Colorado 2024 Regular Session

Colorado House Bill HB1167 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0200.01 Jacob Baus x2173
8	8	HOUSE BILL 24-1167
9	9	House Committees Senate Committees
10	10	Education
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING MEASURES TO PR OHIBIT STUDENT SECLUSION . 101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	The bill prohibits the use of seclusion on a student of a school
22	22	district, district charter school, or institute charter school on certain
23	23	property or while the student is participating in an off-campus,
24	24	school-sponsored activity or event.
25	25	The bill requires the state board of education (state board) to
26	26	promulgate or amend existing rules to reflect the prohibited use of
27	27	seclusion.
28	28	The bill requires the state board to create and maintain a resource
29	29	HOUSE SPONSORSHIP
30	30	English,
31	31	SENATE SPONSORSHIP
32	32	(None),
33	33	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
34	34	Capital letters or bold & italic numbers indicate new material to be added to existing law.
35	35	Dashes through the words or numbers indicate deletions from existing law. bank of materials regarding alternatives to seclusion and restraints for
36	36	schools and school personnel to employ.
37	37	The bill amends existing reporting requirements to ensure
38	38	incidents of seclusion are reported.
39	39	Be it enacted by the General Assembly of the State of Colorado:1
40	40	SECTION 1. In Colorado Revised Statutes, 26-20-111, amend2
41	41	(1)(a) and (6); repeal (5); and add (8.5) as follows:3
42	42	26-20-111. Use of restraints in public schools - certain4
43	43	restraints prohibited - seclusion prohibited - repeal. (1) Except as5
44	44	provided otherwise in this section, and notwithstanding any other6
45	45	provision of this article 20:7
46	46	(a) The use of
47	47	SECLUSION OR a chemical, mechanical, or prone8
48	48	restraint upon a student of a school of a school district, charter school of9
49	49	a school district, or institute charter school is prohibited when the student10
50	50	is on the property of any agency or is participating in an off-campus,11
51	51	school-sponsored activity or event; and12
52	52	(5) If a school district, charter school of a school district, or
53	53	13
54	54	institute charter school uses a seclusion room, there must be at least one14
55	55	window for monitoring when the door is closed. If a window is not15
56	56	feasible, monitoring must be possible through a video camera. A student16
57	57	placed in a seclusion room must be continually monitored. The room must17
58	58	be a safe space free of injurious items. The seclusion room must not be18
59	59	a room that is used by school staff for storage, custodial, or office space.19
60	60	(6) Nothing in this section prohibits school personnel from taking20
61	61	any lawful actions necessary, including seclusion or restraint, when and21
62	62	where necessary to keep students and staff safe from harm during an22
63	63	emergency, as defined by rule of the state board RULE. School personnel23
64	64	HB24-1167-2- shall comply with all documentation and reporting requirements, even in1
65	65	the case of an emergency.2
66	66	(8.5) (a) A
67	67	S SOON AS PRACTICABLE , BUT NOT LATER THAN3
68	68	N
69	69	OVEMBER 1, 2024, THE STATE BOARD SHALL PROMULGATE , AMEND, OR4
70	70	REPEAL RULES AS NECESSARY TO REFLECT THE PROHIBITION OF THE USE OF5
71	71	SECLUSION.6
72	72	(b) T
73	73	HIS SUBSECTION (8.5) IS REPEALED, EFFECTIVE JULY 1, 2026.7
74	74	SECTION 2. In Colorado Revised Statutes, 22-1-139, amend8
75	75	(1)(b)(VIII) as follows:9
76	76	22-1-139. Accessible district profile reports - school climate10
77	77	reports and surveys - reporting - definition. (1) (b) The profile reports11
78	78	must include, but are not limited to:12
79	79	(VIII) The number of students placed in seclusion,
80	80	EVEN THOUGH13
81	81	SECLUSION IS PROHIBITED PURSUANT TO SECTION 26-20-111.14
82	82	SECTION 3. In Colorado Revised Statutes, add 22-2-149 as15
83	83	follows:16
84	84	22-2-149. Seclusion and restraint alternatives - resource bank.17
85	85	(1) O
86	86	N OR BEFORE JULY 1, 2025, THE STATE BOARD SHALL CREATE AND18
87	87	MAINTAIN A RESOURCE BANK OF MATERIALS REGARDING APPROPRIATE19
88	88	ALTERNATIVES TO SECLUSION AND RESTRAINTS TO ASSIST SC HOOL20
89	89	PERSONNEL WITH APPROPRIATE RESPONSES TO BEHAVIORS , CONSISTENT21
90	90	WITH THE "PROTECTION OF INDIVIDUALS FROM RESTRAINT AND22
91	91	S
92	92	ECLUSION ACT", ARTICLE 20 OF TITLE 26. THE DEPARTMENT SHALL23
93	93	PUBLISH THE RESOURCE BANK ON ITS WEBSITE AND MAKE IT AVAILABLE24
94	94	TO THE PUBLIC.25
95	95	(2) I
96	96	N COMPILING MATERIALS FOR THE RESOURCE BANK , THE STATE26
97	97	BOARD AND THE DEPARTMENT SHALL CONSULT WITH STAKEHOLDERS ,27
98	98	HB24-1167
99	99	-3- INCLUDING, BUT NOT LIMITED TO, A REPRESENTATIVE OF SCHOOL DISTRICT1
100	100	ADMINISTRATORS, A REPRESENTATIVE OF A STATEWIDE ORGANIZATION2
101	101	REPRESENTING SPECIAL EDUCATION DIRECTORS , AND A MEMBER OF A3
