Colorado 2025 Regular Session

Colorado House Bill HB1248 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0777.01 Jacob Baus x2173
8	8		HOUSE BILL 25-1248
9	9		House Committees Senate Committees
10	10		Education Education
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING THE ADMINISTRATIO N OF DISCIPLINARY MEASURES IN101
15	15		PUBLIC SCHOOLS.102
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		Under current law, the "Protection of Individuals from Restraint
24	24		and Seclusion Act" contains parameters concerning exceptions for the use
25	25		of restraint and seclusion for various agencies, including for public
26	26		schools.
27	27		The bill removes public schools from the "Protection of
28	28		Individuals from Restraint and Seclusion Act" and creates the "Protection
29	29		SENATE
30		-	3rd Reading Unamended
31		-	April 14, 2025
32		-	SENATE
33	30		Amended 2nd Reading
34	31		April 11, 2025
35	32		HOUSE
36	33		3rd Reading Unamended
37	34		March 31, 2025
38	35		HOUSE
39	36		Amended 2nd Reading
40	37		March 27, 2025
41	38		HOUSE SPONSORSHIP
42	39		Stewart K. and Zokaie, Boesenecker, Froelich, Hamrick, Lindsay, Lindstedt, Lukens,
43	40		McCluskie, Phillips
44	41		SENATE SPONSORSHIP
45		-	Kipp and Michaelson Jenet, ~~Amabile, Coleman, Cutter, Winter F.~~
	42	+	Kipp and Michaelson Jenet,
46	43		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47	44		Capital letters or bold & italic numbers indicate new material to be added to existing law.
48	45		Dashes through the words or numbers indicate deletions from existing law. of Students from Restraint and Seclusion Act" that is specific to local
49	46		education providers.
50	47		The bill:
51	48		! Prohibits restraint and seclusion, except as provided;
52	49		! Requires a local education provider that uses restraint or
53	50		seclusion to train its employees and agents; and
54	51		! Requires a local education provider to document instances
55	52		of restraint or seclusion and notify the student's family of
56	53		certain instances of restraint or seclusion.
57	54		Be it enacted by the General Assembly of the State of Colorado:1
58	55		SECTION 1. In Colorado Revised Statutes, add article 15.5 to2
59	56		title 22 as follows:3
60	57		ARTICLE 15.54
61	58		Protection of Students from Restraint and Seclusion Act5
62	59		22-15.5-101. Short title. T
63	60		HE SHORT TITLE OF THIS ARTICLE 15.56
64	61		IS THE "PROTECTION OF STUDENTS FROM RESTRAINT AND SECLUSION7
65	62		A
66	63		CT".8
67	64		22-15.5-102. Definitions. A
68	65		S USED IN THIS ARTICLE 15.5, UNLESS9
69	66		THE CONTEXT OTHERWISE REQUIRES :10
70	67		(1) "C
71	68		HEMICAL RESTRAINT " MEANS INVOLUNTARY11
72	69		ADMINISTRATION OF MEDICATION TO A STUDENT FOR THE PURPOSE OF12
73	70		RESTRAINING THE STUDENT; EXCEPT THAT "CHEMICAL RESTRAINT" DOES13
74	71		NOT INCLUDE ADMINISTERING PRESCRIPTION MEDICATION THAT IS14
75	72		REGULARLY ADMINISTERED TO THE STUDENT FOR MEDICAL TREATMENT15
76	73		OTHER THAN TO RESTRAIN THE STUDENT 'S FREEDOM OF MOVEMENT ,16
77	74		INCLUDING ASTHMA CORTICOSTEROID, MOOD DISORDER MEDICATION,17
78	75		INSULIN, OR GLUCAGON, OR ADMINISTERING MEDICATION FOR VOLUNTARY18
79	76		OR LIFE-SAVING MEDICAL PROCEDURES, INCLUDING EPINEPHRINE OR19
80	77		DIAZEPAM.20
81	78		1248-2- (2) "EMERGENCY" MEANS A SERIOUS, PROBABLE, IMMINENT1
82	79		THREAT OF BODILY HARM TO SELF OR OTHERS WHEN THERE IS THE2
83	80		PRESENT ABILITY TO EFFECT SUCH BODILY HARM .3
84	81		(3) "IEP
85	82		TEAM" HAS THE SAME MEANING AS DESCRIBED IN SECTION4
86	83		22-20-108.5
87	84		(4) "I
88	85		NDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" HAS THE6
