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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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,
Page 2, Line 13including asthma corticosteroid, mood disorder medication,
Page 2, Line 14insulin, or glucagon, or administering medication for voluntary
Page 2, Line 15or life-saving medical procedures, including epinephrine or
Page 2, Line 16diazepam.
Page 3, Line 1(2) "Emergency" means a serious, probable, imminent
Page 3, Line 2threat of bodily harm to self or others when there is the present ability to effect such bodily harm.
Page 3, Line 3(3) "IEP team" has the same meaning as described in section 22-20-108.
Page 3, Line 4(4) "Individualized education program" or "IEP" has the same meaning as set forth in section 22-20-103.
Page 3, Line 5(5) "Local education provider" means a school district, a
Page 3, Line 6charter school authorized by a school district pursuant to part
Page 3, Line 71 of article 30.5 of this title 22, a charter school authorized by
Page 3, Line 8the state charter school institute pursuant to part 5 of article
Page 3, Line 930.5 of this title 22, or a board of cooperative services created
Page 3, Line 10and operating pursuant to article 5 of this title 22 that operates one or more public schools.
Page 3, Line 11(6) "Mechanical restraint" means a physical device used
Page 3, Line 12to restrict a student's voluntary freedom of movement or the
Page 3, Line 13movement or normal function of a portion of their body. "Mechanical restraint" does not include:
Page 3, Line 14(a) A device that is recommended for the student by a
Page 3, Line 15physician, occupational therapist, or physical therapist; is
Page 3, Line 16agreed to for use by the student by the student's IEP team or
Page 3, Line 17section 504 team; and is used in accordance with the student's IEP or section 504 plan;
Page 3, Line 18(b) A protective device that is used to prevent a student
Page 3, Line 19from self-harm, is agreed to for use by the student by the
Page 3, Line 20student's IEP team or section 504 team, and is used in accordance
Page 3, Line 21with the student's IEP or section 504 plan. The protective device may include a helmet or mitts.
Page 4, Line 1(c) An adaptive device that is used to facilitate
Page 4, Line 2instruction or therapy for the student that is recommended for
Page 4, Line 3the student by a physician, occupational therapist, or physical
Page 4, Line 4therapist; is agreed to for use by the student by the student's
Page 4, Line 5IEP team or section 504 team; and is used in accordance with the student's IEP or section 504 plan; or
Page 4, Line 6(d) A positioning or securing device that is used to
Page 4, Line 7facilitate the student's medical treatment that is recommended
Page 4, Line 8for the student by a physician, occupational therapist, or
Page 4, Line 9physical therapist; is agreed to for use by the student by the
Page 4, Line 10student's IEP team or section 504 team; and is used in accordance with the student's IEP or section 504 plan.
Page 4, Line 11(7) "Physical restraint" means the use of bodily, physical
Page 4, Line 12force to limit a student's voluntary freedom of movement for
Page 4, Line 13more than one minute; except that "physical restraint" does not include:
Page 4, Line 14(a) A physical intervention of a student administered by
Page 4, Line 15a local education provider's employee for one minute or less for the protection of a student, others, or property;
Page 4, Line 16(b) The holding of a student by an adult for the purpose of calming or comforting the student;
Page 4, Line 17(c) Minimal physical contact for the purpose of safely escorting a student from one place to another; or
Page 4, Line 18(d) Minimal physical contact for the purpose of assisting a student with a task or response.
Page 4, Line 19(8) "Prone restraint" means a restraint in which the
Page 5, Line 1student who is being restrained is secured in a face-down position.
Page 5, Line 2(9) "Restraint" means a method or device that is used to
Page 5, Line 3limit a student's voluntary freedom of movement. "Restraint"
Page 5, Line 4includes seclusion, chemical restraint, mechanical restraint,
Page 5, Line 5and physical restraint. "Restraint" does not include the holding
Page 5, Line 6of an individual for less than one minute by an adult for protection of the individual or other persons.
Page 5, Line 7(10) (a) "Seclusion" means the placement of an individual
Page 5, Line 8alone in a room or area from which egress is prevented. "Seclusion" is a form of restraint.
Page 5, Line 9(b) "Seclusion" does not include a time-out, which is the
Page 5, Line 10removal of a student from a potentially rewarding situation, or
Page 5, Line 11from a situation that would otherwise produce negative reinforcement. A time-out does not prevent a student's egress.
Page 5, Line 12(11) "Section 504 plan" has the same meaning as set forth in section 22-20-123 (2).
