House Bill 25-1178 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the banning of student seclusion.

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.)

The bill prohibits the use of seclusion on a student of a school district, district charter school, or institute charter school on certain property or while the student is participating in an off-campus, school-sponsored activity or event.

The bill requires the state board of education (state board) to promulgate or amend existing rules to reflect the prohibited use of seclusion.

The bill amends existing reporting requirements to ensure that incidents of seclusion are reported.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 26-20-111, amend (1)(a) and (6); repeal (5); and add (8.5) as follows:

• Page 2, Line 326-20-111.  Use of restraints in public schools - certain

• Page 2, Line 4restraints prohibited - seclusion prohibited - rules - definitions -

• Page 2, Line 5repeal. (1)  Except as provided otherwise in this section, and notwithstanding any other provision of this article 20:

• Page 2, Line 6(a)  The use of seclusion or a chemical, mechanical, or prone

• Page 2, Line 7restraint upon a student of a school of a school district, charter school of

• Page 2, Line 8a school district, or institute charter school is prohibited when the student

• Page 2, Line 9is on the property of any agency or is participating in an off-campus, school-sponsored activity or event; and

• Page 2, Line 10(5)  If a school district, charter school of a school district, or

• Page 2, Line 11institute charter school uses a seclusion room, there must be at least one

• Page 2, Line 12window for monitoring when the door is closed. If a window is not

• Page 2, Line 13feasible, monitoring must be possible through a video camera. A student

• Page 2, Line 14placed in a seclusion room must be continually monitored. The room must

• Page 2, Line 15be a safe space free of injurious items. The seclusion room must not be a room that is used by school staff for storage, custodial, or office space.

• Page 2, Line 16(6)  Nothing in this section prohibits school personnel from taking

• Page 2, Line 17any lawful actions necessary, including seclusion or restraint, when and

• Page 2, Line 18where necessary to keep students and staff safe from harm during an

• Page 2, Line 19emergency, as defined by rule of the state board rule. School personnel

• Page 2, Line 20shall comply with all documentation and reporting requirements, even in

• Page 2, Line 21the case of an emergency.

• Page 3, Line 1(8.5) (a)  As soon as practicable, but no later than

• Page 3, Line 2November 1, 2025, the state board shall promulgate, amend, or

• Page 3, Line 3repeal rules as necessary to reflect the provisions of subsection (5) of this section.

• Page 3, Line 4(b)  This subsection (8.5) is repealed, effective July 1, 2027.

• Page 3, Line 5SECTION 2.  In Colorado Revised Statutes, 22-1-139, amend (1)(b)(VIII) as follows:

• Page 3, Line 622-1-139.  Accessible district profile reports - school climate

• Page 3, Line 7reports and surveys - reporting - definition. (1) (b)  The profile reports must include, but are not limited to:

• Page 3, Line 8(VIII)  The number of students placed in seclusion, even though seclusion is prohibited pursuant to section 26-20-111.

• Page 3, Line 9SECTION 3.  In Colorado Revised Statutes, 22-30.5-528, amend

• Page 3, Line 10(2), (3)(a), (3)(b) introductory portion, (3)(c) introductory portion,

• Page 3, Line 11(3)(c)(IV), (3)(c)(VII), and (3)(d); and add (1)(f) and (3)(c)(V.5) as follows:

• Page 3, Line 1222-30.5-528.  Institute charter schools - use of restraints on

• Page 3, Line 13students - certain restraints prohibited - seclusion prohibited -

• Page 3, Line 14reports and review process - complaints and investigations - rules -

• Page 3, Line 15definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 3, Line 16(f)  "Seclusion" has the same meaning as set forth in section 26-20-102.

• Page 3, Line 17(2)  The "Protection of Individuals from Restraint and Seclusion

• Page 3, Line 18Act", sections 26-20-101 to 26-20-111, sets forth the key definitions and

• Page 3, Line 19prohibitions on the use of restraints, including the use of restraints on

• Page 3, Line 20students, described in section 26-20-111 The "Protection of

• Page 4, Line 1Individuals from Restraint and Seclusion Act", article 20 of

• Page 4, Line 2title 26, sets forth the definitions and parameters on the use of

• Page 4, Line 3restraints, including the criteria for the use of restraints, and the prohibited use of seclusion on students.