89	86		SAME MEANING AS SET FORTH IN SECTION 22-20-103.7
90	87		(5) "L
91	88		OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A8
92	89		CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURS UANT TO PART9
93	90		1
94	91		OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY10
95	92		THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE11
96	93		30.5
97	94		OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED12
98	95		AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT13
99	96		OPERATES ONE OR MORE PUBLIC SCHOOLS .14
100	97		(6) "M
101	98		ECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED15
102	99		TO RESTRICT A STUDENT'S VOLUNTARY FREEDOM OF MOVEMENT OR THE16
103	100		MOVEMENT OR NORMAL FUNCTION OF A PORTION OF THEIR BODY .17
104	101		"M
105	102		ECHANICAL RESTRAINT" DOES NOT INCLUDE:18
106	103		(a) A
107	104		DEVICE THAT IS RECOMMENDED FOR THE STUDENT BY A19
108	105		PHYSICIAN, OCCUPATIONAL THERAPIST , OR PHYSICAL THERAPIST ; IS20
109	106		AGREED TO FOR USE BY THE STUDENT, BY THE STUDENT'S IEP TEAM, OR BY21
110	107		THE STUDENT'S SECTION 504 TEAM; AND IS USED IN ACCORDANCE WITH22
111	108		THE STUDENT'S IEP OR SECTION 504 PLAN;23
112	109		(b) A
113	110		PROTECTIVE DEVICE THAT IS USED TO PREVENT A STUDENT24
114	111		FROM SELF-HARM, IS AGREED TO FOR USE BY THE STUDENT BY THE25
115	112		STUDENT'S IEP TEAM OR SECTION 504 TEAM, AND IS USED IN ACCORDANCE26
116	113		WITH THE STUDENT'S IEP OR SECTION 504 PLAN. THE PROTECTIVE DEVICE27
117	114		1248
118	115		-3- MAY INCLUDE A HELMET OR MITTS .1
119	116		(c) A
120	117		N ADAPTIVE DEVICE THAT IS USED TO FACILITATE2
121	118		INSTRUCTION OR THERAPY FOR THE STUDENT THAT IS RECOMMENDED FOR3
122	119		THE STUDENT BY A PHYSICIAN, OCCUPATIONAL THERAPIST, OR PHYSICAL4
123	120		THERAPIST; IS AGREED TO FOR USE BY THE STUDENT BY THE STUDENT 'S5
124	121		IEP
125	122		TEAM OR SECTION 504 TEAM; AND IS USED IN ACCORDANCE WITH THE6
126	123		STUDENT'S IEP OR SECTION 504 PLAN; OR7
127	124		(d) A
128	125		POSITIONING OR SECURING DEVICE THAT IS USED TO8
129	126		FACILITATE THE STUDENT'S MEDICAL TREATMENT THAT IS RECOMMENDED9
130	127		FOR THE STUDENT BY A PHYSICIAN , OCCUPATIONAL THERAPIST , OR10
131	128		PHYSICAL THERAPIST; IS AGREED TO FOR USE BY THE STUDENT BY THE11
132	129		STUDENT'S IEP TEAM OR SECTION 504 TEAM; AND IS USED IN ACCORDANCE12
133	130		WITH THE STUDENT'S IEP OR SECTION 504 PLAN.13
134	131		(7) "P
135	132		HYSICAL RESTRAINT" MEANS THE USE OF BODILY, PHYSICAL14
136	133		FORCE TO LIMIT A STUDENT'S VOLUNTARY FREEDOM OF MOVEMENT FOR15
137	134		MORE THAN ONE MINUTE; EXCEPT THAT "PHYSICAL RESTRAINT" DOES NOT16
138	135		INCLUDE:17
139	136		(a) A PHYSICAL INTERVENTION ADMINISTERED ON A STUDENT18
140	137		THAT LASTS ONE MINUTE OR LESS FOR THE PROTECTION OF A STUDENT,19
141	138		OTHERS, OR PROPERTY;20
142	139		(b) THE HOLDING OF A STUDENT BY AN ADULT FOR THE PURPOSE21
143	140		OF CALMING OR COMFORTING THE STUDENT ;22
144	141		(c) MINIMAL PHYSICAL CONTACT FOR THE PURPOSE OF SAFELY23
145	142		ESCORTING A STUDENT FROM ONE PLACE TO ANOTHER ; OR24
146	143		(d) MINIMAL PHYSICAL CONTACT FOR THE PURPOSE OF ASSISTING25
147	144		A STUDENT WITH A TASK OR RESPONSE .26
148	145		(8) "P
149	146		RONE RESTRAINT" MEANS A RESTRAINT IN WHICH THE27
150	147		1248
151	148		-4- STUDENT WHO IS BEING RESTRAINED IS SECURED IN A FACE -DOWN1
152	149		POSITION.2
153	150		(9) "R
154	151		ESTRAINT" MEANS A METHOD OR DEVICE THAT IS USED TO3
155	152		LIMIT A STUDENT'S VOLUNTARY FREEDOM OF MOVEMENT . "RESTRAINT"4
156	153		INCLUDES SECLUSION, CHEMICAL RESTRAINT, MECHANICAL RESTRAINT,5
157	154		AND PHYSICAL RESTRAINT.
