1. SPECIAL EDUCATION RESTRICTIVE PROCEDURES TRAINING Stillwater Area Public Schools 2012-2013

2. Restrictive Procedures State Guidelines and Applications in Restraint and Seclusion

3. STATE STATUTES ON RESTRICTIVE PROCEDURES Definitions and Scenarios

4. History of New Restrictive Procedures Statutes In 2009, restraint and seclusion risks were brought into the spotlight by an Individuals with Disabilities Rights Organization Nationally, Congress and the President created commissions to investigate the matter of restrictive procedures Minnesota Legislatures began to explore the issue with feedback from parent right groups and special education groups The resulting legislation, Minnesota Statutes, sections 125A.0941 and 125A.0942, came out of a compromise based on student and staff safety concerns and went into effect for schools on August 1, 2011

5. Restrictive Procedures Definition The use of physical holding or seclusion in an EMERGENCY (Minn. Stat. § 125A.0941 (e)) An emergency is defined as: A situation where immediate intervention is needed to protect a child or other individual from physical injury or to prevent serious property damage. (Minn. Stat. § 125A.0941 (b))

6. Emergency Scenarios Activity Please discuss whether or not you believe this is an emergency situation and provide an explanation of your answer. Scenarios A student runs outside the school and stands by the door. A student runs outside the school with no coat in 10° F weather. A student runs outside towards a busy roadway. Answer NO. In general, the student is not being a safety threat to self or others unless other mitigating factor is involved. MAYBE. If the student goes out and back in quickly, the student is in no danger. If the student is out for a longer period of time, health may be at risk. YES. The student is in immediate danger.

7. Emergency Scenarios Activity Continued Scenarios Student is making noises and disrupting class Student is repeatedly hitting/kicking staff Student is banging their head on the wall as hard as they can Student is trying to stick metal objects in the electrical socket Answers NO. Safety is not a concern. YES. The safety of the staff is at risk. YES. The safety of the student is at risk.

8. Emergency Scenarios Activity Continued Scenarios Student is pushing computers off desks in computer lab – glass monitors are breaking. Student is throwing pieces of his eraser around the room. Student is refusing to work, sitting on the floor under a desk Answers YES. The property damage is serious, but more so, the student is at damage due to the broken glass and electronics. NO. Safety is not at risk. No. Safety is not at risk.

9. Types of Restrictive Procedures – Restraint The physical intervention intended to hold a child immobile or limit a child’s movement and where body contact is the only source of physical restraint. The term physical holding does not mean physical contact that: – Helps a child respond to a task; – Assists a child without restricting the child’s movement; – Is needed to administer an authorize 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. (Minn. Stat. § 125A.0941 (c))

10. Transport of Students Transporting students when the student does not resist is not considered physical holding, however… If the student resists or does not comply with the transport and staff continue to move or hold the student, it is now a physical hold Example: A student is walking down to a break out space with staff, who have a hand on their arm. The student stops in the hallway and refuses to move and the staff manually moves the student forward, this is now a physical hold/restraint. Remember, physical holds/restraints can only be used in emergency situations. A student stopping in the hallway is not an emergency situation.

11. Is this Restraint? Activity Scenario Student needs to go to a quiet space, staff guide student down hallway by touching their arm with student walking on their own Staff use the CPI or PCM Transport method to take a student to a sensory space Staff holds a student’s arm to help them use the SMART Board A student is placed in a hold on the staff’s lap due acting out behaviors Answer NO, not considered a restraint unless the staff need to use CPI or PCM along the way YES, any use of CPI or PCM is a restraint NO, this would fall under helping a student respond to a task Yes, this is limiting a child’s movement using physical intervention

12. Types of Restrictive Procedures - Seclusion Confining a child alone in a room from which egress is barred. – Includes holding a door shut with your hand/foot or placing a child in a room which he/she is unable to open the door on their own District 834 is NOT using seclusion at this time! Removing a child from an activity to a location where the child cannot participate in or observe the activity is not seclusion. (Minn. Stat. § 125A.0941 (f))

13. Is this Seclusion? Activity Scenarios Student visits the sensory room with staff, door is shut Staff hold door to small room shut with their foot so student can not leave or open the door Student goes to a separate space with staff to cool down – door is not held shut Answers NO, not seclusion, as long as the student is not held in the room YES, holding a door shut so that a student can not leave in any way is seclusion. NO, not seclusion