• Page 4, Line 4(3) (a)  On and after August 9, 2017 July 1, 2025, each institute

• Page 4, Line 5charter school shall require any school employee or volunteer who uses

• Page 4, Line 6any type of restraint or seclusion, even though seclusion is

• Page 4, Line 7prohibited pursuant to section 26-20-111, on a student of the institute

• Page 4, Line 8charter school to submit a written report of the incident to the institute

• Page 4, Line 9charter school's administration not later than one school day after the incident occurred.

• Page 4, Line 10(b)  On and after August 9, 2017 July 1, 2025, each institute

• Page 4, Line 11charter school shall establish a review process, conduct the review

• Page 4, Line 12process at least annually, and document the results of each review process

• Page 4, Line 13in writing. Each annual review process must include a review of each

• Page 4, Line 14incident in which restraint or seclusion, even though seclusion is

• Page 4, Line 15prohibited pursuant to section 26-20-111, was used on a student

• Page 4, Line 16during the preceding year. The purpose of each annual review process is

• Page 4, Line 17to ensure that the institute charter school is properly administering

• Page 4, Line 18restraint, identifying additional training needs, minimizing and preventing

• Page 4, Line 19the use of restraint by increasing the use of positive behavior

• Page 4, Line 20interventions, prohibiting the use of seclusion, and reducing the

• Page 4, Line 21incidence of injury to students and staff. Each annual review process must include, but is not limited to:

• Page 4, Line 22(c)  Not more than five calendar days after the use of restraint or

• Page 4, Line 23seclusion, even though seclusion is prohibited pursuant to

• Page 4, Line 24section 26-20-111, on a student, the school administration shall mail,

• Page 5, Line 1fax, or e-mail email a written report of the incident to the parent or legal

• Page 5, Line 2guardian of the student. The written report must be placed in the student's confidential file and include:

• Page 5, Line 3(IV)  Any alternatives to the use of restraints or seclusion that were attempted;

• Page 5, Line 4(V.5)  The duration of the seclusion;

• Page 5, Line 5(VII)  The staff members who were present and staff members who were involved in administering the restraint or seclusion.

• Page 5, Line 6(d)  The department of education has enforcement authority over

• Page 5, Line 7the restraint investigation decisions and seclusion investigation

• Page 5, Line 8decisions. This enforcement authority must follow the same procedures

• Page 5, Line 9outlined for state complaints under the federal "Individuals with

• Page 5, Line 10Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and the department's state-level complaint procedures.

• Page 5, Line 11SECTION 4.  In Colorado Revised Statutes, 22-32-109.1, amend (2)(a)(I) introductory portion and (2)(a)(I)(L) as follows:

• Page 5, Line 1222-32-109.1.  Board of education - specific powers and duties

• Page 5, Line 13- safe school plan - conduct and discipline code - safe school reporting

• Page 5, Line 14requirements - school response framework - school resource officers

• Page 5, Line 15- definitions. (2)  Safe school plan. To provide a learning environment

• Page 5, Line 16that is safe, conducive to the learning process, and free from unnecessary

• Page 5, Line 17disruption, each school district board of education or institute charter

• Page 5, Line 18school board for a charter school authorized by the charter school institute

• Page 5, Line 19shall, following consultation with the school district accountability

• Page 5, Line 20committee and school accountability committees, parents, teachers,

• Page 5, Line 21administrators, students, student councils where available, and, where

• Page 5, Line 22appropriate, the community at large, adopt and implement a safe school

• Page 6, Line 1plan, or review and revise, as necessary in response to any relevant data

• Page 6, Line 2collected by the school district, any existing plans or policies already in

• Page 6, Line 3effect. In addition to the aforementioned parties, each school district

• Page 6, Line 4board of education, in adopting and implementing its safe school plan,

• Page 6, Line 5may consult with victims' advocacy organizations, school psychologists,

• Page 6, Line 6local law enforcement, and community partners. The plan, at a minimum, must include the following:

• Page 6, Line 7(a)  Conduct and discipline code. (I)  A concisely written conduct

• Page 6, Line 8and discipline code that must be enforced uniformly, fairly, and

• Page 6, Line 9consistently for all students. Copies of the code shall must be provided

• Page 6, Line 10to each student upon enrollment at the preschool, elementary, middle, and

• Page 6, Line 11high school levels and be posted or kept on file at each public school in

• Page 6, Line 12the school district. The school district shall take reasonable measures to

• Page 6, 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 6, Line 14(L)  Information concerning the school district's policies for the

• Page 6, Line 15use of restraint and prohibited use of seclusion on students, including

• Page 6, Line 16a reference to section 26-20-111 and information concerning the process

• Page 6, Line 17for filing a complaint regarding the use of restraint or prohibited use of

• Page 6, Line 18seclusion, as such the process is set forth by rule of the state board pursuant to section 22-32-147.

