3525.0850 BEHAVIOR INTERVENTIONS.
Subpart 1. Scope. Parts 3525.0850 to 3525.0854 apply to district staff, contracted personnel, and volunteers in all education programs serving pupils with a disability under United States Code, Title 20, Chapter 33, Sections 1400 et seq.
In state operated facilities licensed by the Department of Corrections, parts 3525.0850 to 3525.0854 must be implemented except these parts may be superceded by parts XXXX.XXXX to XXXX.XXXX where a behavioral intervention is used by Department of Corrections staff to serve a compelling penological interest.
Subp. 2. Purpose. The purpose of parts 3525.0850 to 3525.0854 is to ensure school districts use positive behavioral supports and to ensure that when a behavioral intervention plan is necessary the plan is developed in consideration of the pupil's human dignity and personal privacy, and the plan ensures the pupil's right to placement in the least restrictive educational environment.
Subp. 3. Definitions. As used in parts 3525.0850 to 3525.0854, the following terms have the meanings given them:
A."Aversive procedure" means a regulated intervention that involves the planned application of an aversive stimulus.
B."Aversive stimulus" means a regulated intervention that involves an object that is used or an event or situation that occurs immediately after a specified behavior in order to suppress that behavior.
C."Conditional procedure" means any regulated intervention governed by part 3525.0852 that is not prohibited.
D."Deprivation procedure" means any regulated intervention that involves the planned delay or withdrawal of goods, services, or activities that the pupil would otherwise receive. Deprivation procedure does not include time out, removal from class, or dismissal.
E.“Dismissal from school” means removal of a pupil from school grounds or school-related activities for all or part of the school day or prohibiting the pupil from returning to school the next day as governed by Minnesota Statutes, section 121A.45.
F.“Emergency" means any situation in which immediate intervention is necessary to protect a pupil or other individual from physical injury or to prevent property damage. Emergency includes any situation in which a law enforcement official or police liaison officer restrains or removes a pupil from a classroom, building, school grounds, or school related event. Emergency interventions are governed by part 3525.0854.
G.“Functional behavioral assessment” or “FBA” means a process for gathering information to develop and utilize behavioral supports as defined in part 3525.0200, subpart 3a, and governed by part 3525.0851.
H.“Manual restraint” means a conditional procedure intended to restrict a pupil's movement by using physical contact as the only source of restraint.
I."Mechanical restraint" means a conditional procedure intended to restrict a pupil’s movement by using devices as the source of restraint. Mechanical restraint does not include the use of devices intended for adaptive support for a pupil with physical disabilities. Mechanical restraint is governed by part 3525.0852, subpart 5.
J.“Positive behavioral support” means a comprehensive behavioral intervention that is proactive, preventative, educational, and functional, and is not used primarily for the purposes of punishment or behavior reduction and elimination. Positive behavioral supports address a pupil’s target behavior by teaching socially appropriate replacement behaviors, making environmental modifications, increasing skill performance, and using positive consequences for appropriate behavior.
K.“Prohibited procedure” means any regulated intervention prohibited under part 3525.0853.
L.“Regulated intervention” means any intervention that meets the definition of conditional procedure or the definition of prohibited procedure.
M.“Removal from class” means the removal of a pupil from the current setting for behavior management purposes as governed by Minnesota Statutes, section 121A.61. Removal from class includes in-school suspension. Any day on which a pupil is removed from class counts toward the pupil’s cumulative days of dismissal unless the pupil is afforded the opportunity to: (1) continue toappropriately progress in the general curriculum; (2) continue to receive the services specified on the pupil’s IEP; and (3) continue to participate with nondisabled students to the extent the pupil would have in the pupil’s current placement.
N."Seclusion" means a conditional procedure that removes a pupil from the instructional setting and isolates the pupil in a specially designated room or similar space. Seclusion is governed by part 3525.0852, subpart 4.
O.“Target behavior” means XXXX.
P.“Time out” means the removal of a pupil from an ongoing activity for behavior management purposes without removing the pupil from the current setting.
Subp. 4. Training. The district must ensure that all district staff, contracted personnel, and volunteers are trained in the proper use of positive behavioral supports, methods and techniques to prevent or de-escalate an emergency situation, conditional procedures, and emergency interventions in compliance with its behavioral management policy under part 3525.1100, subpart 2, item F.
