A Bill for an Act
Page 1, Line 101Concerning the administration of disciplinary measures in
Page 1, Line 102public schools.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, the "Protection of Individuals from Restraint and Seclusion Act" contains parameters concerning exceptions for the use of restraint and seclusion for various agencies, including for public schools.
The bill removes public schools from the "Protection of Individuals from Restraint and Seclusion Act" and creates the "Protection of Students from Restraint and Seclusion Act" that is specific to local education providers.
The bill:
- Prohibits restraint and seclusion, except as provided;
- Requires a local education provider that uses restraint or seclusion to train its employees and agents; and
- Requires a local education provider to document instances of restraint or seclusion and notify the student's family of certain instances of restraint or seclusion.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add article 15.5 to title 22 as follows:
Page 2, Line 3ARTICLE 15.5
Protection of Students from Restraint and Seclusion Act
Page 2, Line 422-15.5-101. Short title.The short title of this article 15.5
Page 2, Line 5is the "Protection of Students from Restraint and Seclusion Act".
Page 2, Line 622-15.5-102. Definitions.As used in this article 15.5, unless the context otherwise requires:
Page 2, Line 7(1) "Chemical restraint" means involuntary
Page 2, Line 8administration of medication to a student for the purpose of
Page 2, Line 9restraining the student; except that "chemical restraint" does
Page 2, Line 10not include administering prescription medication that is
Page 2, Line 11regularly administered to the student for medical treatment
Page 2, Line 12other than to restrain the student's freedom of movement, or
Page 2, Line 13administering medication for voluntary or life-saving medical procedures.
Page 2, Line 14(2) "Emergency" means a serious, probable, imminent
Page 2, Line 15threat of bodily harm to self or others when there is the present ability to effect such bodily harm.
Page 3, Line 1(3) "IEP team" has the same meaning as described in section 22-20-108.
Page 3, Line 2(4) "Individualized education program" or "IEP" has the same meaning as set forth in section 22-20-103.
Page 3, Line 3(5) "Local education provider" means a school district, a
Page 3, Line 4charter school authorized by a school district pursuant to part
Page 3, Line 51 of article 30.5 of this title 22, a charter school authorized by
Page 3, Line 6the state charter school institute pursuant to part 5 of article
Page 3, Line 730.5 of this title 22, or a board of cooperative services created
Page 3, Line 8and operating pursuant to article 5 of this title 22 that operates one or more public schools.
Page 3, Line 9(6) "Mechanical restraint" means a physical device used
Page 3, Line 10to restrict a student's voluntary freedom of movement or the
Page 3, Line 11movement or normal function of a portion of their body. "Mechanical restraint" does not include:
Page 3, Line 12(a) A device that is recommended for the student by a
Page 3, Line 13physician, occupational therapist, or physical therapist; is
Page 3, Line 14agreed to for use by the student by the student's IEP team or
Page 3, Line 15section 504 team; and is used in accordance with the student's IEP or section 504 plan;
Page 3, Line 16(b) A protective device that is used to prevent a student
Page 3, Line 17from self-harm, is agreed to for use by the student by the
Page 3, Line 18student's IEP team or section 504 team, and is used in accordance
Page 3, Line 19with the student's IEP or section 504 plan. The protective device may include a helmet or mitts.
Page 3, Line 20(c) An adaptive device that is used to facilitate
Page 4, Line 1instruction or therapy for the student that is recommended for
Page 4, Line 2the student by a physician, occupational therapist, or physical
Page 4, Line 3therapist; is agreed to for use by the student by the student's
Page 4, Line 4IEP team or section 504 team; and is used in accordance with the student's IEP or section 504 plan; or
Page 4, Line 5(d) A positioning or securing device that is used to
Page 4, Line 6facilitate the student's medical treatment that is recommended
Page 4, Line 7for the student by a physician, occupational therapist, or
Page 4, Line 8physical therapist; is agreed to for use by the student by the
Page 4, Line 9student's IEP team or section 504 team; and is used in accordance with the student's IEP or section 504 plan.
Page 4, Line 10(7) "Physical restraint" means the use of bodily, physical
Page 4, Line 11force to limit a student's voluntary freedom of movement for
Page 4, Line 12more than one minute; except that "physical restraint" does not
Page 4, Line 13include the holding of a student by an adult for the purposes of calming or comforting the student.
