Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0200.01 Jacob Baus x2173
HOUSE BILL 24-1167
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PR OHIBIT STUDENT SECLUSION . 101
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 requires the state board to create and maintain a resource
HOUSE SPONSORSHIP
English,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. bank of materials regarding alternatives to seclusion and restraints for
schools and school personnel to employ.
The bill amends existing reporting requirements to ensure
incidents of seclusion are reported.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 26-20-111, amend2
(1)(a) and (6); repeal (5); and add (8.5) as follows:3
26-20-111. Use of restraints in public schools - certain4
restraints prohibited - seclusion prohibited - repeal. (1) Except as5
provided otherwise in this section, and notwithstanding any other6
provision of this article 20:7
(a) The use of
SECLUSION OR a chemical, mechanical, or prone8
restraint upon a student of a school of a school district, charter school of9
a school district, or institute charter school is prohibited when the student10
is on the property of any agency or is participating in an off-campus,11
school-sponsored activity or event; and12
(5) If a school district, charter school of a school district, or
13
institute charter school uses a seclusion room, there must be at least one14
window for monitoring when the door is closed. If a window is not15
feasible, monitoring must be possible through a video camera. A student16
placed in a seclusion room must be continually monitored. The room must17
be a safe space free of injurious items. The seclusion room must not be18
a room that is used by school staff for storage, custodial, or office space.19
(6) Nothing in this section prohibits school personnel from taking20
any lawful actions necessary, including seclusion or restraint, when and21
where necessary to keep students and staff safe from harm during an22
emergency, as defined by rule of the state board RULE. School personnel23
HB24-1167-2- shall comply with all documentation and reporting requirements, even in1
the case of an emergency.2
(8.5) (a) A
S SOON AS PRACTICABLE , BUT NOT LATER THAN3
N
OVEMBER 1, 2024, THE STATE BOARD SHALL PROMULGATE , AMEND, OR4
REPEAL RULES AS NECESSARY TO REFLECT THE PROHIBITION OF THE USE OF5
SECLUSION.6
(b) T
HIS SUBSECTION (8.5) IS REPEALED, EFFECTIVE JULY 1, 2026.7
SECTION 2. In Colorado Revised Statutes, 22-1-139, amend8
(1)(b)(VIII) as follows:9
22-1-139. Accessible district profile reports - school climate10
reports and surveys - reporting - definition. (1) (b) The profile reports11
must include, but are not limited to:12
(VIII) The number of students placed in seclusion,
EVEN THOUGH13
SECLUSION IS PROHIBITED PURSUANT TO SECTION 26-20-111.14
SECTION 3. In Colorado Revised Statutes, add 22-2-149 as15
follows:16
22-2-149. Seclusion and restraint alternatives - resource bank.17
(1) O
N OR BEFORE JULY 1, 2025, THE STATE BOARD SHALL CREATE AND18
MAINTAIN A RESOURCE BANK OF MATERIALS REGARDING APPROPRIATE19
ALTERNATIVES TO SECLUSION AND RESTRAINTS TO ASSIST SC HOOL20
PERSONNEL WITH APPROPRIATE RESPONSES TO BEHAVIORS , CONSISTENT21
WITH THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT AND22
S
ECLUSION ACT", ARTICLE 20 OF TITLE 26. THE DEPARTMENT SHALL23
PUBLISH THE RESOURCE BANK ON ITS WEBSITE AND MAKE IT AVAILABLE24
TO THE PUBLIC.25
(2) I
N COMPILING MATERIALS FOR THE RESOURCE BANK , THE STATE26
BOARD AND THE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS ,27
HB24-1167
-3- INCLUDING, BUT NOT LIMITED TO, A REPRESENTATIVE OF SCHOOL DISTRICT1
ADMINISTRATORS, A REPRESENTATIVE OF A STATEWIDE ORGANIZATION2
REPRESENTING SPECIAL EDUCATION DIRECTORS , AND A MEMBER OF A3
DISABILITY RIGHTS ORGANIZATION.4
SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend5
(2), (3)(a), (3)(b) introductory portion, (3)(c) introductory portion,6
(3)(c)(IV), (3)(c)(VII), and (3)(d); and add (1)(f) and (3)(c)(V.5) as7
follows:8
22-30.5-528. Institute charter schools - use of restraints on9
students - certain restraints prohibited - seclusion prohibited -10
reports and review process - complaints and investigations - rules -11
definitions. (1) As used in this section, unless the context otherwise12
requires:13
(f) "S
ECLUSION" HAS THE SAME MEANING AS SET FORTH IN14
SECTION 26-20-102 (7).15
(2) The "Protection of Individuals from Restraint and Seclusion16
Act", sections 26-20-101 to 26-20-111
ARTICLE 20 OF TITLE 26, sets forth17
the key definitions and prohibitions PARAMETERS on the use of restraints,18
including the
CRITERIA FOR THE use of restraints AND THE PROHIBITION ON19
THE USE OF SECLUSION on students, described in section 26-20-111.20
(3) (a) On and after August 9, 2017
JULY 1, 2024, each institute21
charter school shall require any school employee or volunteer who uses22
any type of restraint
OR SECLUSION on a student of the institute charter23
school to submit a written report of the incident to the institute charter24
school's administration not later than one school day after the incident25
occurred.26
(b) On and after August 9, 2017
JULY 1, 2024, each institute27
HB24-1167
-4- charter school shall establish a review process, conduct the review1
process at least annually, and document the results of each review process2
in writing. Each annual review process must include a review of each3
incident in which restraint
OR SECLUSION was used on a student during the4
preceding year. The purpose of each annual review process is to ensure5
that the institute charter school is properly administering restraint,6
identifying additional training needs, minimizing and preventing the use7
of restraint by increasing the use of positive behavior interventions,8
PROHIBITING THE USE OF SECLUSION, and reducing the incidence of injury9
to students and staff. Each annual review process must include but is not10
limited to:11
(c) Not more than five calendar days after the use of restraint
OR12
SECLUSION on a student, the school administration shall mail, fax, or13
e-mail a written report of the incident to the parent or legal guardian of14
