use seclusion.

Restrictive Procedures Used In Intermediate District 287

Physical Holding: 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. Intermediate District 287 Licensed Staff, Building Administrators, Special Education Support Professionals, School Social Workers, School Psychologists, and Behavior Analysts participate in CPI training. This mandatory training covers the appropriate use of physical restraints. Physical holding does not include physical contact that:

• Helps a child respond or complete a task;
• Assists a child without restricting the child’s movement;
• Is needed to administer an authorized health-related service or procedure; or
• Is needed to physically escort a child when the child does not resist or the child’s resistance is minimal.

Intermediate District 287 intends to use the following types of physical holding:

• CPI Hold: Transport
• CPI Hold: Disengagement
• CPI Hold: Seated Hold
• CPI Hold: Standing Hold
• CPI Hold: Team Control
• CPI Hold: Children’s Standing Hold
• CPI Hold: Emergency Floor Position (Supine)

Prohibited Procedures Include the Following:

• Engaging in conduct prohibited under section 121A.58 (corporal punishment);
• Requiring a child to assume and maintain a specified physical position, activity, or posture that induces physical pain;
• Totally or partially restricting a child’s senses as punishment;
• Presenting an intense sound, light, or other sensory stimuli using smell, taste, substance, or spray as punishment;
• Denying or restricting a child’s access to equipment and devices such as walkers, wheelchairs, hearing aids, and communication boards that facilitate the child’s functioning, except when temporarily removing the equipment or device is needed to prevent injury to the child or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible;
• Interacting with a child in a manner that constitutes sexual abuse, neglect, or physical abuse under section 626.556 (reporting of maltreatment of minors);
• Withholding regularly scheduled meals or water;
• Denying access to bathroom facilities;
• Physical holding that restricts or impairs a child’s ability to breathe, restricts or impairs a child’s ability to communicate distress, places pressure or weight on a child’s head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child’s torso;
• Prone restraint; and
• The use of seclusion on children from birth through grade 3 

What is considered an “Emergency”?

An emergency is a situation where immediate intervention is needed to protect a child or other individual from physical injury.

• Jumping in front of a bus is an emergency.
• A student not responding to verbal intervention during a fight may be an emergency.

NOT an Emergency:

• Screaming obscenities in the hallway.
• Property destruction.
• A child who does not respond to a task or request and instead places their head on a desk or hides under a desk or table.
• A child who does not respond to a staff person’s request unless failing to respond would result in physical injury to the child or another individual.
• An emergency incident has already occurred, and no threat of physical injury currently exists.

Restrictive Procedures - Basic Procedures:

• Can be used only in an emergency. It must be the safest option and the last resort
• Must be the least intrusive effective intervention.
• Must end when the threat of harm ends.
• Must be documented every time.
• Parent notification is required on the same day a restrictive procedure is used on a student. 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 student’s parent.
• A post-use debriefing must occur within 48 hours of the procedure.
• A Restrictive Procedure Reporting Form must be completed

All Intermediate District 287 special education staff receive training on the skills and knowledge content areas in accordance with Minnesota Statute § 125A.0942, Subd. 1(3) and Subd. 5.

CPI Nonviolent Crisis InterventionⓇ Approach

All Special Education staff continue to participate in refresher CPI training semiannually. Newly hired special education staff are required to attend CPI training before the start of the school year. Staff who design and use behavioral interventions will complete training in the use of positive approaches as well as restrictive procedures. Training records will identify the content of training, attendees, and training dates.

Intermediate District 287 staff who use restrictive procedures, including Education Support Professionals, receive training in the following skills and knowledge areas:

• Positive behavioral interventions
  • CPI Training
  • PCM Everyday BehaviorTools
• Communicative intent of behaviors
  • CPI Training
  • PCM Everyday BehaviorTools
• Relationship building
  • CPI Training
  • PCM Everyday BehaviorTools
• Restorative Practices
• Alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior
  • CPI Training
  • PCM Everyday BehaviorTools
• De-escalation methods
  • CPI Training
  • PCM Everyday BehaviorTools
• Standards for using restrictive procedures only in an emergency
  • CPI Training
• Obtaining emergency medical assistance
  • CPI Training
• The physiological and psychological impact of physical holding and seclusion
  • CPI Training
• Monitoring and responding to a child’s physical signs of distress when physical holding is being used
  • CPI Training
• Recognizing the symptoms of and interventions that may cause positional asphyxia when physical holding is used
  • CPI Training
• District policies and procedures for timely reporting and documenting each incident involving the use of a restrictive procedure
• Annual training regarding the use and reporting of restrictive procedures for all staff
• School-wide programs on positive behavior strategies

Authorized Staff

Staff who are trained and current with their CPI Nonviolent Crisis InterventionⓇ approach training and are authorized to use restrictive procedures include:

• Licensed special education teachers
• Student Safety Coaches
• Other certified/registered educational professionals
• Special education support professionals
• Building administration
• Licensed school social workers
• School psychologists

Intermediate District 287 implements a wide range of positive behavior strategies and interventions for staff, which vary by building. Some interventions include:

• Crisis Prevention Intervention
• PCM Everyday BehaviorTools
• Positive Behavior Intervention and Supports (PBIS)
• Various programs focusing on children and adolescent mental health
• Trauma-informed care
• Social Emotional Learning Curriculums
• Non-verbal communication strategies
• Restorative Practices

Additionally, Intermediate District 287 provides training on accommodating, modifying, and adapting curricula, materials, and strategies to appropriately meet the needs of individual students and ensure adequate progress toward the state graduation standards. These training programs include:

• Classroom Instruction that Works (CITW)
• Culturally-responsive teaching and curricula selection
• Training in individual disability areas, mental health diagnoses, and classroom practices that support those needs
• Trauma-informed educational teaching practices
• Implicit bias training through a racial lens

Training records are maintained at the district office.

Each time physical holding or seclusion is used, the staff person who implements or oversees the physical holding or seclusion must document the incident as soon as possible after it concludes, meeting the documentation requirements under Minnesota Statute § 125A.0942, subd. 3(5).

This documentation includes:

• a description of the incident that led to the physical holding or seclusion;
• why a less restrictive measure failed or was determined by staff to be inappropriate or impractical;
• the time the physical holding or seclusion began and the time the child was released;
• a brief record of the child's behavioral and physical status; and
• a brief description of the post-use debriefing that occurred as a result of the use of the physical hold or seclusion;

Intermediate District 287 shall make reasonable efforts to notify the parent on the same day by the parent's preferred method when a restrictive procedure is used in an emergency. The preferred method of communication in the event of the use of a restrictive procedure will be discussed and noted in the IEP at least annually at the IEP meeting if the possibility of restrictive procedures in an emergency is written into a student’s IEP (consistent with statute § 125A.0942, Subd. 2 (f)). If the school is unable to provide same-day notice, notice will be sent by written or electronic means or as otherwise indicated by the parent. If restrictive procedures are used twice within 30 days or when a pattern emerges and it’s not already included in the student’s IEP, the district must hold a meeting of the team to conduct a review of the Functional Behavior Assessment data and consider developing or revising the positive behavioral interventions and supports.

The use of restrictive procedures in emergency situations will be documented as soon as possible after an incident, but no later than 48 hours after it has occurred.

Restrictive Procedures Staff Debriefing Process

Each time a restrictive procedure is used, the staff person  who implemented or oversaw the physical holding shall conduct a post-use debriefing with the staff members involved within 48 hours. The post-use debriefing will review the requirements for the use of restrictive procedures to ensure they were implemented according to the standards in Minnesota Statute § 125A.0942. This includes ensuring the form was completed correctly, allowing staff to discuss their feelings surrounding the incident, and generating action plans. If the post-use debriefing indicates that restrictive procedures were not used appropriately, Intermediate District 287 staff will contact the Building Administrator immediately.

The post-use debriefing will review the following requirements to ensure the physical holding was used appropriately:

• The restrictive procedures reporting form
• The student’s current IEP
• The student’s Functional Behavioral Assessment (FBA) and Positive Behavior Support Plan (PBSP)

The following will be considered:

• Whether the physical holding was used in an emergency
• Whether the physical holding was the least intrusive intervention that effectively responded to the emergency
• Whether the physical holding was used to discipline a noncompliant child
• Whether the physical holding ended when the threat of harm ended and the staff determined that the child could safely return to the classroom or activity
• Whether the staff directly observed the child while physical holding was being used
• Whether the documentation was completed correctly
• Whether the parents were properly notified
• Whether an IEP team meeting needs to be scheduled
• Whether the appropriate staff used physical holding
• Whether the staff that used physical holding was appropriately trained

District 287 will monitor and review the use of restrictive procedures in the following manner: The Districtwide Restrictive Procedures Oversight Committee (RPOC) will meet to review and analyze the data collected regarding the use of restrictive procedures within each 287 site and within the district as a whole. The RPOC will also analyze site and program trends with respect to restrictive procedures, including trends related to students’ race and other demographic data, and make recommendations for new or ongoing staff training. In addition, the team will review completed forms and data.

Intermediate District 287’s Oversight Committee will review the following:

• The use of restrictive procedures based on patterns or problems indicated by similarities in the time of day, day of the week, duration of use, the individuals involved, or other factors associated with the use of restrictive procedures.
• The number of times restrictive procedures are used school-wide and for individual students.
• The number and types of injuries, if any, resulting from the use of restrictive procedures.
• Whether restrictive procedures are used in non-emergency situations.
• The need for additional staff training.
• Proposed actions to minimize the use of restrictive procedures.