Page 4, Line 14(8) "Prone restraint" means a restraint in which the
Page 4, Line 15student who is being restrained is secured in a face-down position.
Page 4, Line 16(9) "Restraint" means a method or device that is used to
Page 4, Line 17limit a student's voluntary freedom of movement. "Restraint"
Page 4, Line 18includes seclusion, chemical restraint, mechanical restraint,
Page 4, Line 19and physical restraint. "Restraint" does not include the holding
Page 4, Line 20of an individual for less than one minute by an adult for protection of the individual or other persons.
Page 4, Line 21(10) "Seclusion" means the placement of an individual
Page 4, Line 22alone in a room or area from which egress is prevented. "Seclusion" is a form of restraint.
Page 5, Line 1(11) "Section 504 plan" has the same meaning as set forth in section 22-20-123 (2).
Page 5, Line 2(12) "Section 504 team" has the same meaning as set forth in section 22-20-123 (2).
Page 5, Line 322-15.5-103. Prohibit restraint - exceptions. (1) Except as
Page 5, Line 4provided pursuant to this article 15.5, the use of a restraint on
Page 5, Line 5a student of a local education provider is prohibited when the
Page 5, Line 6student is on the property of the local education provider or is
Page 5, Line 7participating in an off-campus activity or event sponsored by the local education provider.
Page 5, Line 8(2) The prohibition described in subsection (1) of this section does not apply to:
Page 5, Line 9(a) The use of mechanical, physical, or prone restraints on
Page 5, Line 10a student enrolled in a school of a school district, charter
Page 5, Line 11school of a school district, or institute charter school who openly displays a deadly weapon, as defined in section 18-1-901;
Page 5, Line 12(b) The use of mechanical or prone restraints by an armed
Page 5, Line 13security officer or a certified peace officer working in a local education provider's facilities when the officer:
Page 5, Line 14(I) Has received documented training in defensive tactics utilizing handcuffing procedures;
Page 5, Line 15(II) Has received documented training in restraint tactics utilizing prone restraint; and
Page 5, Line 16(III) Has made a referral to a law enforcement agency and is making an arrest;
Page 5, Line 17(c) The use of mechanical, physical, or prone restraints by
Page 6, Line 1a school resource officer or a law enforcement officer acting
Page 6, Line 2in the officer's official capacity on the local education
Page 6, Line 3provider's property, in a local education provider's vehicle, or
Page 6, Line 4at an activity or event sponsored by the local education
Page 6, Line 5provider if there is a danger to the student or others or during a custodial arrest that requires transport; and
Page 6, Line 6(d) (I) An emergency after the failure of less restrictive alternatives; or
Page 6, Line 7(II) An emergency after a determination that less
Page 6, Line 8restrictive alternatives would be inappropriate or ineffective during the emergency.
Page 6, Line 9(3) If a local education provider uses a room for seclusion
Page 6, Line 10as a type of restraint, there must be at least one window to
Page 6, Line 11monitor the student when the door is closed. If a window is not
Page 6, Line 12feasible, monitoring must be with a video camera. A student
Page 6, Line 13placed in seclusion must be continually monitored. The room
Page 6, Line 14must be a safe space free of injurious items. The room used for
Page 6, Line 15seclusion must not be a room that is used by school staff for storage, custodial purposes, or office space.
Page 6, Line 16(4) (a) A local education provider that, or local
Page 6, Line 17education provider's employee or agent who, uses restraint shall use the restraint:
Page 6, Line 18(I) Only for the purpose of preventing the continuation or
Page 6, Line 19renewal of the appropriate circumstances described in subsection (2) of this section for the incident;
Page 6, Line 20(II) Only for the period of time necessary to accomplish its
Page 6, Line 21purpose; and
Page 7, Line 1(III) In the case of physical restraint, only if no more
Page 7, Line 2force than is necessary to limit the individual's freedom of movement is used.
Page 7, Line 3(b) If property damage may be involved, restraint may
Page 7, Line 4only be used when the destruction of property would result in
Page 7, Line 5a serious, probable, imminent threat of bodily harm to self or
Page 7, Line 6others and when there is the present ability to effect such bodily harm.