3525.0851 BEHAVIORAL INTERVENTION PLANS.
Subpart 1. Evaluation. A district must conduct a functional behavioral assessment, as defined in part 3525.0200, subpart 3a, to determine the pupil’s need for a behavioral intervention plan when:
A.The pupil’s behavior impedes the pupil’s learning or the learning of others;
B.The district uses any element of its discipline policy two or more times in a 30-calendar day period to respond to the pupil’s challenging behavior;
C.A conditional procedure is used in an emergency; or
D.A law enforcement official or police liaison officer restrains or removes the pupil from a classroom, building, school grounds, or school related event.
Subp. 2. Functional behavioral assessment. When the district conducts a functional behavioral assessment, it must prepare a written report including the following information:
A.A description of targeted behaviors and their frequency, severity, and duration;
B.A description of the events, times, and situations that predict the occurrence and nonoccurrence of targeted behavior;
C.A description of the antecedents, consequences, and reinforcers that maintain the behavior;
D.A description of the apparent functions of the behavior and possible positive replacement behaviors;
E.A description of at least two positive interventions implemented to address the targeted behaviors and the effectiveness of each;
F.Documentation that the team has ruled out any other treatable cause for the targeted behaviors, including a mental or physical health condition;
G.An evaluation to determine whether any conditional procedure considered to respond to a targeted behavior may be contraindicated for mental or physical health reasons;
H.Summary statements and hypotheses about the purposes of the behavior that will assist in the development of the pupil’s behavioral intervention plan; and
I.A description of any other evaluation data that may assist in the development of an appropriate behavioral intervention plan for the pupil.
Subp. 3. Behavioral intervention plan. A written behavioral intervention plan must be based on the functional behavioral assessment report under subpart 2, and must be developed through the IEP process under part 3525.2710 and appended to the IEP. In developing a behavioral intervention plan, the IEP team must complete and document the following:
A.Identify positive behavioral supports and positive consequences for appropriate behavior;
B.Where a conditional procedure is necessary to respond to the targeted behavior, identify the least intrusive conditional procedure possible; and
C.Identify a process and timeline for monitoring the effectiveness of the pupil’s behavioral intervention plan.
Subp. 4. Consent.A district may not implement a behavioral intervention plan that includes the use of conditional procedures without prior written consent from the pupil’s parent.
Subp. 5. Withdrawal of consent. A parent may withdraw consent for a conditional procedure at any time by submitting a written or oral statement to that effect to the district. Upon notification of the parent’s withdrawal, the district must:
A.Immediately stop implementing the conditional procedure for which consent was withdrawn, and immediately notify the parent of its actions in writing; and
B.Conduct an IEP team meeting to review the pupil’s IEP and behavioral intervention plan within 5 school days.
3525.0852CONDITIONAL PROCEDURES.
Subpart 1. In general. Conditional procedures include:
A.Aversive procedures;
B.Deprivation procedures;
C.Manual restraint;
D.Mechanical restraint used for medical immobilization or medical protection; and
E.Seclusion.
Subp. 2. Limitations. The use of a conditional procedure is only authorized when it is included in the pupil’s behavioral intervention plan in compliance with part 3525.0851 or the procedure is used in an emergency under part 3525.0854.
Pursuant to Minnesota Statutes, section 626.556, maltreatment of minors includes any physical injury, mental injury, or threatened injury inflicted, other than by accidental means, as a result of the use of a conditional procedure that has not been authorized.
Subp. 3. Frequency; documentation. Each time a conditional procedure is used, either as part of the pupil’s IEP or in an emergency, the district must document the use and must notify the pupil’s parent within 24 hours.
If a planned conditional procedure is used twice in a 30-calendar day period, the IEP team must meet within 5 school days to review the appropriateness of the IEP, including the pupil’s behavioral intervention plan, under part 3525.2810, subpart 2.
Subp. 4. Seclusion. Prior to using seclusion the district must comply with the following:
A.The pupil’s behavioral intervention plan must address the length of time the pupil may remain in seclusion;
B.The length of time a pupil may be in seclusion must not exceed 15 minutes;
C.The pupil’s behavioral intervention plan must include specific criteria for returning the pupil to the pupil’s routine activities and regular educational environment;
D.The pupil must be continuously monitored by trained staff;
E.The pupil must have adequate access to drinking water and bathroom facilities;
F.The district must document the length of time spent in seclusion and the number of occurrences in each school day;
G.The specially designated room or similar space must:
(1)Be a clean, safe environment where all fixtures are tamper proof, the walls and floors are properly covered, and control switches are located immediately outside the room;
(2)Contain an observation window or other device to permit trained staff to continuously monitor the pupil;
(3) Be at least five feet by six feet or substantially equivalent to these dimensions and large enough to allow the pupil to stand, stretch the pupil’s arms, and lie down;
(4) Not be locked by a lock, device, or object positioned to hold the door closed or otherwise prevent the pupil from leaving the isolation space;
(5)Be well-lighted, well-ventilated, and adequately heated; and
(6)Comply with all applicable fire and safety codes.