102	102	DISABILITY RIGHTS ORGANIZATION.4
103	103	SECTION 4. In Colorado Revised Statutes, 22-30.5-528, amend5
104	104	(2), (3)(a), (3)(b) introductory portion, (3)(c) introductory portion,6
105	105	(3)(c)(IV), (3)(c)(VII), and (3)(d); and add (1)(f) and (3)(c)(V.5) as7
106	106	follows:8
107	107	22-30.5-528. Institute charter schools - use of restraints on9
108	108	students - certain restraints prohibited - seclusion prohibited -10
109	109	reports and review process - complaints and investigations - rules -11
110	110	definitions. (1) As used in this section, unless the context otherwise12
111	111	requires:13
112	112	(f) "S
113	113	ECLUSION" HAS THE SAME MEANING AS SET FORTH IN14
114	114	SECTION 26-20-102 (7).15
115	115	(2) The "Protection of Individuals from Restraint and Seclusion16
116	116	Act", sections 26-20-101 to 26-20-111
117	117	ARTICLE 20 OF TITLE 26, sets forth17
118	118	the key definitions and prohibitions PARAMETERS on the use of restraints,18
119	119	including the
120	120	CRITERIA FOR THE use of restraints AND THE PROHIBITION ON19
121	121	THE USE OF SECLUSION on students, described in section 26-20-111.20
122	122	(3) (a) On and after August 9, 2017
123	123	JULY 1, 2024, each institute21
124	124	charter school shall require any school employee or volunteer who uses22
125	125	any type of restraint
126	126	OR SECLUSION on a student of the institute charter23
127	127	school to submit a written report of the incident to the institute charter24
128	128	school's administration not later than one school day after the incident25
129	129	occurred.26
130	130	(b) On and after August 9, 2017
131	131	JULY 1, 2024, each institute27
132	132	HB24-1167
133	133	-4- charter school shall establish a review process, conduct the review1
134	134	process at least annually, and document the results of each review process2
135	135	in writing. Each annual review process must include a review of each3
136	136	incident in which restraint
137	137	OR SECLUSION was used on a student during the4
138	138	preceding year. The purpose of each annual review process is to ensure5
139	139	that the institute charter school is properly administering restraint,6
140	140	identifying additional training needs, minimizing and preventing the use7
141	141	of restraint by increasing the use of positive behavior interventions,8
142	142	PROHIBITING THE USE OF SECLUSION, and reducing the incidence of injury9
143	143	to students and staff. Each annual review process must include but is not10
144	144	limited to:11
145	145	(c) Not more than five calendar days after the use of restraint
146	146	OR12
147	147	SECLUSION on a student, the school administration shall mail, fax, or13
148	148	e-mail a written report of the incident to the parent or legal guardian of14
149	149	the student. The written report must be placed in the student's confidential15
150	150	file and include:16
151	151	(IV) Any alternatives to the use of restraints
152	152	OR SECLUSION that17
153	153	were attempted;18
154	154	(V.5) T
155	155	HE DURATION OF THE SECLUSION;19
156	156	(VII) The staff members who were present and staff members20
157	157	who were involved in administering the restraint
158	158	OR SECLUSION.21
159	159	(d) The department of education has enforcement authority over22
160	160	the restraint investigation decisions
161	161	AND SECLUSION INVESTIGATION23
162	162	DECISIONS. This enforcement authority must follow the same procedures24
163	163	outlined for state complaints under the federal "Individuals with25
164	164	Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and26
165	165	the department's state-level complaint procedures.27
166	166	HB24-1167
167	167	-5- SECTION 5. In Colorado Revised Statutes, 22-32-109.1, amend1
168	168	(2)(a)(I) introductory portion and (2)(a)(I)(L) as follows:2
169	169	22-32-109.1. Board of education - specific powers and duties3
170	170	- safe school plan - conduct and discipline code - safe school reporting4
171	171	requirements - school response framework - school resource officers5
172	172	- definitions. (2) Safe school plan. To provide a learning environment6
173	173	that is safe, conducive to the learning process, and free from unnecessary7
174	174	disruption, each school district board of education or institute charter8
175	175	school board for a charter school authorized by the charter school institute9
176	176	shall, following consultation with the school district accountability10
177	177	committee and school accountability committees, parents, teachers,11
178	178	administrators, students, student councils where available, and, where12
179	179	appropriate, the community at large, adopt and implement a safe school13
180	180	plan, or review and revise, as necessary in response to any relevant data14
181	181	collected by the school district, any existing plans or policies already in15
182	182	effect. In addition to the aforementioned parties, each school district16
183	183	board of education, in adopting and implementing its safe school plan,17
184	184	may consult with victims' advocacy organizations, school psychologists,18
