First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0777.01 Jacob Baus x2173
HOUSE BILL 25-1248
House Committees Senate Committees
Education Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ADMINISTRATIO N OF DISCIPLINARY MEASURES IN101
PUBLIC SCHOOLS.102
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
SENATE
3rd Reading Unamended
April 14, 2025
SENATE
Amended 2nd Reading
April 11, 2025
HOUSE
3rd Reading Unamended
March 31, 2025
HOUSE
Amended 2nd Reading
March 27, 2025
HOUSE SPONSORSHIP
Stewart K. and Zokaie, Boesenecker, Froelich, Hamrick, Lindsay, Lindstedt, Lukens,
McCluskie, Phillips
SENATE SPONSORSHIP
Kipp and Michaelson Jenet, Amabile, Coleman, Cutter, Winter F.
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. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 15.5 to2
title 22 as follows:3
ARTICLE 15.54
Protection of Students from Restraint and Seclusion Act5
22-15.5-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 15.56
IS THE "PROTECTION OF STUDENTS FROM RESTRAINT AND SECLUSION7
A
CT".8
22-15.5-102. Definitions. A
S USED IN THIS ARTICLE 15.5, UNLESS9
THE CONTEXT OTHERWISE REQUIRES :10
(1) "C
HEMICAL RESTRAINT " MEANS INVOLUNTARY11
ADMINISTRATION OF MEDICATION TO A STUDENT FOR THE PURPOSE OF12
RESTRAINING THE STUDENT; EXCEPT THAT "CHEMICAL RESTRAINT" DOES13
NOT INCLUDE ADMINISTERING PRESCRIPTION MEDICATION THAT IS14
REGULARLY ADMINISTERED TO THE STUDENT FOR MEDICAL TREATMENT15
OTHER THAN TO RESTRAIN THE STUDENT 'S FREEDOM OF MOVEMENT ,16
INCLUDING ASTHMA CORTICOSTEROID, MOOD DISORDER MEDICATION,17
INSULIN, OR GLUCAGON, OR ADMINISTERING MEDICATION FOR VOLUNTARY18
OR LIFE-SAVING MEDICAL PROCEDURES, INCLUDING EPINEPHRINE OR19
DIAZEPAM.20
1248-2- (2) "EMERGENCY" MEANS A SERIOUS, PROBABLE, IMMINENT1
THREAT OF BODILY HARM TO SELF OR OTHERS WHEN THERE IS THE2
PRESENT ABILITY TO EFFECT SUCH BODILY HARM .3
(3) "IEP
TEAM" HAS THE SAME MEANING AS DESCRIBED IN SECTION4
22-20-108.5
(4) "I
NDIVIDUALIZED EDUCATION PROGRAM " OR "IEP" HAS THE6
SAME MEANING AS SET FORTH IN SECTION 22-20-103.7
(5) "L
OCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A8
CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURS UANT TO PART9
1
OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY10
THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE11
30.5
OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED12
AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT13
OPERATES ONE OR MORE PUBLIC SCHOOLS .14
(6) "M
ECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED15
TO RESTRICT A STUDENT'S VOLUNTARY FREEDOM OF MOVEMENT OR THE16
MOVEMENT OR NORMAL FUNCTION OF A PORTION OF THEIR BODY .17
"M
ECHANICAL RESTRAINT" DOES NOT INCLUDE:18
(a) A
DEVICE THAT IS RECOMMENDED FOR THE STUDENT BY A19
PHYSICIAN, OCCUPATIONAL THERAPIST , OR PHYSICAL THERAPIST ; IS20
AGREED TO FOR USE BY THE STUDENT, BY THE STUDENT'S IEP TEAM, OR BY21
THE STUDENT'S SECTION 504 TEAM; AND IS USED IN ACCORDANCE WITH22
THE STUDENT'S IEP OR SECTION 504 PLAN;23
(b) A
PROTECTIVE DEVICE THAT IS USED TO PREVENT A STUDENT24
FROM SELF-HARM, IS AGREED TO FOR USE BY THE STUDENT BY THE25
STUDENT'S IEP TEAM OR SECTION 504 TEAM, AND IS USED IN ACCORDANCE26
WITH THE STUDENT'S IEP OR SECTION 504 PLAN. THE PROTECTIVE DEVICE27
1248
-3- MAY INCLUDE A HELMET OR MITTS .1
(c) A
N ADAPTIVE DEVICE THAT IS USED TO FACILITATE2