158	155		6
159	156		(10) (a) "SECLUSION" MEANS THE PLACEMENT OF AN INDIVIDUAL7
160	157		ALONE IN A ROOM OR AREA FROM WHICH EGRESS IS PREVENTED .8
161	158		"S
162	159		ECLUSION" IS A FORM OF RESTRAINT.9 (b) "SECLUSION" DOES NOT INCLUDE A TIME-OUT, WHICH IS THE10
163	160		REMOVAL OF A STUDENT FROM A POTENTIALLY REWARDING SITUATION , OR11
164	161		FROM A SITUATION THAT WOULD OTHERWISE PRODUCE NEGATIVE12
165	162		REINFORCEMENT. A TIME-OUT DOES NOT PREVENT A STUDENT 'S EGRESS.13
166	163		(11) "S
167	164		ECTION 504 PLAN" HAS THE SAME MEANING AS SET FORTH14
168	165		IN SECTION 22-20-123 (2).15
169	166		(12) "S
170	167		ECTION 504 TEAM" HAS THE SAME MEANING AS SET FORTH16
171	168		IN SECTION 22-20-123 (2).17
172	169		22-15.5-103. Prohibit restraint - exceptions. (1) E
173	170		XCEPT AS18
174	171		PROVIDED PURSUANT TO THIS ARTICLE 15.5, THE USE OF A RESTRAINT ON19
175	172		A STUDENT OF A LOCAL EDUCATION PROVIDER IS PROHIBITED WHEN THE20
176	173		STUDENT IS ON THE PROPERTY OF THE LOCAL EDUCATION PROVIDER OR IS21
177	174		PARTICIPATING IN AN OFF-CAMPUS ACTIVITY OR EVENT SPONSORED BY THE22
178	175		LOCAL EDUCATION PROVIDER .23
179	176		(2) T
180	177		HE PROHIBITION DESCRIBED IN SUBSECTION (1) OF THIS24
181	178		SECTION DOES NOT APPLY TO:25
182	179		(a) T
183	180		HE USE OF MECHANICAL, PHYSICAL, OR PRONE RESTRAINTS ON26
184	181		A STUDENT ENROLLED IN A
185	182		LOCAL EDUCATION PROVIDER WHO OPENLY27
186	183		1248
187	184		-5- DISPLAYS A DEADLY WEAPON , AS DEFINED IN SECTION 18-1-901;1
188	185		(b) T
189	186		HE USE OF MECHANICAL OR PRONE RESTRAINTS BY AN ARMED2
190	187		SECURITY OFFICER OR A CERTIFIED PEACE OFFICER WORKING IN A LOCAL3
191	188		EDUCATION PROVIDER'S FACILITIES WHEN THE OFFICER:4
192	189		(I) H
193	190		AS RECEIVED DOCUMENTED TRAINING IN DEFENSIVE TACTICS5
194	191		UTILIZING HANDCUFFING PROCEDURES ;6
195	192		(II) H
196	193		AS RECEIVED DOCUMENTED TRAINING IN RESTRAINT TACTICS7
197	194		UTILIZING PRONE RESTRAINT; AND8
198	195		(III) H
199	196		AS MADE A REFERRAL TO A LAW ENFORCEMENT AGENCY9
200	197		AND IS MAKING AN ARREST;10
201	198		(c) T
202	199		HE USE OF MECHANICAL, PHYSICAL, OR PRONE RESTRAINTS BY11
203	200		A SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT OFFICER ACTING12
204	201		IN THE OFFICER'S OFFICIAL CAPACITY ON THE LOCAL EDUCATION13
205	202		PROVIDER'S PROPERTY, IN A LOCAL EDUCATION PROVIDER'S VEHICLE, OR14
206	203		AT AN ACTIVITY OR EVENT SPONSORED BY THE LOCAL EDUCATION15
207	204		PROVIDER IF THERE IS A DANGER TO THE STUDENT OR OTHERS OR DURING16
208	205		A CUSTODIAL ARREST THAT REQUIRES TRANSPORT ; AND17
209	206		(d) (I)
210	207		THE USE OF A PHYSICAL RESTRAINT OR SECLUSION IN AN18
211	208		EMERGENCY AFTER THE FAILURE OF LESS RESTRICTIVE ALTERNATIVES ; OR19
212	209		(II) THE USE OF A PHYSICAL RESTRAINT OR SECLUSION IN AN20
213	210		EMERGENCY AFTER A DETERMINATION THAT LESS RESTRICTIVE21
214	211		ALTERNATIVES WOULD BE INAPPROPRIATE OR INEFFECTIVE DURING THE22
215	212		EMERGENCY.23
216	213		(3) I
217	214		F A LOCAL EDUCATION PROVIDER USES A ROOM FOR SECLUSION24
218	215		AS A TYPE OF RESTRAINT, THERE MUST BE AT LEAST ONE WINDOW TO25
219	216		MONITOR THE STUDENT WHEN THE DOOR IS CLOSED . IF A WINDOW IS NOT26
220	217		FEASIBLE, MONITORING MUST BE WITH A VIDEO CAMERA . A STUDENT27
221	218		1248
222	219		-6- PLACED IN SECLUSION MUST BE CONTINUALLY MONITORED . THE ROOM1
223	220		MUST BE A SAFE SPACE FREE OF INJURIOUS ITEMS . THE ROOM USED FOR2
