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,
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 by
Page 3, Line 17the student's section 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 administered on a student
Page 4, Line 15that lasts 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, and physical restraint.
Page 5, Line 5(10) (a) "Seclusion" means the placement of an individual
Page 5, Line 6alone in a room or area from which egress is prevented. "Seclusion" is a form of restraint.
Page 5, Line 7(b) "Seclusion" does not include a time-out, which is the
Page 5, Line 8removal of a student from a potentially rewarding situation, or
Page 5, Line 9from a situation that would otherwise produce negative reinforcement. A time-out does not prevent a student's egress.
Page 5, Line 10(11) "Section 504 plan" has the same meaning as set forth in section 22-20-123 (2).
Page 5, Line 11(12) "Section 504 team" has the same meaning as set forth in section 22-20-123 (2).
Page 5, Line 1222-15.5-103. Prohibit restraint - exceptions. (1) Except as
Page 5, Line 13provided pursuant to this article 15.5, the use of a restraint on
Page 5, Line 14a student of a local education provider is prohibited when the
Page 5, Line 15student is on the property of the local education provider or is
Page 5, Line 16participating in an off-campus activity or event sponsored by the local education provider.
Page 5, Line 17(2) The prohibition described in subsection (1) of this section does not apply to:
Page 5, Line 18(a) The use of mechanical, physical, or prone restraints on
Page 5, Line 19a student enrolled in a local education provider who openly displays a deadly weapon, as defined in section 18-1-901;
Page 6, Line 1(b) The use of mechanical or prone restraints by an armed
Page 6, Line 2security officer or a certified peace officer working in a local education provider's facilities when the officer:
Page 6, Line 3(I) Has received documented training in defensive tactics utilizing handcuffing procedures;
Page 6, Line 4(II) Has received documented training in restraint tactics utilizing prone restraint; and
Page 6, Line 5(III) Has made a referral to a law enforcement agency and is making an arrest;
Page 6, Line 6(c) The use of mechanical, physical, or prone restraints by
Page 6, Line 7a school resource officer or a law enforcement officer acting
Page 6, Line 8in the officer's official capacity on the local education
Page 6, Line 9provider's property, in a local education provider's vehicle, or
Page 6, Line 10at an activity or event sponsored by the local education
Page 6, Line 11provider if there is a danger to the student or others or during a custodial arrest that requires transport; and
Page 6, Line 12(d) (I) The use of a physical restraint or seclusion in an emergency after the failure of less restrictive alternatives; or
Page 6, Line 13(II) The use of a physical restraint or seclusion in an
Page 6, Line 14emergency after a determination that less restrictive
Page 6, Line 15alternatives would be inappropriate or ineffective during the emergency.
Page 6, Line 16(3) If a local education provider uses a room for seclusion
Page 6, Line 17as a type of restraint, there must be at least one window to
Page 6, Line 18monitor the student when the door is closed. If a window is not
Page 6, Line 19feasible, monitoring must be with a video camera. A student
Page 7, Line 1placed in seclusion must be continually monitored. The room
Page 7, Line 2must be a safe space free of injurious items. The room used for
Page 7, Line 3seclusion must not be a room that is used by school staff for storage, custodial purposes, or office space.
Page 7, Line 4(4) (a) A local education provider that, or local
Page 7, Line 5education provider's employee or agent who, uses restraint shall use the restraint:
Page 7, Line 6(I) Only for the purpose of preventing the continuation or
Page 7, Line 7renewal of the appropriate circumstances described in subsection (2) of this section for the incident;
Page 7, Line 8(II) Only for the period of time necessary to accomplish its purpose; and
Page 7, Line 9(III) In the case of physical restraint, only if no more
Page 7, Line 10force than is necessary to limit the individual's freedom of movement is used.
Page 7, Line 11(b) If property damage may be involved, restraint may
Page 7, Line 12only be used when the destruction of property would result in
Page 7, Line 13a serious, probable, imminent threat of bodily harm to self or
Page 7, Line 14others and when there is the present ability to effect such bodily harm.
Page 7, Line 15(5) A local education provider, or local education provider's employee or agent, shall not use a restraint as a:
Page 7, Line 16(a) Form of punishment or disciplinary sanction;
Page 7, Line 17(b) Part of a treatment plan or behavior modification plan; or
Page 7, Line 18(c) Form of retaliation.