Page 7, Line 722-15.5-104. General duties relating to use of restraint. (1) A
Page 7, Line 8local education provider that, or a local education provider's employee or agent who, uses a restraint shall ensure that:
Page 7, Line 9(a) A physical restraint of a student does not place excess
Page 7, Line 10pressure on the chest or back of the student or inhibit or impede the student's ability to breathe; and
Page 7, Line 11(b) During the physical restraint of a student, the student's breathing is not compromised.
Page 7, Line 12(2) A local education provider's employee or agent shall
Page 7, Line 13provide the student relief periods from seclusion for reasonable access to toilet facilities.
Page 7, Line 14(3) A local education provider's employee or agent shall
Page 7, Line 15release the student in physical restraint within fifteen minutes
Page 7, Line 16after the initiation of the physical restraint, except when it would be unsafe to do so.
Page 7, Line 1722-15.5-105. Training concerning the use of restraint. (1) A
Page 7, Line 18local education provider that uses restraint shall ensure that
Page 7, Line 19employees and agents who are involved in using restraint in its
Page 7, Line 20facilities or programs are trained in the appropriate use of restraint.
Page 8, Line 1(2) A local education provider that uses restraint shall
Page 8, Line 2ensure that all employees and agents who are involved in using
Page 8, Line 3restraint in its facilities or programs are trained to explain the
Page 8, Line 4use of restraint to the student who is to be restrained and to the student's family.
Page 8, Line 522-15.5-106. Documentation requirements for restraint. (1) A
Page 8, Line 6local education provider shall require its employee or agent
Page 8, Line 7who uses a restraint on a student to submit a written report of
Page 8, Line 8the incident to the local education provider no later than one school day after the incident occurred.
Page 8, Line 9(2) No later than July 1, 2025, each school district and
Page 8, Line 10institute charter school shall establish a review process, at
Page 8, Line 11least annually, and document the results of each review
Page 8, Line 12process in writing. The purpose of each annual review process is
Page 8, Line 13to ensure that the local education provider is properly
Page 8, Line 14administering restraint, minimizing and preventing the use of
Page 8, Line 15restraint by increasing the use of positive behavior
Page 8, Line 16interventions, and reducing the incidence of injury to students,
Page 8, Line 17employees, and agents. Each annual review process must include, but is not limited to:
Page 8, Line 18(a) Analysis of incident reports, including consideration
Page 8, Line 19of procedures used during the restraint, preventive or
Page 8, Line 20alternative techniques attempted, documentation, and follow-up;
Page 8, Line 21(b) Training needs of staff;
Page 8, Line 22(c) Staff-to-student ratios; and
Page 9, Line 1(d) Environmental considerations, including physical space, student seating arrangements, and noise levels.
Page 9, Line 2(3) If a restraint is used for more than one minute but less
Page 9, Line 3than five minutes, the local education provider shall provide
Page 9, Line 4written notice on the day of the restraint to the parent or legal
Page 9, Line 5guardian of the student. The written notice must include the
Page 9, Line 6date, the name of the student, and the number of restraints used that day that lasted between one and five minutes.
Page 9, Line 7(4) If a restraint is used for five minutes or more, or if the
Page 9, Line 8student is placed in seclusion for any length of time, the local
Page 9, Line 9education provider shall mail or email a written report of the
Page 9, Line 10incident to the parent or legal guardian of the student not
Page 9, Line 11more than five calendar days after the use of the restraint on
Page 9, Line 12the student. The written report must be placed in the student's confidential file and include:
Page 9, Line 13(a) The antecedent of the student's behavior, if known;
(b) A description of the incident;
Page 9, Line 14(c) Any efforts made to de-escalate the situation;
Page 9, Line 15(d) Any alternatives to the use of restraints that were attempted;
Page 9, Line 16(e) The type and duration of the restraint used;
(f) Any injuries that occurred; and
Page 9, Line 17(g) The names of the local education provider's employees
Page 9, Line 18or agents who were present and employees and agents who were involved in administering the restraint.
Page 9, Line 19(5) No later than June 30, 2026, and no later than every
Page 9, Line 20June 30 thereafter, each local education provider shall submit
Page 10, Line 1the data from the annual review conducted pursuant to
Page 10, Line 2subsection (2) of this section and report it to the department of education pursuant to section 22-1-138.