Page 5, Line 13(12) "Section 504 team" has the same meaning as set forth in section 22-20-123 (2).
Page 5, Line 1422-15.5-103. Prohibit restraint - exceptions. (1) Except as
Page 5, Line 15provided pursuant to this article 15.5, the use of a restraint on
Page 5, Line 16a student of a local education provider is prohibited when the
Page 5, Line 17student is on the property of the local education provider or is
Page 5, Line 18participating in an off-campus activity or event sponsored by the local education provider.
Page 5, Line 19(2) The prohibition described in subsection (1) of this
Page 5, Line 20section does not apply to:
Page 6, Line 1(a) The use of mechanical, physical, or prone restraints on
Page 6, Line 2a student enrolled in a local education provider who openly displays a deadly weapon, as defined in section 18-1-901;
Page 6, Line 3(b) The use of mechanical or prone restraints by an armed
Page 6, Line 4security officer or a certified peace officer working in a local education provider's facilities when the officer:
Page 6, Line 5(I) Has received documented training in defensive tactics utilizing handcuffing procedures;
Page 6, Line 6(II) Has received documented training in restraint tactics utilizing prone restraint; and
Page 6, Line 7(III) Has made a referral to a law enforcement agency and is making an arrest;
Page 6, Line 8(c) The use of mechanical, physical, or prone restraints by
Page 6, Line 9a school resource officer or a law enforcement officer acting
Page 6, Line 10in the officer's official capacity on the local education
Page 6, Line 11provider's property, in a local education provider's vehicle, or
Page 6, Line 12at an activity or event sponsored by the local education
Page 6, Line 13provider if there is a danger to the student or others or during a custodial arrest that requires transport; and
Page 6, Line 14(d) (I) The use of a physical restraint or seclusion in an emergency after the failure of less restrictive alternatives; or
Page 6, Line 15(II) The use of a physical restraint or seclusion in an
Page 6, Line 16emergency after a determination that less restrictive
Page 6, Line 17alternatives would be inappropriate or ineffective during the emergency.
Page 6, Line 18(3) If a local education provider uses a room for seclusion
Page 6, Line 19as a type of restraint, there must be at least one window to
Page 7, Line 1monitor the student when the door is closed. If a window is not
Page 7, Line 2feasible, monitoring must be with a video camera. A student
Page 7, Line 3placed in seclusion must be continually monitored. The room
Page 7, Line 4must be a safe space free of injurious items. The room used for
Page 7, Line 5seclusion must not be a room that is used by school staff for storage, custodial purposes, or office space.
Page 7, Line 6(4) (a) A local education provider that, or local
Page 7, Line 7education provider's employee or agent who, uses restraint shall use the restraint:
Page 7, Line 8(I) Only for the purpose of preventing the continuation or
Page 7, Line 9renewal of the appropriate circumstances described in subsection (2) of this section for the incident;
Page 7, Line 10(II) Only for the period of time necessary to accomplish its purpose; and
Page 7, Line 11(III) In the case of physical restraint, only if no more
Page 7, Line 12force than is necessary to limit the individual's freedom of movement is used.
Page 7, Line 13(b) If property damage may be involved, restraint may
Page 7, Line 14only be used when the destruction of property would result in
Page 7, Line 15a serious, probable, imminent threat of bodily harm to self or
Page 7, Line 16others and when there is the present ability to effect such bodily harm.
Page 7, Line 17(5) A local education provider, or local education provider's employee or agent, shall not use a restraint as a:
Page 7, Line 18(a) Form of punishment or disciplinary sanction;
Page 7, Line 19(b) Part of a treatment plan or behavior modification
Page 7, Line 20plan; or
(c) Form of retaliation.
Page 8, Line 122-15.5-104. General duties relating to use of restraint. (1) A
Page 8, Line 2local education provider that, or a local education provider's employee or agent who, uses a restraint shall ensure that:
Page 8, Line 3(a) A physical restraint of a student does not place excess
Page 8, Line 4pressure on the chest or back of the student or inhibit or impede the student's ability to breathe; and
Page 8, Line 5(b) During the physical restraint of a student, the student's breathing is not compromised.
Page 8, Line 6(2) A local education provider's employee or agent shall
Page 8, Line 7provide the student relief periods from seclusion for reasonable access to toilet facilities.
Page 8, Line 8(3) A local education provider's employee or agent shall
Page 8, Line 9release the student in physical restraint within fifteen minutes
Page 8, Line 10after the initiation of the physical restraint, except when it would be unsafe to do so.