Page 7, Line 1922-15.5-104. General duties relating to use of restraint. (1) A
Page 8, Line 1local education provider that, or a local education provider's employee or agent who, uses a restraint shall ensure that:
Page 8, Line 2(a) A physical restraint of a student does not place excess
Page 8, Line 3pressure on the chest or back of the student or inhibit or impede the student's ability to breathe; and
Page 8, Line 4(b) During the physical restraint of a student, the student's breathing is not compromised.
Page 8, Line 5(2) A local education provider's employee or agent shall
Page 8, Line 6provide the student relief periods from seclusion for reasonable access to toilet facilities.
Page 8, Line 7(3) A local education provider's employee or agent shall
Page 8, Line 8release the student in physical restraint within fifteen minutes
Page 8, Line 9after the initiation of the physical restraint, except when it would be unsafe to do so.
Page 8, Line 1022-15.5-105. Training concerning the use of restraint. (1) A
Page 8, Line 11local education provider that uses restraint shall ensure that
Page 8, Line 12employees and agents who are involved in using restraint in its
Page 8, Line 13facilities or programs are trained in the appropriate use of restraint.
Page 8, Line 14(2) A local education provider that uses restraint shall
Page 8, Line 15ensure that all employees and agents who are involved in using
Page 8, Line 16restraint in its facilities or programs are trained to explain the
Page 8, Line 17use of restraint to the student who is to be restrained and to the student's family.
Page 8, Line 1822-15.5-106. Documentation requirements for restraint. (1) A
Page 8, Line 19local education provider shall require its employee or agent
Page 8, Line 20who uses a restraint on a student to submit a written report of
Page 9, Line 1the incident to the local education provider no later than one school day after the incident occurred.
Page 9, Line 2(2) No later than July 1, 2025, each local education
Page 9, Line 3provider shall establish a review process, at least annually,
Page 9, Line 4and document the results of each review process in writing. The
Page 9, Line 5purpose of each annual review process is to ensure that the
Page 9, Line 6local education provider is properly administering restraint,
Page 9, Line 7minimizing and preventing the use of restraint by increasing the
Page 9, Line 8use of positive behavior interventions, and reducing the
Page 9, Line 9incidence of injury to students, employees, and agents. Each annual review process must include, but is not limited to:
Page 9, Line 10(a) Analysis of incident reports, including consideration
Page 9, Line 11of procedures used during the restraint, preventive or
Page 9, Line 12alternative techniques attempted, documentation, and follow-up;
Page 9, Line 13(b) Training needs of staff;
(c) Staff-to-student ratios;
Page 9, Line 14(d) Environmental considerations, including physical space, student seating arrangements, and noise levels.
Page 9, Line 15(3) If aphysical restraint is used for more than one minute
Page 9, Line 16but less than five minutes, the local education provider shall
Page 9, Line 17provide written notice on the day of the restraint to the parent
Page 9, Line 18or legal guardian of the student. The written notice must
Page 9, Line 19include the date, the name of the student, and the number of
Page 9, Line 20restraints used that day that lasted between one and five minutes.
Page 9, Line 21(4) If a physical restraint is used for five minutes or more,
Page 10, Line 1or if the student is placed in seclusion for any length of time,
Page 10, Line 2the local education provider shall provide verbal notice on the
Page 10, Line 3day of the physical restraint or seclusion to the parent or legal
Page 10, Line 4guardian of the student and shall mail or email a written
Page 10, Line 5report of the incident to the parent or legal guardian of the
Page 10, Line 6student not more than five calendar days after the use of the
Page 10, Line 7restraint on the student. The written report must be placed in the student's confidential file and include:
Page 10, Line 8(a) The antecedent of the student's behavior, if known;
(b) A description of the incident;
Page 10, Line 9(c) Any efforts made to de-escalate the situation;
Page 10, Line 10(d) Any alternatives to the use of restraints that were attempted;
Page 10, Line 11(e) The type and duration of the restraint used;
(f) Any injuries that occurred;
Page 10, Line 12(g) The names of the local education provider's employees
Page 10, Line 13or agents who were present and employees and agents who were involved in administering the restraint;
Page 10, Line 14(h) The start and end time of the physical restraint or seclusion;
Page 10, Line 15(i) Details concerning the notification provided to the parent or legal guardian; and
Page 10, Line 16(j) For seclusion, details concerning whether the door was opened or closed.