Subp. 5. Mechanical restraint. Prior to implementing mechanical restraint for the purposes of medical immobilization or medical protection, the district must meet the requirements of part 3525.0851 and:
A.The pupil must have a written order from a licensed physician that specifies the duration and circumstances under which the restraints may be used;
B.The restraint must be applied by an individual who is trained to apply the restraint;
C.The pupil must be continuously monitored by trained staff;
D.The pupil must be given an opportunity for release from the mechanical restraint in accordance with the physician’s order or for at least ten minutes out of every 60 minutes the mechanical restraints are used;
E.The trained individual must lessen or discontinue the mechanical restraint in accordance with the physician’s order or at least every 15 minutes to determine whether the pupil will stop or control the targeted behavior without the restraint; and
F.The district must document the length of time the pupil was kept in the mechanical restraint, the time of day the restraint was lessened or discontinued, the response of the pupil, and the response of the individual who applied the mechanical restraint.
3525.0853PROHIBITED PROCEDURES.
Prohibited procedures are regulated procedures that may not be used under any circumstances. Prohibited procedures include:
A.Corporal punishment as defined in Minnesota Statutes, section 121A.58;
B.Requiring a pupil to assume and maintain a specific physical position, activity, or posture that induces physical pain as an aversive procedure;
C.The presentation of intense sounds, lights, or other sensory stimuli as an aversive stimulus;
D.The use of smell, taste, substance, or spray as an aversive stimulus;
E.Restricting a pupil’s access to equipment or devices, including hearing aids and communication boards, that facilitate the pupil’s functioning except when access is temporarily restricted to prevent a pupil from destroying or damaging the equipment or devices;
F.Faradic skin shock;
G.Totally or partially restricting a pupil’s auditory or visual sense, not including the use of study carrels as an academic intervention;
H.Withholding regularly scheduled meals or water as a deprivation procedure;
I.Denying a pupil access to bathroom facilities as a deprivation procedure;
J.Treatment of a demeaning nature, including interventions that are designed or likely to subject the pupil to verbal abuse, ridicule, or humiliation, or are likely to cause mental injury for that pupil;
K.Locked seclusion, including the use of a lock, device, or object positioned to hold the door closed or otherwise prevent the pupil from leaving the isolation space;
L.Any conditional procedure or emergency intervention implemented by personnel untrained in that procedure;
M.The use of a conditional procedure that is not in the pupil’s IEP and not in response to an emergency situation; and
N.The use of mechanical restraint for purposes other than medical immobilization or medical protection.
3525.0854EMERGENCY.
The district must attempt to de-escalate an emergency situation with positive behavioral supports and de-escalation techniques. If it is not possible to de-escalate an emergency situation and immediate intervention is necessary to protect a pupil or other individuals from physical injury or to prevent property damage, the district may use a conditional procedure. When using a conditional procedure to respond to an emergency situation, the district must:
A.Use the least intrusive conditional procedure available to respond to the emergency situation;
B.Use the conditional procedure for no longer than is necessary to protect the pupil or other individual from physical injury or to prevent property damage;
C.Not exceed reasonable force as defined in Minnesota Statutes, section 121A.582;
D.Ensure that the conditional procedure used is not used as a substitute for positive behavioral supports; and
E.Comply with part 3525.0852, subparts 2 and 3. If a conditional procedure is used in an emergency, the district may continue to use necessary conditional procedures until the IEP team meets in compliance with part 3525.0851 provided the procedure is necessary to protect the individual pupil or other individual from physical injury or to prevent property damage.
Repealer. Part 3525.0200, subparts 1d, 1e, 1g, 2a, 2c, 8e, 8f, 25a, and 25b; part 3525.2710, subpart 4, item F; and part 3525.2900, subpart 5, are repealed.
KRISTINASPage 110/02/2018