the student. The written report must be placed in the student's confidential15
file and include:16
(IV) Any alternatives to the use of restraints
OR SECLUSION that17
were attempted;18
(V.5) T
HE DURATION OF THE SECLUSION;19
(VII) The staff members who were present and staff members20
who were involved in administering the restraint
OR SECLUSION.21
(d) The department of education has enforcement authority over22
the restraint investigation decisions
AND SECLUSION INVESTIGATION23
DECISIONS. This enforcement authority must follow the same procedures24
outlined for state complaints under the federal "Individuals with25
Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and26
the department's state-level complaint procedures.27
HB24-1167
-5- SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend1
(2)(a)(I) introductory portion and (2)(a)(I)(L) as follows:2
22-32-109.1. Board of education - specific powers and duties3
- safe school plan - conduct and discipline code - safe school reporting4
requirements - school response framework - school resource officers5
- definitions. (2) Safe school plan. To provide a learning environment6
that is safe, conducive to the learning process, and free from unnecessary7
disruption, each school district board of education or institute charter8
school board for a charter school authorized by the charter school institute9
shall, following consultation with the school district accountability10
committee and school accountability committees, parents, teachers,11
administrators, students, student councils where available, and, where12
appropriate, the community at large, adopt and implement a safe school13
plan, or review and revise, as necessary in response to any relevant data14
collected by the school district, any existing plans or policies already in15
effect. In addition to the aforementioned parties, each school district16
board of education, in adopting and implementing its safe school plan,17
may consult with victims' advocacy organizations, school psychologists,18
local law enforcement, and community partners. The plan, at a minimum,19
must include the following:20
(a) Conduct and discipline code. (I) A concisely written conduct21
and discipline code that must be enforced uniformly, fairly, and22
consistently for all students. Copies of the code shall MUST be provided23
to each student upon enrollment at the preschool, elementary, middle, and24
high school levels and be posted or kept on file at each public school in25
the school district. The school district shall take reasonable measures to26
ensure that each student of each public school in the school district is27
HB24-1167
-6- familiar with the code. The code must include, but need not be limited to:1
(L) Information concerning the school district's policies for the2
use of restraint and
PROHIBITED USE OF seclusion on students, including3
a reference to section 26-20-111 and information concerning the process4
for filing a complaint regarding the use of restraint or
PROHIBITED USE OF5
seclusion, as such process is set forth by rule of the state board pursuant6
to section 22-32-147.7
SECTION 6. In Colorado Revised Statutes, 22-32-147, amend8
(2), (3)(a), (3)(b) introductory portion, (3)(c) introductory portion,9
(3)(c)(IV), (3)(c)(VII), and (6); and add (1)(f) and (3)(c)(V.5) as follows:10
22-32-147. Use of restraints on students - certain restraints11
prohibited - reports and review process - rules - definitions. (1) As12
used in this section, unless the context otherwise requires:13
(f) "S
ECLUSION" HAS THE SAME MEANING AS SET FORTH IN14
SECTION 26-20-102 (7).15
(2) Pursuant to section 26-20-111, the use of
SECLUSION OR a16
chemical, mechanical, or prone restraint upon a student in a school or17
charter school of a school district or board of cooperative services is18
prohibited.19
(3) (a) On and after August 9, 2017
JULY 1, 2024, each school20
district shall require any school employee or volunteer who uses any type21
of restraint
OR SECLUSION on a student of the school district to submit a22
written report of the incident to the administration of the school not later23
than one school day after the incident occurred.24
(b) On and after August 9, 2017
JULY 1, 2024, each school district25
shall establish a review process, conduct the review process at least26
annually, and document the results of each review process in writing.27
HB24-1167
-7- Each annual review process must include a review of each incident in1
which restraint
OR SECLUSION was used on a student during the preceding2
year. The purpose of each annual review process is to ensure that the3
school district is properly administering restraint, identifying additional4
training needs, minimizing and preventing the use of restraint by5
increasing the use of positive behavior interventions,
PROHIBITING THE6
USE OF SECLUSION, and reducing the incidence of injury to students and7
staff. Each annual review process must include but is not limited to:8
(c) If a physical restraint is five minutes or more,
OR IF SECLUSION9
OF ANY DURATION IS USED, the school administration shall mail, fax, or10
e-mail a written report of the incident to the parent or legal guardian of11
the student not more than five calendar days after the use of the restraint
12
on the student INCIDENT. The written report must be placed in the13
student's confidential file and include:14
(IV) Any alternatives to the use of restraints
OR SECLUSION that15
were attempted;16
(V.5) T
HE DURATION OF THE SECLUSION;17
(VII) The staff members who were present and staff members18
who were involved in administering the restraint
OR SECLUSION.19
(6) The department of education has enforcement authority over20
the restraint investigation decisions
AND SECLUSION INVESTIGATION21
DECISIONS. This enforcement authority must follow the same procedures22
outlined for state complaints under the federal "Individuals with23
Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and24
the department's state-level complaint procedures.25
SECTION 7. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
HB24-1167
-8- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
HB24-1167
-9-