Page 10, Line 17(5) No later than June 30, 2026, and no later than every
Page 10, Line 18June 30 thereafter, each local education provider shall submit
Page 10, Line 19in a report to the department of education pursuant to section
Page 11, Line 122-1-138, the information from the annual review conducted
Page 11, Line 2pursuant to subsection (2) of this section and the following data:
Page 11, Line 3(a) The total number of physical restraints lasting more than one minute but less than five minutes;
Page 11, Line 4(b) The total number of physical restraints lasting five or more minutes;
Page 11, Line 5(c) The total number of seclusions;
Page 11, Line 6(d) The total number of students who experienced at least
Page 11, Line 7one physical restraint lasting more than one minute but less than five minutes;
Page 11, Line 8(e) The total number of students who experienced at least one physical restraint lasting five minutes or more; and
Page 11, Line 9(f) The total number of students who experienced at least one seclusion.
Page 11, Line 10(6) If there is a reasonable probability that a physical
Page 11, Line 11restraint or seclusion may be used on a specific student, the
Page 11, Line 12local education provider shall provide written notice to the
Page 11, Line 13parent or legal guardian of the student, and to the student, if
Page 11, Line 14appropriate, regarding physical restraint or seclusion
Page 11, Line 15procedures that may be used, the circumstances in which
Page 11, Line 16physical restraint or seclusion may be used, and the local
Page 11, Line 17education provider's employees or agents who may be involved.
Page 11, Line 18The local education provider shall meet with a parent or legal
Page 11, Line 19guardian who received a written notice pursuant to this
Page 11, Line 20subsection (6) and requests a meeting to discuss the written
Page 11, Line 21notice.
Page 12, Line 1(7) The department of education shall make training
Page 12, Line 2available to local education providers and local education
Page 12, Line 3providers' employees and agents on the requirements of this
Page 12, Line 4article 15.5 and on the state board of education's corresponding rules for administration.
Page 12, Line 5(8) The department of education has enforcement
Page 12, Line 6authority over restraint investigation decisions. This
Page 12, Line 7enforcement authority must follow the same procedures
Page 12, Line 8outlined for state complaints under the federal "Individuals
Page 12, Line 9with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., and the department's state-level complaint procedures.
Page 12, Line 1022-15.5-107. Rules. (1) No later than January 1, 2026, the
Page 12, Line 11state board of education shall adopt, amend, or repeal rules as necessary to reflect this article 15.5.
Page 12, Line 12(2) The state board of education shall adopt rules
Page 12, Line 13establishing a process by which a student, a student's parent or
Page 12, Line 14legal guardian, or a third party on behalf of a student or
Page 12, Line 15student's parent or legal guardian may formally complain
Page 12, Line 16about the use of restraint by a local education provider's
Page 12, Line 17employee or agent. To the extent practicable, the rules must
Page 12, Line 18detail the process for filing a state complaint under the federal
Page 12, Line 19"Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq.
Page 12, Line 20(3) The state board of education may adopt rules
Page 12, Line 21regarding the use of restraint and seclusion consistent with the
Page 12, Line 22provisions of this article 15.5, including clarifications
Page 12, Line 23concerning safety described in section 22-15.5-104.
Page 13, Line 122-15.5-108. Limitations. (1) Nothing in this article 15.5
Page 13, Line 2forms an independent basis of statutory authority for using restraint.
Page 13, Line 3(2) Nothing in this article 15.5 authorizes a local
Page 13, Line 4education provider to implement policies, procedures, or
Page 13, Line 5standards, or authorizes the department of education to adopt
Page 13, Line 6rules that would limit, decrease, or adversely impact any
Page 13, Line 7policies, procedures, standards, rules, or ordinances that
Page 13, Line 8provide greater protection concerning the use of restraint than is described in this article 15.5.
Page 13, Line 9(3) This article 15.5 does not prohibit transportation
Page 13, Line 10provided by the local education provider from having seat
Page 13, Line 11belts, harnesses, car seats, or other devices for passenger safety.
