Conditional Procedures (directions and form)
Definition: "Conditional Procedures" defines and restricts what procedures schools may use when dealing with interfering behaviors displayed by any student with an IEP, not just E/BD students. Conditional Procedures include:

1. Manual restraint


2. Mechanical or locked restraints;


3. Time out for seclusion, including:

a. removal to a specially designated isolation room or similar space
b. removal from planned instruction for disciplinary reasons for more than 30 minutes


4. Temporary delay of scheduled meals or water not to exceed 30 minutes.

Time out for "exclusion" is removal from instruction, not to an isolation room, for brief periods not to exceed 30 minutes, and is not affected by this rule. Removal from planned instruction for disciplinary reasons for more than 30 minutes is a conditional procedure and must be documented as described below.

The requirement for educators is to always actively teach "replacement" behaviors - skills which can be practiced and used by students to take the place of maladaptive behaviors. This approach goes beyond merely suppressing unwanted behaviors, placing the emphasis instead on planned, direct instruction of social skills.

Required Documentation: Any use of a conditional procedure is either an emergency use or a planned use. Both uses require documentation.

Emergency Use:

1. File copies of the "Emergency Use of a Conditional Procedure" form immediately with the parent, Director of Special Education, and in the student’s IEP file.
   
2. Two emergency uses in a one month period require an IEP Team Meeting within 5 school days after the use of emergency procedures at which the team will:
   
   a. Review the evaluation to determine whether they are adequate and reflect behaviors, or whether further evaluation is necessary.
   b. Review the adequacy of the existing IEP, including goals and objectives to teach replacement behaviors.
   c. Consider whether to write a plan for the use of a conditional procedure. The IEP team need not wait for a repeated "emergency use" before writing a plan.

Planned Use:

1. Conduct a Functional Behavior Assessment (FBA)

•Description of problem behavior;
•Identification of events, times and situations that predict occurrence and nonoccurrence of behavior;
•Identify consequences and reinforcement that maintain behavior and possible functions of behavior.


2. When the IEP team wishes to implement a conditional procedure on a planned basis, the following issues must be addressed in narrative form in the IEP or in an attachment to the IEP:

•Identify the frequency and severity of target behaviors for which the conditional procedure is being considered based on present level of performance;
•Identify at least two positive interventions which were implemented and the effectiveness of each
•Identify which conditional procedures will be implemented. Include a statement relating the student PLEP needs and goals and objectives to the proposed conditional procedures.


3. Adding procedures as listed above requires an IEP team meeting with team consensus. These due process pieces must be included:

•"Notice of a Team Meeting" to actively discuss the proposed plan with the parent;
•"Notice of Proposed Special Education Service" signed by parent to indicate participation and agreement with informed consent is mandatory for the plan to be implemented. [With no plan, the team reverts to emergency use when such use is absolutely necessary, with filing of appropriate form to designated parties as previously listed.]


4. A parent has the right to withdraw consent for a behavioral intervention plan at any time by notifying the program administrator or designee, and the district will stop the procedure immediately.

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EXAMPLE STATEMENT for the planned use of manual restraint when physical aggression is involved at dangerous levels: requires "Notice of a Team Meeting" and "Notice of Proposed Special Education Service" with parent informed consent and signatures:

The IEP Team has determined that Joe Pupil requires the planned use of a conditional procedure due to an average of four episodes of severe physical aggression per week – recorded over the past three months – likely to result in injury to pupil or others if interventions are not employed. Two positive interventions were employed: 1) Systematic reinforcement on ten minute intervals with high interest rewards for aggression-free intervals throughout the school day with success also reinforced at home by parent. 2) Systematic daily instruction of prosocial replacement behaviors with coaching and practice in role-playing scenarios to build and internalize pupil’s repertoire of skills. These interventions have not been successful in producing safe behavior, and interfering behaviors continue at baseline rates stated above even though these and other interventions continue.

The conditional procedure to be used is manual restraint using a single basket hold or two person team control. This procedure will be used only when warranted as the least intrusive intervention to ensure safety when the pupil (in the judgement of professional staff, pupil displays behaviors such that physical aggression imminently dangerous to self or others is currently happening or is about to happen). The IEP pupil need in this area is to improve problem-solving skills when experiencing potential conflict. The relevant IEP goal is goal #2 with accompanying objectives as listed in the IEP. The primary purpose of this conditional procedure is to prevent injury when school staff is addressing issues covered by this need, goal and objectives.

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IF SECLUSIONARY TIME OUTIS BEING PLANNED, the IEP team must also address that issue according to the following example in the IEP in addition to covering the issues as delineated above:

The pupil will be returned to regular activities and classes when the risk of aggression has substantially subsided. After evaluation by the IEP Team, the use of this procedure is not contraindicated by any known psychological or health reason. When in seclusionary time out, the pupil will be continuously monitored by staff, and logs to document specific data regarding each use will be kept. All other Minnesota State guidelines regarding the use of seclusionary time out will be followed.

If the IEP team is considering the use of seclusionary time out, the following issues must be addressed:
(1) Specific criteria for returning the student to routine activities and regular education environment;
(2) Evaluation to determine whether seclusion is contraindicated for psychological or physical health reasons;
(3) Provision for the student to be continuously monitored by trained staff;
(4) Adequate access to drinking water and to a bathroom for time-out that exceeds 15 minutes;
(5) Documentation of the length of time spent in each time-out procedure and the number of occurrences each day;
(6) A safe environment for the student where all fixtures are tamper-proof, walls and floors are properly covered, and control switches are located immediately outside the room;
(7) An observation window or other devise to permit continuous monitoring of the student;
(8) A space that is at least 5 feet by 6 feet or substantially equivalent to these dimensions and
be well-lighted, well-ventilated, adequately heated, and clean; and
(9) All applicable fire and safety codes.

 05_EMER_USE_OF_COND_PROC.pdf   Conditional Use of Emergency Procedures