Page 8, Line 1122-15.5-105. Training concerning the use of restraint. (1) A
Page 8, Line 12local education provider that uses restraint shall ensure that
Page 8, Line 13employees and agents who are involved in using restraint in its
Page 8, Line 14facilities or programs are trained in the appropriate use of restraint.
Page 8, Line 15(2) A local education provider that uses restraint shall
Page 8, Line 16ensure that all employees and agents who are involved in using
Page 8, Line 17restraint in its facilities or programs are trained to explain the
Page 8, Line 18use of restraint to the student who is to be restrained and to the student's family.
Page 8, Line 1922-15.5-106. Documentation requirements for restraint. (1) A
Page 9, Line 1local education provider shall require its employee or agent
Page 9, Line 2who uses a restraint on a student to submit a written report of
Page 9, Line 3the incident to the local education provider no later than one school day after the incident occurred.
Page 9, Line 4(2) No later than July 1, 2025, each local education
Page 9, Line 5provider shall establish a review process, at least annually,
Page 9, Line 6and document the results of each review process in writing. The
Page 9, Line 7purpose of each annual review process is to ensure that the
Page 9, Line 8local education provider is properly administering restraint,
Page 9, Line 9minimizing and preventing the use of restraint by increasing the
Page 9, Line 10use of positive behavior interventions, and reducing the
Page 9, Line 11incidence of injury to students, employees, and agents. Each annual review process must include, but is not limited to:
Page 9, Line 12(a) Analysis of incident reports, including consideration
Page 9, Line 13of procedures used during the restraint, preventive or
Page 9, Line 14alternative techniques attempted, documentation, and follow-up;
Page 9, Line 15(b) Training needs of staff;
(c) Staff-to-student ratios;
Page 9, Line 16(d) Environmental considerations, including physical space, student seating arrangements, and noise levels.
Page 9, Line 17(3) If aphysical restraint is used for more than one
Page 9, Line 18minute but less than five minutes, the local education provider
Page 9, Line 19shall provide written notice on the day of the restraint to the
Page 9, Line 20parent or legal guardian of the student. The written notice
Page 9, Line 21must include the date, the name of the student, and the number
Page 9, Line 22of restraints used that day that lasted between one and five minutes.
Page 10, Line 1(4) If a physical restraint is used for five minutes or more,
Page 10, Line 2or if the student is placed in seclusion for any length of time,
Page 10, Line 3the local education provider shall mail or email a written
Page 10, Line 4report of the incident to the parent or legal guardian of the
Page 10, Line 5student not more than five calendar days after the use of the
Page 10, Line 6restraint on the student. The written report must be placed in the student's confidential file and include:
Page 10, Line 7(a) The antecedent of the student's behavior, if known;
(b) A description of the incident;
Page 10, Line 8(c) Any efforts made to de-escalate the situation;
Page 10, Line 9(d) Any alternatives to the use of restraints that were attempted;
Page 10, Line 10(e) The type and duration of the restraint used;
(f) Any injuries that occurred; and
Page 10, Line 11(g) The names of the local education provider's employees
Page 10, Line 12or agents who were present and employees and agents who were involved in administering the restraint.
Page 10, Line 13(5) No later than June 30, 2026, and no later than every
Page 10, Line 14June 30 thereafter, each local education provider shall submit
Page 10, Line 15in a report to the department of education pursuant to section
Page 10, Line 1622-1-138, the information from the annual review conducted
Page 10, Line 17pursuant to subsection (2) of this section and the following data:
Page 10, Line 18(a) The total number of physical restraints lasting more than one minute but less than five minutes;
Page 10, Line 19(b) The total number of physical restraints lasting five or more minutes;
Page 11, Line 1(c) The total number of seclusions;
Page 11, Line 2(d) The total number of students who experienced at least
Page 11, Line 3one physical restraint lasting more than one minute but less than five minutes;
Page 11, Line 4(e) The total number of students who experienced at least one physical restraint lasting five minutes or more; and
Page 11, Line 5(f) The total number of students who experienced at least one seclusion.
Page 11, Line 6(6) If there is a reasonable probability that a physical
Page 11, Line 7restraint or seclusion may be used on a specific student, the
Page 11, Line 8local education provider shall provide written notice to the
Page 11, Line 9parent or legal guardian of the student, and to the student, if
Page 11, Line 10appropriate, regarding physical restraint or seclusion
Page 11, Line 11procedures that may be used, the circumstances in which
Page 11, Line 12physical restraint or seclusion may be used, and the local
Page 11, Line 13education provider's employees or agents who may be involved.