185	185	local law enforcement, and community partners. The plan, at a minimum,19
186	186	must include the following:20
187	187	(a) Conduct and discipline code. (I) A concisely written conduct21
188	188	and discipline code that must be enforced uniformly, fairly, and22
189	189	consistently for all students. Copies of the code shall MUST be provided23
190	190	to each student upon enrollment at the preschool, elementary, middle, and24
191	191	high school levels and be posted or kept on file at each public school in25
192	192	the school district. The school district shall take reasonable measures to26
193	193	ensure that each student of each public school in the school district is27
194	194	HB24-1167
195	195	-6- familiar with the code. The code must include, but need not be limited to:1
196	196	(L) Information concerning the school district's policies for the2
197	197	use of restraint and
198	198	PROHIBITED USE OF seclusion on students, including3
199	199	a reference to section 26-20-111 and information concerning the process4
200	200	for filing a complaint regarding the use of restraint or
201	201	PROHIBITED USE OF5
202	202	seclusion, as such process is set forth by rule of the state board pursuant6
203	203	to section 22-32-147.7
204	204	SECTION 6. In Colorado Revised Statutes, 22-32-147, amend8
205	205	(2), (3)(a), (3)(b) introductory portion, (3)(c) introductory portion,9
206	206	(3)(c)(IV), (3)(c)(VII), and (6); and add (1)(f) and (3)(c)(V.5) as follows:10
207	207	22-32-147. Use of restraints on students - certain restraints11
208	208	prohibited - reports and review process - rules - definitions. (1) As12
209	209	used in this section, unless the context otherwise requires:13
210	210	(f) "S
211	211	ECLUSION" HAS THE SAME MEANING AS SET FORTH IN14
212	212	SECTION 26-20-102 (7).15
213	213	(2) Pursuant to section 26-20-111, the use of
214	214	SECLUSION OR a16
215	215	chemical, mechanical, or prone restraint upon a student in a school or17
216	216	charter school of a school district or board of cooperative services is18
217	217	prohibited.19
218	218	(3) (a) On and after August 9, 2017
219	219	JULY 1, 2024, each school20
220	220	district shall require any school employee or volunteer who uses any type21
221	221	of restraint
222	222	OR SECLUSION on a student of the school district to submit a22
223	223	written report of the incident to the administration of the school not later23
224	224	than one school day after the incident occurred.24
225	225	(b) On and after August 9, 2017
226	226	JULY 1, 2024, each school district25
227	227	shall establish a review process, conduct the review process at least26
228	228	annually, and document the results of each review process in writing.27
229	229	HB24-1167
230	230	-7- Each annual review process must include a review of each incident in1
231	231	which restraint
232	232	OR SECLUSION was used on a student during the preceding2
233	233	year. The purpose of each annual review process is to ensure that the3
234	234	school district is properly administering restraint, identifying additional4
235	235	training needs, minimizing and preventing the use of restraint by5
236	236	increasing the use of positive behavior interventions,
237	237	PROHIBITING THE6
238	238	USE OF SECLUSION, and reducing the incidence of injury to students and7
239	239	staff. Each annual review process must include but is not limited to:8
240	240	(c) If a physical restraint is five minutes or more,
241	241	OR IF SECLUSION9
242	242	OF ANY DURATION IS USED, the school administration shall mail, fax, or10
243	243	e-mail a written report of the incident to the parent or legal guardian of11
244	244	the student not more than five calendar days after the use of the restraint
245	245	12
246	246	on the student INCIDENT. The written report must be placed in the13
247	247	student's confidential file and include:14
248	248	(IV) Any alternatives to the use of restraints
249	249	OR SECLUSION that15
250	250	were attempted;16
251	251	(V.5) T
252	252	HE DURATION OF THE SECLUSION;17
253	253	(VII) The staff members who were present and staff members18
254	254	who were involved in administering the restraint
255	255	OR SECLUSION.19
256	256	(6) The department of education has enforcement authority over20
257	257	the restraint investigation decisions
258	258	AND SECLUSION INVESTIGATION21
259	259	DECISIONS. This enforcement authority must follow the same procedures22
260	260	outlined for state complaints under the federal "Individuals with23
261	261	Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and24
262	262	the department's state-level complaint procedures.25
263	263	SECTION 7. Safety clause. The general assembly finds,26
264	264	determines, and declares that this act is necessary for the immediate27
265	265	HB24-1167
266	266	-8- preservation of the public peace, health, or safety or for appropriations for1
267	267	the support and maintenance of the departments of the state and state2
268	268	institutions.3
269	269	HB24-1167
270	270	-9-