• Page 6, Line 19SECTION 5.  In Colorado Revised Statutes, 22-32-147, amend

• Page 6, Line 20(2), (3)(a), (3)(b) introductory portion, (3)(c) introductory portion, (3)(c)(IV), (3)(c)(VII), and (6); and add (1)(f) and (3)(c)(V.5) as follows:

• Page 6, Line 2122-32-147.  Use of restraints on students - certain restraints

• Page 6, Line 22prohibited - seclusion prohibited - reports and review process - rules

• Page 6, Line 23- definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 7, Line 1(f)  "Seclusion" has the same meaning as set forth in section 26-20-102.

• Page 7, Line 2(2)  Pursuant to section 26-20-111, the use of a chemical,

• Page 7, Line 3mechanical, or prone restraint upon a student in a school or charter school

• Page 7, Line 4of a school district or board of cooperative services is prohibited. The

• Page 7, Line 5"Protection of Individuals from Restraint and Seclusion Act",

• Page 7, Line 6article 20 of title 26, sets forth the definitions and parameters

• Page 7, Line 7on the use of restraints, including the criteria for the use of restraints, and the prohibited use of seclusion on students.

• Page 7, Line 8(3) (a)  On and after August 9, 2017 July 1, 2025, each school

• Page 7, Line 9district shall require any school employee or volunteer who uses any type

• Page 7, Line 10of restraint or seclusion on a student of the school district to submit a

• Page 7, Line 11written report of the incident to the administration of the school not later than one school day after the incident occurred.

• Page 7, Line 12(b)  On and after August 9, 2017 July 1, 2025, each school district

• Page 7, Line 13shall establish a review process, conduct the review process at least

• Page 7, Line 14annually, and document the results of each review process in writing.

• Page 7, Line 15Each annual review process must include a review of each incident in

• Page 7, Line 16which restraint or seclusion, even though seclusion is prohibited

• Page 7, Line 17pursuant to section 26-20-111, was used on a student during the

• Page 7, Line 18preceding year. The purpose of each annual review process is to ensure

• Page 7, Line 19that the school district is properly administering restraint, identifying

• Page 7, Line 20additional training needs, minimizing and preventing the use of restraint

• Page 7, Line 21by increasing the use of positive behavior interventions, prohibiting the

• Page 7, Line 22use of seclusion, and reducing the incidence of injury to students and

• Page 7, Line 23staff. Each annual review process must include, but is not limited to:

• Page 8, Line 1(c)  If a physical restraint is five minutes or more, or if seclusion,

• Page 8, Line 2even though seclusion is prohibited pursuant to section 26-20-111

• Page 8, Line 3of any duration is used, the school administration shall mail, fax, or

• Page 8, Line 4e-mail email a written report of the incident to the parent or legal

• Page 8, Line 5guardian of the student not more than five calendar days after the use of

• Page 8, Line 6the restraint on the student incident. The written report must be placed in the student's confidential file and include:

• Page 8, Line 7(IV)  Any alternatives to the use of restraints or seclusion that were attempted;

• Page 8, Line 8(V.5)  The duration of the seclusion;

• Page 8, Line 9(VII)  The staff members who were present and staff members who were involved in administering the restraint or seclusion.

• Page 8, Line 10(6)  The department of education has enforcement authority over

• Page 8, Line 11the restraint investigation decisions and seclusion investigation

• Page 8, Line 12decisions. This enforcement authority must follow the same procedures

• Page 8, Line 13outlined for state complaints under the federal "Individuals with

• Page 8, Line 14Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and the department's state-level complaint procedures.

• Page 8, Line 15SECTION 6.  Safety clause. The general assembly finds,

• Page 8, Line 16determines, and declares that this act is necessary for the immediate

• Page 8, Line 17preservation of the public peace, health, or safety or for appropriations for

• Page 8, Line 18the support and maintenance of the departments of the state and state institutions.