224	221		SECLUSION MUST NOT BE A ROOM THAT IS USED BY SCHOOL STAFF FOR3
225	222		STORAGE, CUSTODIAL PURPOSES, OR OFFICE SPACE.4
226	223		(4) (a) A
227	224		LOCAL EDUCATION PROVIDER THAT , OR LOCAL5
228	225		EDUCATION PROVIDER'S EMPLOYEE OR AGENT WHO , USES RESTRAINT6
229	226		SHALL USE THE RESTRAINT:7
230	227		(I) O
231	228		NLY FOR THE PURPOSE OF PREVENTING THE CONTINUATION OR8
232	229		RENEWAL OF THE APPROPRIATE CIRCUMSTANCES DESCRIBED IN9
233	230		SUBSECTION (2) OF THIS SECTION FOR THE INCIDENT;10
234	231		(II) O
235	232		NLY FOR THE PERIOD OF TIME NECESSARY TO ACCOMPLISH ITS11
236	233		PURPOSE; AND12
237	234		(III) I
238	235		N THE CASE OF PHYSICAL RESTRAINT , ONLY IF NO MORE13
239	236		FORCE THAN IS NECESSARY TO LIMIT THE INDIVI DUAL 'S FREEDOM OF14
240	237		MOVEMENT IS USED.15
241	238		(b) I
242	239		F PROPERTY DAMAGE MAY BE INVOLVED , RESTRAINT MAY16
243	240		ONLY BE USED WHEN THE DESTRUCTION OF PROPERTY WOULD RESULT IN17
244	241		A SERIOUS, PROBABLE, IMMINENT THREAT OF BODILY HARM TO SELF OR18
245	242		OTHERS AND WHEN THERE IS THE PRESENT ABILITY TO EFFECT SUCH19
246	243		BODILY HARM.20
247	244		(5) A LOCAL EDUCATION PROVIDER , OR LOCAL EDUCATION21
248	245		PROVIDER'S EMPLOYEE OR AGENT, SHALL NOT USE A RESTRAINT AS A:22
249	246		(a) FORM OF PUNISHMENT OR DISCIPLINARY SANCTION ;23
250	247		(b) PART OF A TREATMENT PLAN OR BEHAVIOR MODIFICATION24
251	248		PLAN; OR25
252	249		(c) FORM OF RETALIATION.26
253	250		22-15.5-104. General duties relating to use of restraint. (1) A27
254	251		1248
255	252		-7- LOCAL EDUCATION PROVIDER THAT , OR A LOCAL EDUCATION PROVIDER'S1
256	253		EMPLOYEE OR AGENT WHO , USES A RESTRAINT SHALL ENSURE THAT:2
257	254		(a) A
258	255		PHYSICAL RESTRAINT OF A STUDENT DOES NOT PLACE EXCESS3
259	256		PRESSURE ON THE CHEST OR BACK OF THE STUDENT OR INHIBIT OR IMPEDE4
260	257		THE STUDENT'S ABILITY TO BREATHE; AND5
261	258		(b) D
262	259		URING THE PHYSICAL RESTRAINT OF A STUDENT , THE6
263	260		STUDENT'S BREATHING IS NOT COMPROMISED .7
264	261		(2) A
265	262		LOCAL EDUCATION PROVIDER'S EMPLOYEE OR AGENT SHALL8
266	263		PROVIDE THE STUDENT RELIEF PERIODS FROM SECLUSION FOR REASONABLE9
267	264		ACCESS TO TOILET FACILITIES.10
268	265		(3) A
269	266		LOCAL EDUCATION PROVIDER'S EMPLOYEE OR AGENT SHALL11
270	267		RELEASE THE STUDENT IN PHYSICAL RESTRAINT WITHIN FIFTEEN MINUTES12
271	268		AFTER THE INITIATION OF THE PHYSICAL RESTRAINT , EXCEPT WHEN IT13
272	269		WOULD BE UNSAFE TO DO SO.14
273	270		22-15.5-105. Training concerning the use of restraint. (1) A15
274	271		LOCAL EDUCATION PROVIDER THAT USES RESTRAINT SHALL ENSURE THAT16
275	272		EMPLOYEES AND AGENTS WHO ARE INVOLVED IN USING RESTRAINT IN ITS17
276	273		FACILITIES OR PROGRAMS ARE TRAINED IN THE APPROPRIATE USE OF18
277	274		RESTRAINT.19
278	275		(2) A
279	276		LOCAL EDUCATION PROVIDER THAT USES RESTRAINT SHALL20
280	277		ENSURE THAT ALL EMPLOYEES AND AGENTS WHO ARE INVOLVED IN USING21
281	278		RESTRAINT IN ITS FACILITIES OR PROGRAMS ARE TRAINED TO EXPLAIN THE22
282	279		USE OF RESTRAINT TO THE STUDENT WHO IS TO BE RESTRAINED AND TO23
283	280		THE STUDENT'S FAMILY.24
284	281		22-15.5-106. Documentation requirements for restraint. (1) A25
285	282		LOCAL EDUCATION PROVIDER SHALL REQUIRE ITS EMPLOYEE OR AGENT26
286	283		WHO USES A RESTRAINT ON A STUDENT TO SUBMIT A WRITTEN REPORT OF27
287	284		1248
288	285		-8- THE INCIDENT TO THE LOCAL EDUCATION PROVIDER NO LATER THAN ONE1
