Restraint and Seclusion Laws in Minnesota
What are the restraint and seclusion rules in Minnesota?
Minnesota has a detailed and highly specific law governing restrictive procedures (physical holding and seclusion) under Minn. Stat. § 125A.0942. Restrictive procedures are defined as physical holding or seclusion used only during emergencies when a child poses an immediate threat of harm. Permitted procedures may only be used in response to behavior that constitutes an emergency and must be the least intrusive intervention that effectively responds to the emergency. Explicitly prohibited are: procedures causing physical pain; sensory restriction as punishment; denial of access to mobility equipment, meals, water, or bathrooms; restraints restricting breathing or communication; prone (face-down) restraints; and seclusion for students in grades K-3 (effective September 1, 2024). Schools must notify parents on the same day a restrictive procedure is used, or within two business days if same-day notice is not possible. If two incidents occur within 30 days, the IEP team must convene within 10 calendar days. After 10 or more days of restrictive procedure use in a school year, the team must consult experts and consider reevaluation. Districts must maintain publicly accessible restrictive procedures plans, establish oversight committees, provide annual staff training, and report data to MDE quarterly and annually. Before any restrictive procedure may be used, the IEP team must have conducted an FBA (Minn. R. 3525.2710, subp. 3).
What Minnesota Requires
Restrictive procedures may only be used in response to an emergency where a child poses an immediate threat of harm, and must be the least intrusive effective response (Minn. Stat. § 125A.0942).
Prone (face-down) restraints are explicitly prohibited (Minn. Stat. § 125A.0942).
Seclusion is prohibited for students in kindergarten through grade 3, effective September 1, 2024 (Minn. Stat. § 125A.0942).
Staff authorized to use restrictive procedures must complete required training; authorized staff include licensed special education teachers, school psychologists, social workers, certified behavior analysts, and trained paraprofessionals (Minn. Stat. § 125A.0942).
Schools must notify parents on the same day a restrictive procedure is used, or within two business days by written or electronic means if same-day notice is impossible (Minn. Stat. § 125A.0942).
An FBA must be conducted before any restrictive procedure may be authorized for a student (Minn. R. 3525.2710, subp. 3).
Districts must maintain publicly accessible restrictive procedures plans, establish oversight committees, provide annual staff training, and report incident data to MDE quarterly and annually (Minn. Stat. § 125A.0942).
Key Timelines
Parent notification: same day the restrictive procedure is used, or within two business days if same-day notice is not possible (Minn. Stat. § 125A.0942).
Two incidents within 30 days: the IEP team must convene within 10 calendar days (Minn. Stat. § 125A.0942).
Ten or more days of restrictive procedure use in a school year: team must consult experts and consider reevaluation (Minn. Stat. § 125A.0942).
Seclusion prohibition for grades K-3 took effect September 1, 2024 (Minn. Stat. § 125A.0942).
Incident data must be reported to MDE quarterly and annually (Minn. Stat. § 125A.0942).