Page 11, Line 14The local education provider shall meet with a parent or legal
Page 11, Line 15guardian who received a written notice pursuant to this
Page 11, Line 16subsection (6) and requests a meeting to discuss the written notice.
Page 11, Line 17(7) The department of education shall make training
Page 11, Line 18available to local education providers and local education
Page 11, Line 19providers' employees and agents on the requirements of this
Page 11, Line 20article 15.5 and on the state board of education's corresponding rules for administration.
Page 11, Line 21(8) The department of education has enforcement
Page 12, Line 1authority over restraint investigation decisions. This
Page 12, Line 2enforcement authority must follow the same procedures
Page 12, Line 3outlined for state complaints under the federal "Individuals
Page 12, Line 4with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., and the department's state-level complaint procedures.
Page 12, Line 522-15.5-107. Rules. (1) No later than January 1, 2026, the
Page 12, Line 6state board of education shall adopt, amend, or repeal rules as necessary to reflect this article 15.5.
Page 12, Line 7(2) The state board of education shall adopt rules
Page 12, Line 8establishing a process by which a student, a student's parent or
Page 12, Line 9legal guardian, or a third party on behalf of a student or
Page 12, Line 10student's parent or legal guardian may formally complain
Page 12, Line 11about the use of restraint by a local education provider's
Page 12, Line 12employee or agent. To the extent practicable, the rules must
Page 12, Line 13detail the process for filing a state complaint under the federal
Page 12, Line 14"Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.
Page 12, Line 15(3) The state board of education may adopt rules
Page 12, Line 16regarding the use of restraint and seclusion consistent with the provisions of this article 15.5.
Page 12, Line 1722-15.5-108. Limitations. (1) Nothing in this article 15.5
Page 12, Line 18forms an independent basis of statutory authority for using restraint.
Page 12, Line 19(2) Nothing in this article 15.5 authorizes a local
Page 12, Line 20education provider to implement policies, procedures, or
Page 12, Line 21standards, or authorizes the department of education to adopt
Page 12, Line 22rules that would limit, decrease, or adversely impact any
Page 13, Line 1policies, procedures, standards, rules, or ordinances that
Page 13, Line 2provide greater protection concerning the use of restraint than is described in this article 15.5.
Page 13, Line 3(3) This article 15.5 does not prohibit transportation
Page 13, Line 4provided by the local education provider from having seat
Page 13, Line 5belts, harnesses, car seats, or other devices for passenger safety.
Page 13, Line 6SECTION 2. In Colorado Revised Statutes, 22-1-139, amend (1)(b)(VII) as follows:
Page 13, Line 722-1-139. Accessible district profile reports - school climate
Page 13, Line 8reports and surveys - reporting - definition. (1) (b) The profile reports must include, but are not limited to:
Page 13, Line 9(VII) The number of students
physicallyPage 13, Line 10SECTION 3. In Colorado Revised Statutes, 22-32-109.1, amend
Page 13, Line 11(2)(a)(I) introductory portion, (2)(a)(I)(L), and (2)(b)(IV) introductory portion as follows:
Page 13, Line 1222-32-109.1. Board of education - specific powers and duties
Page 13, Line 13- safe school plan - conduct and discipline code - safe school reporting
Page 13, Line 14requirements - school response framework - school resource officers
Page 13, Line 15- definitions. (2) Safe school plan. To provide a learning environment
Page 13, Line 16that is safe, conducive to the learning process, and free from unnecessary
Page 13, Line 17disruption, each school district board of education or institute charter
Page 13, Line 18school board for a charter school authorized by the charter school institute
Page 13, Line 19shall, following consultation with the school district accountability
Page 13, Line 20committee and school accountability committees, parents, teachers,
Page 13, Line 21administrators, students, student councils where available, and, where
Page 13, Line 22appropriate, the community at large, adopt and implement a safe school
Page 14, Line 1plan, or review and revise, as necessary in response to any relevant data
Page 14, Line 2collected by the school district, any existing plans or policies already in
Page 14, Line 3effect. In addition to the aforementioned parties, each school district
Page 14, Line 4board of education, in adopting and implementing its safe school plan,
Page 14, Line 5may consult with victims' advocacy organizations, school psychologists,
Page 14, Line 6local law enforcement, and community partners. The plan, at a minimum, must include the following:
Page 14, Line 7(a) Conduct and discipline code. (I) A concisely written conduct
Page 14, Line 8and discipline code that must be enforced uniformly, fairly, and
Page 14, Line 9consistently for all students. Copies of the code
shallPage 14, Line 10to each student upon enrollment at the preschool, elementary, middle, and