289	286		SCHOOL DAY AFTER THE INCIDENT OCCURRED .2
290	287		(2) N
291	288		O LATER THAN JULY 1, 2025, EACH
292	289		LOCAL EDUCATION3
293	290		PROVIDER SHALL ESTABLISH A REVIEW PROCESS , AT LEAST ANNUALLY,4
294	291		AND DOCUMENT THE RESULTS OF EACH REVIEW PROCESS IN WRITING . THE5
295	292		PURPOSE OF EACH ANNUAL REVIEW PROCESS IS TO ENSURE THAT THE6
296	293		LOCAL EDUCATION PROVIDER IS PROPERLY ADMINISTERING RESTRAINT ,7
297	294		MINIMIZING AND PREVENTING THE USE OF RESTRAINT BY INCREASING THE8
298	295		USE OF POSITIVE BEHAVIOR INTERVENTIONS , AND REDUCING THE9
299	296		INCIDENCE OF INJURY TO STUDENTS , EMPLOYEES, AND AGENTS. EACH10
300	297		ANNUAL REVIEW PROCESS MUST INCLUDE , BUT IS NOT LIMITED TO:11
301	298		(a) A
302	299		NALYSIS OF INCIDENT REPORTS, INCLUDING CONSIDERATION12
303	300		OF PROCEDURES USED DURING THE RESTRAINT , PREVENTIVE OR13
304	301		ALTERNATIVE TECHNIQUES ATTEMPTED , DOCUMENTATION , AND14
305	302		FOLLOW-UP;15
306	303		(b) T
307	304		RAINING NEEDS OF STAFF;16
308	305		(c) S
309	306		TAFF-TO-STUDENT RATIOS;
310	307		17
311	308		(d) E
312	309		NVIRONMENTAL CONSIDERATIONS , INCLUDING PHYSICAL18
313	310		SPACE, STUDENT SEATING ARRANGEMENTS , AND NOISE LEVELS.19
314	311		(3) I
315	312		F A
316	313		PHYSICAL RESTRAINT IS USED FOR MORE THAN ONE MINUTE20
317	314		BUT LESS THAN FIVE MINUTES, THE LOCAL EDUCATION PROVIDER SHALL21
318	315		PROVIDE WRITTEN NOTICE ON THE DAY OF THE RESTRAINT TO THE PARENT22
319	316		OR LEGAL GUARDIAN OF THE STUDENT . THE WRITTEN NOTICE MUST23
320	317		INCLUDE THE DATE, THE NAME OF THE STUDENT, AND THE NUMBER OF24
321	318		RESTRAINTS USED THAT DAY THAT LASTED BETWEEN ONE AND FIVE25
322	319		MINUTES.26
323	320		(4) I
324	321		F A
325	322		PHYSICAL RESTRAINT IS USED FOR FIVE MINUTES OR MORE ,27
326	323		1248
327	324		-9- OR IF THE STUDENT IS PLACED IN SECLUSION FOR ANY LENGTH OF TIME ,1
328	325		THE LOCAL EDUCATION PROVIDER SHALL PROVIDE VERBAL NOTICE ON THE2
329	326		DAY OF THE PHYSICAL RESTRAINT OR SECLUSION TO THE PARENT OR LEGAL3
330	327		GUARDIAN OF THE STUDENT AND SHALL MAIL OR EMAIL A WRITTEN4
331	328		REPORT OF THE INCIDENT TO THE PARENT OR LEGAL GUARDIAN OF THE5
332	329		STUDENT NOT MORE THAN FIVE CALENDAR DAYS AFTER THE USE OF THE6
333	330		RESTRAINT ON THE STUDENT. THE WRITTEN REPORT MUST BE PLACED IN7
334	331		THE STUDENT'S CONFIDENTIAL FILE AND INCLUDE:8
335	332		(a) T
336	333		HE ANTECEDENT OF THE STUDENT 'S BEHAVIOR, IF KNOWN;9
337	334		(b) A
338	335		DESCRIPTION OF THE INCIDENT;10
339	336		(c) A
340	337		NY EFFORTS MADE TO DE-ESCALATE THE SITUATION;11
341	338		(d) A
342	339		NY ALTERNATIVES TO THE USE OF RESTRAINTS THAT WERE12
343	340		ATTEMPTED;13
344	341		(e) T
345	342		HE TYPE AND DURATION OF THE RESTRAINT USED ;14
346	343		(f) A
347	344		NY INJURIES THAT OCCURRED;
348	345		15
349	346		(g) T
350	347		HE NAMES OF THE LOCAL EDUCATION PROVIDER 'S EMPLOYEES16
351	348		OR AGENTS WHO WERE PRESENT AND EMPLOYEES AND AGENTS WHO WERE17
352	349		INVOLVED IN ADMINISTERING THE RESTRAINT ;
353	350		18
354	351		(h) T
355	352		HE START AND END TIME OF THE PHYSICAL RESTRAINT OR
356	353		19
357	354		SECLUSION;20
358	355		(i) D
359	356		ETAILS CONCERNING THE NOTIFICATION PROVIDED TO THE
360	357		21
361	358		PARENT OR LEGAL GUARDIAN ; AND22
362	359		(j) F
363	360		OR SECLUSION, DETAILS CONCERNING WHETHER THE DOOR
364	361		23
365	362		WAS OPENED OR CLOSED.24
366	363		(5) N