Page 10, Line 3(6) The department of education shall make training
Page 10, Line 4available to local education providers and local education
Page 10, Line 5providers' employees and agents on the requirements of this
Page 10, Line 6article 15.5 and on the state board of education's corresponding rules for administration.
Page 10, Line 7(7) The department of education has enforcement
Page 10, Line 8authority over restraint investigation decisions. This
Page 10, Line 9enforcement authority must follow the same procedures
Page 10, Line 10outlined for state complaints under the federal "Individuals
Page 10, Line 11with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., and the department's state-level complaint procedures.
Page 10, Line 1222-15.5-107. Rules. (1) No later than January 1, 2026, the
Page 10, Line 13state board of education shall adopt, amend, or repeal rules as necessary to reflect this article 15.5.
Page 10, Line 14(2) The state board of education shall adopt rules
Page 10, Line 15establishing a process by which a student, a student's parent or
Page 10, Line 16legal guardian, or a third party on behalf of a student or
Page 10, Line 17student's parent or legal guardian may formally complain
Page 10, Line 18about the use of restraint by a local education provider's
Page 10, Line 19employee or agent. To the extent practicable, the rules must
Page 10, Line 20detail the process for filing a state complaint under the federal
Page 10, Line 21"Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.
Page 10, Line 22(3) The state board of education may adopt rules
Page 11, Line 1regarding the use of restraint and seclusion consistent with the provisions of this article 15.5.
Page 11, Line 222-15.5-108. Limitations. (1) Nothing in this article 15.5
Page 11, Line 3forms an independent basis of statutory authority for using restraint.
Page 11, Line 4(2) Nothing in this article 15.5 authorizes a local
Page 11, Line 5education provider to implement policies, procedures, or
Page 11, Line 6standards, or authorizes the department of education to adopt
Page 11, Line 7rules that would limit, decrease, or adversely impact any
Page 11, Line 8policies, procedures, standards, rules, or ordinances that
Page 11, Line 9provide greater protection concerning the use of restraint than is described in this article 15.5.
Page 11, Line 10SECTION 2. In Colorado Revised Statutes, 22-1-139, amend (1)(b)(VII) as follows:
Page 11, Line 1122-1-139. Accessible district profile reports - school climate
Page 11, Line 12reports and surveys - reporting - definition. (1) (b) The profile reports must include, but are not limited to:
Page 11, Line 13(VII) The number of students
physicallyPage 11, Line 14SECTION 3. In Colorado Revised Statutes, 22-32-109.1, amend
Page 11, Line 15(2)(a)(I) introductory portion, (2)(a)(I)(L), and (2)(b)(IV) introductory portion as follows:
Page 11, Line 1622-32-109.1. Board of education - specific powers and duties
Page 11, Line 17- safe school plan - conduct and discipline code - safe school reporting
Page 11, Line 18requirements - school response framework - school resource officers
Page 11, Line 19- definitions. (2) Safe school plan. To provide a learning environment
Page 11, Line 20that is safe, conducive to the learning process, and free from unnecessary
Page 11, Line 21disruption, each school district board of education or institute charter
Page 12, Line 1school board for a charter school authorized by the charter school institute
Page 12, Line 2shall, following consultation with the school district accountability
Page 12, Line 3committee and school accountability committees, parents, teachers,
Page 12, Line 4administrators, students, student councils where available, and, where
Page 12, Line 5appropriate, the community at large, adopt and implement a safe school
Page 12, Line 6plan, or review and revise, as necessary in response to any relevant data
Page 12, Line 7collected by the school district, any existing plans or policies already in
Page 12, Line 8effect. In addition to the aforementioned parties, each school district
Page 12, Line 9board of education, in adopting and implementing its safe school plan,
Page 12, Line 10may consult with victims' advocacy organizations, school psychologists,
Page 12, Line 11local law enforcement, and community partners. The plan, at a minimum, must include the following:
Page 12, Line 12(a) Conduct and discipline code. (I) A concisely written conduct
Page 12, Line 13and discipline code that must be enforced uniformly, fairly, and
Page 12, Line 14consistently for all students. Copies of the code
shallPage 12, Line 15to each student upon enrollment at the preschool, elementary, middle, and
Page 12, Line 16high school levels and be posted or kept on file at each public school in
Page 12, Line 17the school district. The school district shall take reasonable measures to