Page 14, Line 11high school levels and be posted or kept on file at each public school in
Page 14, Line 12the school district. The school district shall take reasonable measures to
Page 14, Line 13ensure 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 14, Line 14(L) Information concerning the school district's policies for the
Page 14, Line 15use of restraint and seclusion on students, including a reference to
sectionPage 14, Line 16
26-20-111Page 14, Line 17Seclusion Act", article 15.5 of this title 22, and information
Page 14, Line 18concerning the process for filing a complaint regarding the use of restraint
Page 14, Line 19or seclusion, as such process is set forth by rule of the state board pursuant to
section 22-32-147Page 14, Line 20(b) Safe school reporting requirements. A policy whereby the
Page 14, Line 21principal of each public school in a school district is required to submit
Page 14, Line 22annually, in a manner and by a date specified by rule of the state board,
Page 14, Line 23and in accordance with standardized methods and any revised reporting
Page 14, Line 24categories identified and adopted through the stakeholder process set
Page 15, Line 1forth in section 22-1-138, a written report to the board of education of the
Page 15, Line 2school district concerning the learning environment in the school during
Page 15, Line 3that school year. The board of education of the school district shall
Page 15, Line 4annually compile the reports from every school in the district and submit
Page 15, Line 5the compiled report to the department of education in a format specified
Page 15, Line 6by rule of the state board. The compiled report must be easily accessible
Page 15, Line 7by the general public through a link on the department of education's
Page 15, Line 8website home page. The report must include, but need not be limited to,
Page 15, Line 9the following specific information for the preceding school year,
Page 15, Line 10including any disciplinary incident specified in subsection (2)(b)(IV)(E)
Page 15, Line 11or (2)(b)(IV)(K) of this section that requires additional reporting on the incident:
Page 15, Line 12(IV) The number of conduct and discipline code violations. Each
Page 15, Line 13violation must be reported only in the most serious category that is
Page 15, Line 14applicable to that violation, including, but not limited to, specific
Page 15, Line 15information identifying the number of violations; the location of the
Page 15, Line 16violation, including whether the violation occurred on the
Page 15, Line 17local education provider's property, off the local education
Page 15, Line 18provider's property, or at a school sanctioned event; and the action taken with respect to each of the following types of violations:
Page 15, Line 19SECTION 4. In Colorado Revised Statutes, 26-20-102, amend
Page 15, Line 20(1)(a)(III), (6) introductory portion, and (6)(c); repeal (1)(a)(VI); and add (1)(b)(V) as follows:
Page 15, Line 2126-20-102. Definitions. As used in this article 20, unless the context otherwise requires:
Page 15, Line 22(1) (a) "Agency" means:
Page 15, Line 23(III) Any public or private entity that has entered into a contract
Page 16, Line 1for services with an entity described in subsection (1)(a)(I) or (1)(a)(II)
or (1)(a)(VI)Page 16, Line 2(VI)
Any school district, including any school or charter school ofPage 16, Line 3
a school district, and the state charter school institute established in section 22-30.5-503, including any institute charter school.Page 16, Line 4(b) "Agency" does not include:
Page 16, Line 5(V) A local education provider, as defined pursuant to section 22-15.5-102.
Page 16, Line 6(6) "Restraint" means any method or device used to involuntarily
Page 16, Line 7limit freedom of movement, including bodily physical force, mechanical
Page 16, Line 8devices, or chemicals. Restraint must not be used as a form of discipline
Page 16, Line 9or to gain compliance.
from a studentPage 16, Line 10involved, restraint may only be used when the destruction of property
Page 16, Line 11could possibly result in bodily harm to the individual or another person.
Page 16, Line 12"Restraint" includes chemical restraint, mechanical restraint, and physical restraint. "Restraint" does not include:
Page 16, Line 13(c) The holding of an individual for less than one minute by a staff
Page 16, Line 14person for protection of the individual or other persons;
except thatPage 16, Line 15
nothing in this subsection (6)(c) may be interpreted to permit the holdingPage 16, Line 16
of a public school student in a prone position, except as described in section 26-20-111 (2), (3), or (4);Page 16, Line 17SECTION 5. In Colorado Revised Statutes, repeal 22-30.5-528, 22-32-147, and 26-20-111.
Page 16, Line 18SECTION 6. Safety clause. The general assembly finds,
Page 16, Line 19determines, and declares that this act is necessary for the immediate
Page 16, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 17, Line 1the support and maintenance of the departments of the state and state institutions.