367	364		O LATER THAN JUNE 30, 2026, AND NO LATER THAN EVERY25
368	365		J
369	366		UNE 30 THEREAFTER, EACH LOCAL EDUCATION PROVIDER SHALL SUBMIT26
370	367		IN A REPORT TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION27
371	368		1248
372	369		-10- 22-1-138, THE INFORMATION FROM THE ANNUAL REVIEW CONDUCTED1
373	370		PURSUANT TO SUBSECTION (2) OF THIS SECTION AND THE FOLLOWING2
374	371		DATA:3
375	372		(a) THE TOTAL NUMBER OF PHYSICAL RESTRAINTS LASTING MORE4
376	373		THAN ONE MINUTE BUT LESS THAN FIVE MINUTES ;5
377	374		(b) THE TOTAL NUMBER OF PHYSICAL RESTRAINTS LASTING FIVE OR6
378	375		MORE MINUTES;7
379	376		(c) THE TOTAL NUMBER OF SECLUSIONS ;8
380	377		(d) THE TOTAL NUMBER OF STUDENTS WHO EXPERIENCED AT LEAST9
381	378		ONE PHYSICAL RESTRAINT LASTING MORE THAN ONE MINUTE BUT LESS10
382	379		THAN FIVE MINUTES;11
383	380		(e) THE TOTAL NUMBER OF STUDENTS WHO EXPERIENCED AT LEAST12
384	381		ONE PHYSICAL RESTRAINT LASTING FIVE MINUTES OR MORE ; AND13
385	382		(f) THE TOTAL NUMBER OF STUDENTS WHO EXPERIENCED AT LEAST14
386	383		ONE SECLUSION.15
387	384		(6) IF THERE IS A REASONABLE PROBABILITY THAT A PHYSICAL16
388	385		RESTRAINT OR SECLUSION MAY BE USED ON A SPECIFIC STUDENT, THE17
389	386		LOCAL EDUCATION PROVIDER SHALL PROVIDE WRITTEN NOTICE TO THE18
390	387		PARENT OR LEGAL GUARDIAN OF THE STUDENT, AND TO THE STUDENT, IF19
391	388		APPROPRIATE, REGARDING PHYSICAL RESTRAINT OR SECLUSION20
392	389		PROCEDURES THAT MAY BE USED, THE CIRCUMSTANCES IN WHICH21
393	390		PHYSICAL RESTRAINT OR SECLUSION MAY BE USED , AND THE LOCAL22
394	391		EDUCATION PROVIDER'S EMPLOYEES OR AGENTS WHO MAY BE INVOLVED.23
395	392		THE LOCAL EDUCATION PROVIDER SHALL MEET WITH A PARENT OR LEGAL24
396	393		GUARDIAN WHO RECEIVED A WRITTEN NOTICE PURSUANT TO THIS25
397	394		SUBSECTION (6) AND REQUESTS A MEETING TO DISCUSS THE WRITTEN26
398	395		NOTICE.27
399	396		1248
400	397		-11- (7) THE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING1
401	398		AVAILABLE TO LOCAL EDUCATION PROVIDERS AND LOCAL EDUCATION2
402	399		PROVIDERS' EMPLOYEES AND AGENTS ON THE REQUIREMENTS OF THIS3
403	400		ARTICLE 15.5 AND ON THE STATE BOARD OF EDUCATION'S CORRESPONDING4
404	401		RULES FOR ADMINISTRATION.5
405	402		(8) THE DEPARTMENT OF EDUCATION HAS ENFORCEMENT6
406	403		AUTHORITY OVER RESTRAINT INVESTIGATION DECISIONS . THIS7
407	404		ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES8
408	405		OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS9
409	406		WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AND10
410	407		THE DEPARTMENT'S STATE-LEVEL COMPLAINT PROCEDURES .11
411	408		22-15.5-107. Rules. (1) N
412	409		O LATER THAN JANUARY 1, 2026, THE12
413	410		STATE BOARD OF EDUCATION SHALL ADOPT , AMEND, OR REPEAL RULES AS13
414	411		NECESSARY TO REFLECT THIS ARTICLE 15.5.14
415	412		(2) T
416	413		HE STATE BOARD OF EDUCATION SHALL ADOPT RULES15
417	414		ESTABLISHING A PROCESS BY WHICH A STUDENT , A STUDENT'S PARENT OR16
418	415		LEGAL GUARDIAN, OR A THIRD PARTY ON BEHALF OF A STUDENT OR17
419	416		STUDENT'S PARENT OR LEGAL GUARDIAN MAY FORMALLY COMPLAIN18
420	417		ABOUT THE USE OF RESTRAINT BY A LOCAL EDUCATION PROVIDER 'S19
421	418		EMPLOYEE OR AGENT. TO THE EXTENT PRACTICABLE, THE RULES MUST20
422	419		DETAIL THE PROCESS FOR FILING A STATE COMPLAINT UNDER THE FEDERAL21
423	420		"I
424	421		NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 140022
425	422		ET SEQ.23