Page 13, Line 12SECTION 2. In Colorado Revised Statutes, 22-1-139, amend (1)(b)(VII) as follows:
Page 13, Line 1322-1-139. Accessible district profile reports - school climate
Page 13, Line 14reports and surveys - reporting - definition. (1) (b) The profile reports must include, but are not limited to:
Page 13, Line 15(VII) The number of students
physicallyPage 13, Line 16SECTION 3. In Colorado Revised Statutes, 22-32-109.1, amend(2)(a)(I) introductory portion and (2)(a)(I)(L) as follows:
Page 13, Line 1722-32-109.1. Board of education - specific powers and duties
Page 13, Line 18- safe school plan - conduct and discipline code - safe school reporting
Page 13, Line 19requirements - school response framework - school resource officers
Page 13, Line 20- definitions. (2) Safe school plan. To provide a learning environment
Page 13, Line 21that is safe, conducive to the learning process, and free from unnecessary
Page 14, Line 1disruption, each school district board of education or institute charter
Page 14, Line 2school board for a charter school authorized by the charter school institute
Page 14, Line 3shall, following consultation with the school district accountability
Page 14, Line 4committee and school accountability committees, parents, teachers,
Page 14, Line 5administrators, students, student councils where available, and, where
Page 14, Line 6appropriate, the community at large, adopt and implement a safe school
Page 14, Line 7plan, or review and revise, as necessary in response to any relevant data
Page 14, Line 8collected by the school district, any existing plans or policies already in
Page 14, Line 9effect. In addition to the aforementioned parties, each school district
Page 14, Line 10board of education, in adopting and implementing its safe school plan,
Page 14, Line 11may consult with victims' advocacy organizations, school psychologists,
Page 14, Line 12local law enforcement, and community partners. The plan, at a minimum, must include the following:
Page 14, Line 13(a) Conduct and discipline code. (I) A concisely written conduct
Page 14, Line 14and discipline code that must be enforced uniformly, fairly, and
Page 14, Line 15consistently for all students. Copies of the code
shallPage 14, Line 16to each student upon enrollment at the preschool, elementary, middle, and
Page 14, Line 17high school levels and be posted or kept on file at each public school in
Page 14, Line 18the school district. The school district shall take reasonable measures to
Page 14, Line 19ensure 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 20(L) Information concerning the school district's policies for the
Page 14, Line 21use of restraint and seclusion on students, including a reference to
sectionPage 14, Line 22
26-20-111Page 14, Line 23Seclusion Act", article 15.5 of this title 22, and information
Page 14, Line 24concerning the process for filing a complaint regarding the use of restraint
Page 14, Line 25or seclusion, as such process is set forth by rule of the state board pursuant to
section 22-32-147Page 15, Line 2SECTION 4. In Colorado Revised Statutes, 26-20-102, amend
Page 15, Line 3(1)(a)(III), (6) introductory portion, and (6)(c); repeal (1)(a)(VI); and add (1)(b)(V) as follows:
Page 15, Line 426-20-102. Definitions. As used in this article 20, unless the context otherwise requires:
Page 15, Line 5(1) (a) "Agency" means:
Page 15, Line 6(III) Any public or private entity that has entered into a contract
Page 15, Line 7for services with an entity described in subsection (1)(a)(I) or (1)(a)(II)
or (1)(a)(VI)Page 15, Line 8(VI)
Any school district, including any school or charter school ofPage 15, Line 9
a school district, and the state charter school institute established in section 22-30.5-503, including any institute charter school.Page 15, Line 10(b) "Agency" does not include:
Page 15, Line 11(V) A local education provider, as defined pursuant to section 22-15.5-102.
Page 15, Line 12(6) "Restraint" means any method or device used to involuntarily
Page 15, Line 13limit freedom of movement, including bodily physical force, mechanical
Page 15, Line 14devices, or chemicals. Restraint must not be used as a form of discipline
Page 15, Line 15or to gain compliance.
from a studentPage 15, Line 16involved, restraint may only be used when the destruction of property
Page 15, Line 17could possibly result in bodily harm to the individual or another person.
Page 15, Line 18"Restraint" includes chemical restraint, mechanical restraint, and physical restraint. "Restraint" does not include:
Page 15, Line 19(c) The holding of an individual for
less than one minutePage 15, Line 20minute or less by a staff person for protection of the individual or other
Page 16, Line 1persons;
except that nothing in this subsection (6)(c) may be interpretedPage 16, Line 2
to permit the holding of a public school student in a prone position, except as described in section 26-20-111 (2), (3), or (4);Page 16, Line 3SECTION 5. In Colorado Revised Statutes, repeal 22-30.5-528, 22-32-147, and 26-20-111.
Page 16, Line 4SECTION 6. Safety clause. The general assembly finds,
Page 16, Line 5determines, and declares that this act is necessary for the immediate
Page 16, Line 6preservation of the public peace, health, or safety or for appropriations for
Page 16, Line 7the support and maintenance of the departments of the state and state institutions.