14. USE OF RESTRICTIVE PROCEDURES Checklist and Requirements

15. First Steps: At the IEP Meeting Students suspected or known to require the use of restrictive procedures need to have a current FBA and BIP Remember to include proactive interventions in the BIP At the IEP meeting: review, discuss, and document the intent in the Prior Written

16. Restrictive Procedure – Physical Restraint is Used with a Student CPI – Children’s Control Position – Team Control Position – Transport Position – Interim Control Position PCM – Transportation Procedures – Vertical Restraints – Horizontal Restraints

17. Professional Crisis Management (PCM) Most common form of physical restraint used in ISD 834 PCM teaches intervention techniques only after individuals have become non-compliant, agitated or aggressive PCM focuses primarily on prevention before a crisis occurs. PCM includes Crisis Prevention, Crisis De-escalation, Crisis Intervention, and Post-Crisis Intervention components. PCM utilizes "hands on" competency-based training and written tests to certify that individuals who receive instruction in PCM reach the highest level of skill acquisition. The best way to handle a crisis situation is to prevent it before it happens!

18. On the Day of the Physical Restraint Duty Parents are Notified – so is the student’s case manager Document notification of parents on Use of Restrictive Procedures – Physical Holding form Use of Restrictive Procedures – Physical Holding form is filled out on SPED forms Person Responsible Licensed Staff or Building Administrator Student’s case manager (after notification by licensed staff/building administrator) Staff person who implemented or oversaw the physical restraint with the case manager (staff person must sign the form)

20. On the Day of the Physical Restraint The case manger needs to check the PWN and determine if the use of physical holding was discussed and agreed upon by the IEP team. If Yes- No IEP meeting is needed unless decided by the debriefing team If No- an IEP team meeting must be convened and held within 2 weeks if this is the 2 nd physical restraint for the student within the past 30 days

21. IEP Meeting – 2 nd Use of Restrictive Procedures When the team meets to consider the use of restrictive procedures and creates or modifies the Restrictive Procedures Plan, they must consider: Review student’s data Does the team need to conduct or review an FBA Does the team need to add or revise positive behavior interventions What actions need to be put in place to reduce the use of restrictive procedures Does the IEP need to be modified Does the BIP need to be modified Should the use of restricted procedures be prohibited (Minn. Stat. 125A.0942 (2c))

22. Within 2 Working Days from when Physical Restraint Occurred Duty Debriefing Meeting is Held Complete Staff Debriefing Meeting form on SpEd Forms Person Responsible Team includes: Building Administrator, School Psychologist and/or Case Manager, and Person who administered/oversaw the physical restraint Debriefing Team completes form: – sends one copy to School Psychologist – sends one copy to the case manager to put in student file

24. At the Debriefing Meeting YES, the physical restraint was used appropriately. Team completes the Staff Debriefing Meeting form and files the form NO, the physical restraint was not used appropriately. Team completes the Staff Debriefing Meeting form and files the form Team must take immediate corrective action such as: retraining/recertification in PCM or CPI, coaching, disciplinary action The Debriefing Team needs to determine: Was the Physical Restraint used appropriately?

25. At the Debriefing Meeting The team must determine if an IEP meeting needs to be held. This is at the discretion of the team, but the team should consider: – Has physical restraint been used 2 times in a 30-day period with no Restrictive Procedures Plan attached to IEP or physical restraint is not addressed in the PWN? – Should increased direct service minutes be considered? – Should an initial/updated FBA be conducted? – Should an initial/updated BIP be conducted? – Is a Manifestation Determination needed? – Is suspension being considered?

26. Quarterly Duty Building Oversight Committee Meets Review Use of Restrictive Procedures – Physical Holding and Staff Debriefing Meeting forms Ensure any training was provided as needed Ensure IEP meetings are timely conducted School Psychologists sends meeting notes including students’ names, school/program, and dates to Student Support Services Person Responsible Team includes: Building Administrator, School Psychologist, and a Special Education Teacher Building Oversight Committee

27. FINAL CONSIDERATIONS Recommendations and Resources

28. Restrictive Procedures Checklist Locate through the server

29. Final Considerations Remember: Physical Restraint is only to be used in Emergency Situations even when included in the IEP/P-BIP Reminder: All staff must be trained in CPI or PCM in order to physically restrain a student

30. Questions?