426	423		(3) T
427	424		HE STATE BOARD OF EDUCATION MAY ADOPT RULES24
428	425		REGARDING THE USE OF RESTRAINT AND SECLUSION CONSISTENT WITH THE25
429	426		PROVISIONS OF THIS ARTICLE 15.5, INCLUDING CLARIFICATIONS26
430	427		CONCERNING SAFETY DESCRIBED IN SECTION 22-15.5-104.27
431	428		1248
432	429		-12- 22-15.5-108. Limitations. (1) N OTHING IN THIS ARTICLE 15.51
433	430		FORMS AN INDEPENDENT BASIS OF STATUTORY AUTHORITY FOR USING2
434	431		RESTRAINT.3
435	432		(2) N
436	433		OTHING IN THIS ARTICLE 15.5 AUTHORIZES A LOCAL4
437	434		EDUCATION PROVIDER TO IMPLEMENT POLICIES , PROCEDURES, OR5
438	435		STANDARDS, OR AUTHORIZES THE DEPARTMENT OF EDUCATION TO ADOPT6
439	436		RULES THAT WOULD LIMIT , DECREASE, OR ADVERSELY IMPACT ANY7
440	437		POLICIES, PROCEDURES, STANDARDS, RULES, OR ORDINANCES THAT8
441	438		PROVIDE GREATER PROTECTION CONCERNING THE USE OF RESTRAINT THAN9
442	439		IS DESCRIBED IN THIS ARTICLE 15.5.10 (3) THIS ARTICLE 15.5 DOES NOT PROHIBIT TRANSPORTATION11
443	440		PROVIDED BY THE LOCAL EDUCATION PROVIDER FROM HAVING SEAT12
444	441		BELTS, HARNESSES, CAR SEATS, OR OTHER DEVICES FOR PASSENGER13
445	442		SAFETY.14
446	443		SECTION 2. In Colorado Revised Statutes, 22-1-139, amend15
447	444		(1)(b)(VII) as follows:16
448	445		22-1-139. Accessible district profile reports - school climate17
449	446		reports and surveys - reporting - definition. (1) (b) The profile reports18
450	447		must include, but are not limited to:19
451	448		(VII) The number of students physically restrained; and20
452	449		SECTION 3. In Colorado Revised Statutes, 22-32-109.1, amend21
453	450		(2)(a)(I) introductory portion and (2)(a)(I)(L) as follows:22
454	451		22-32-109.1. Board of education - specific powers and duties23
455	452		- safe school plan - conduct and discipline code - safe school reporting24
456	453		requirements - school response framework - school resource officers25
457	454		- definitions. (2) Safe school plan. To provide a learning environment26
458	455		that is safe, conducive to the learning process, and free from unnecessary27
459	456		1248
460	457		-13- disruption, each school district board of education or institute charter1
461	458		school board for a charter school authorized by the charter school institute2
462	459		shall, following consultation with the school district accountability3
463	460		committee and school accountability committees, parents, teachers,4
464	461		administrators, students, student councils where available, and, where5
465	462		appropriate, the community at large, adopt and implement a safe school6
466	463		plan, or review and revise, as necessary in response to any relevant data7
467	464		collected by the school district, any existing plans or policies already in8
468	465		effect. In addition to the aforementioned parties, each school district9
469	466		board of education, in adopting and implementing its safe school plan,10
470	467		may consult with victims' advocacy organizations, school psychologists,11
471	468		local law enforcement, and community partners. The plan, at a minimum,12
472	469		must include the following:13
473	470		(a) Conduct and discipline code. (I) A concisely written conduct14
474	471		and discipline code that must be enforced uniformly, fairly, and15
475	472		consistently for all students. Copies of the code shall MUST be provided16
476	473		to each student upon enrollment at the preschool, elementary, middle, and17