Page 12, Line 18ensure that each student of each public school in the school district is familiar with the code. The code must include, but need not be limited to:
Page 12, Line 19(L) Information concerning the school district's policies for the
Page 12, Line 20use of restraint and seclusion on students, including a reference to
sectionPage 12, Line 21
26-20-111Page 12, Line 22Seclusion Act", article 15.5 of this title 22, and information
Page 12, Line 23concerning the process for filing a complaint regarding the use of restraint
Page 12, Line 24or seclusion, as such process is set forth by rule of the state board
Page 12, Line 25pursuant to
section 22-32-147Page 13, Line 1(b) Safe school reporting requirements. A policy whereby the
Page 13, Line 2principal of each public school in a school district is required to submit
Page 13, Line 3annually, in a manner and by a date specified by rule of the state board,
Page 13, Line 4and in accordance with standardized methods and any revised reporting
Page 13, Line 5categories identified and adopted through the stakeholder process set
Page 13, Line 6forth in section 22-1-138, a written report to the board of education of the
Page 13, Line 7school district concerning the learning environment in the school during
Page 13, Line 8that school year. The board of education of the school district shall
Page 13, Line 9annually compile the reports from every school in the district and submit
Page 13, Line 10the compiled report to the department of education in a format specified
Page 13, Line 11by rule of the state board. The compiled report must be easily accessible
Page 13, Line 12by the general public through a link on the department of education's
Page 13, Line 13website home page. The report must include, but need not be limited to,
Page 13, Line 14the following specific information for the preceding school year,
Page 13, Line 15including any disciplinary incident specified in subsection (2)(b)(IV)(E)
Page 13, Line 16or (2)(b)(IV)(K) of this section that requires additional reporting on the incident:
Page 13, Line 17(IV) The number of conduct and discipline code violations. Each
Page 13, Line 18violation must be reported only in the most serious category that is
Page 13, Line 19applicable to that violation, including, but not limited to, specific
Page 13, Line 20information identifying the number of violations, whether the
Page 13, Line 21violation occurred on the local education provider's property
Page 13, Line 22or off campus, and the action taken with respect to each of the following types of violations:
Page 13, Line 23SECTION 4. In Colorado Revised Statutes, 26-20-102, amend
Page 13, Line 24(1)(a)(III), (6) introductory portion, and (6)(c); repeal (1)(a)(VI); and add
Page 13, Line 25(1)(b)(V) as follows:
Page 14, Line 126-20-102. Definitions. As used in this article 20, unless the context otherwise requires:
Page 14, Line 2(1) (a) "Agency" means:
Page 14, Line 3(III) Any public or private entity that has entered into a contract
Page 14, Line 4for services with an entity described in subsection (1)(a)(I) or (1)(a)(II)
or (1)(a)(VI)Page 14, Line 5(VI)
Any school district, including any school or charter school ofPage 14, Line 6
a school district, and the state charter school institute established in section 22-30.5-503, including any institute charter school.Page 14, Line 7(b) "Agency" does not include:
Page 14, Line 8(V) A local education provider, as defined pursuant to section 22-15.5-102.
Page 14, Line 9(6) "Restraint" means any method or device used to involuntarily
Page 14, Line 10limit freedom of movement, including bodily physical force, mechanical
Page 14, Line 11devices, or chemicals. Restraint must not be used as a form of discipline
Page 14, Line 12or to gain compliance.
from a studentPage 14, Line 13involved, restraint may only be used when the destruction of property
Page 14, Line 14could possibly result in bodily harm to the individual or another person.
Page 14, Line 15"Restraint" includes chemical restraint, mechanical restraint, and physical restraint. "Restraint" does not include:
Page 14, Line 16(c) The holding of an individual for less than one minute by a staff
Page 14, Line 17person for protection of the individual or other persons;
except thatPage 14, Line 18
nothing in this subsection (6)(c) may be interpreted to permit the holdingPage 14, Line 19
of a public school student in a prone position, except as described in section 26-20-111 (2), (3), or (4);Page 14, Line 20SECTION 5. In Colorado Revised Statutes, repeal 22-30.5-528,
Page 14, Line 2122-32-147, and 26-20-111.
Page 15, Line 1SECTION 6. Safety clause. The general assembly finds,
Page 15, Line 2determines, and declares that this act is necessary for the immediate
Page 15, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 15, Line 4the support and maintenance of the departments of the state and state institutions.