477	474		high school levels and be posted or kept on file at each public school in18
478	475		the school district. The school district shall take reasonable measures to19
479	476		ensure that each student of each public school in the school district is20
480	477		familiar with the code. The code must include, but need not be limited to:21
481	478		(L) Information concerning the school district's policies for the22
482	479		use of restraint and seclusion on students, including a reference to section23
483	480		26-20-111 THE "PROTECTION OF STUDENTS FROM RESTRAINT AND24
484	481		S
485	482		ECLUSION ACT", ARTICLE 15.5 OF THIS TITLE 22, and information25
486	483		concerning the process for filing a complaint regarding the use of restraint26
487	484		or seclusion, as such process is set forth by rule of the state board27
488	485		1248
489	486		-14- pursuant to section 22-32-147 SECTION 22-15.5-107.1
490	487		2
491	488		SECTION 4. In Colorado Revised Statutes, 26-20-102, amend3
492	489		(1)(a)(III), (6) introductory portion, and (6)(c); repeal (1)(a)(VI); and add4
493	490		(1)(b)(V) as follows:5
494	491		26-20-102. Definitions. As used in this article 20, unless the6
495	492		context otherwise requires:7
496	493		(1) (a) "Agency" means:8
497	494		(III) Any public or private entity that has entered into a contract9
498	495		for services with an entity described in subsection (1)(a)(I)
499	496		OR (1)(a)(II)10
500	497		or (1)(a)(VI)
501	498		of this section;11
502	499		(VI) Any school district, including any school or charter school of12
503	500		a school district, and the state charter school institute established in13
504	501		section 22-30.5-503, including any institute charter school.14
505	502		(b) "Agency" does not include:15
506	503		(V) A
507	504		LOCAL EDUCATION PROVIDER , AS DEFINED PURSUANT TO16
508	505		SECTION 22-15.5-102.17
509	506		(6) "Restraint" means any method or device used to involuntarily18
510	507		limit freedom of movement, including bodily physical force, mechanical19
511	508		devices, or chemicals. Restraint must not be used as a form of discipline20
512	509		or to gain compliance. from a student
513	510		If property damage might be21
514	511		involved, restraint may only be used when the destruction of property22
515	512		could possibly result in bodily harm to the individual or another person.23
516	513		"Restraint" includes chemical restraint, mechanical restraint, and physical24
517	514		restraint. "Restraint" does not include:25
518	515		(c) The holding of an individual for less than one minute ONE26
519	516		MINUTE OR LESS by a staff person for protection of the individual or other27
520	517		1248
521	518		-15- persons; except that nothing in this subsection (6)(c) may be interpreted1
522	519		to permit the holding of a public school student in a prone position,2
523	520		except as described in section 26-20-111 (2), (3), or (4); or3
524	521		SECTION 5. In Colorado Revised Statutes, repeal 22-30.5-528,4
525	522		22-32-147, and 26-20-111.5
526	523		SECTION 6. Safety clause. The general assembly finds,6
527	524		determines, and declares that this act is necessary for the immediate7
528	525		preservation of the public peace, health, or safety or for appropriations for8
529	526		the support and maintenance of the departments of the state and state9
530	527		institutions.10
531	528		1248
532	529		-16-