INSTRUCTION OR THERAPY FOR THE STUDENT THAT IS RECOMMENDED FOR3
THE STUDENT BY A PHYSICIAN, OCCUPATIONAL THERAPIST, OR PHYSICAL4
THERAPIST; IS AGREED TO FOR USE BY THE STUDENT BY THE STUDENT 'S5
IEP
TEAM OR SECTION 504 TEAM; AND IS USED IN ACCORDANCE WITH THE6
STUDENT'S IEP OR SECTION 504 PLAN; OR7
(d) A
POSITIONING OR SECURING DEVICE THAT IS USED TO8
FACILITATE THE STUDENT'S MEDICAL TREATMENT THAT IS RECOMMENDED9
FOR THE STUDENT BY A PHYSICIAN , OCCUPATIONAL THERAPIST , OR10
PHYSICAL THERAPIST; IS AGREED TO FOR USE BY THE STUDENT BY THE11
STUDENT'S IEP TEAM OR SECTION 504 TEAM; AND IS USED IN ACCORDANCE12
WITH THE STUDENT'S IEP OR SECTION 504 PLAN.13
(7) "P
HYSICAL RESTRAINT" MEANS THE USE OF BODILY, PHYSICAL14
FORCE TO LIMIT A STUDENT'S VOLUNTARY FREEDOM OF MOVEMENT FOR15
MORE THAN ONE MINUTE; EXCEPT THAT "PHYSICAL RESTRAINT" DOES NOT16
INCLUDE:17
(a) A PHYSICAL INTERVENTION ADMINISTERED ON A STUDENT18
THAT LASTS ONE MINUTE OR LESS FOR THE PROTECTION OF A STUDENT,19
OTHERS, OR PROPERTY;20
(b) THE HOLDING OF A STUDENT BY AN ADULT FOR THE PURPOSE21
OF CALMING OR COMFORTING THE STUDENT ;22
(c) MINIMAL PHYSICAL CONTACT FOR THE PURPOSE OF SAFELY23
ESCORTING A STUDENT FROM ONE PLACE TO ANOTHER ; OR24
(d) MINIMAL PHYSICAL CONTACT FOR THE PURPOSE OF ASSISTING25
A STUDENT WITH A TASK OR RESPONSE .26
(8) "P
RONE RESTRAINT" MEANS A RESTRAINT IN WHICH THE27
1248
-4- STUDENT WHO IS BEING RESTRAINED IS SECURED IN A FACE -DOWN1
POSITION.2
(9) "R
ESTRAINT" MEANS A METHOD OR DEVICE THAT IS USED TO3
LIMIT A STUDENT'S VOLUNTARY FREEDOM OF MOVEMENT . "RESTRAINT"4
INCLUDES SECLUSION, CHEMICAL RESTRAINT, MECHANICAL RESTRAINT,5
AND PHYSICAL RESTRAINT.
6
(10) (a) "SECLUSION" MEANS THE PLACEMENT OF AN INDIVIDUAL7
ALONE IN A ROOM OR AREA FROM WHICH EGRESS IS PREVENTED .8
"S
ECLUSION" IS A FORM OF RESTRAINT.9 (b) "SECLUSION" DOES NOT INCLUDE A TIME-OUT, WHICH IS THE10
REMOVAL OF A STUDENT FROM A POTENTIALLY REWARDING SITUATION , OR11
FROM A SITUATION THAT WOULD OTHERWISE PRODUCE NEGATIVE12
REINFORCEMENT. A TIME-OUT DOES NOT PREVENT A STUDENT 'S EGRESS.13
(11) "S
ECTION 504 PLAN" HAS THE SAME MEANING AS SET FORTH14
IN SECTION 22-20-123 (2).15
(12) "S
ECTION 504 TEAM" HAS THE SAME MEANING AS SET FORTH16
IN SECTION 22-20-123 (2).17
22-15.5-103. Prohibit restraint - exceptions. (1) E
XCEPT AS18
PROVIDED PURSUANT TO THIS ARTICLE 15.5, THE USE OF A RESTRAINT ON19
A STUDENT OF A LOCAL EDUCATION PROVIDER IS PROHIBITED WHEN THE20
STUDENT IS ON THE PROPERTY OF THE LOCAL EDUCATION PROVIDER OR IS21
PARTICIPATING IN AN OFF-CAMPUS ACTIVITY OR EVENT SPONSORED BY THE22
LOCAL EDUCATION PROVIDER .23
(2) T
HE PROHIBITION DESCRIBED IN SUBSECTION (1) OF THIS24
SECTION DOES NOT APPLY TO:25
(a) T
HE USE OF MECHANICAL, PHYSICAL, OR PRONE RESTRAINTS ON26
A STUDENT ENROLLED IN A
LOCAL EDUCATION PROVIDER WHO OPENLY27
1248
-5- DISPLAYS A DEADLY WEAPON , AS DEFINED IN SECTION 18-1-901;1
(b) T
HE USE OF MECHANICAL OR PRONE RESTRAINTS BY AN ARMED2
SECURITY OFFICER OR A CERTIFIED PEACE OFFICER WORKING IN A LOCAL3
EDUCATION PROVIDER'S FACILITIES WHEN THE OFFICER:4
(I) H
AS RECEIVED DOCUMENTED TRAINING IN DEFENSIVE TACTICS5
UTILIZING HANDCUFFING PROCEDURES ;6
(II) H
AS RECEIVED DOCUMENTED TRAINING IN RESTRAINT TACTICS7
UTILIZING PRONE RESTRAINT; AND8
(III) H
AS MADE A REFERRAL TO A LAW ENFORCEMENT AGENCY9
AND IS MAKING AN ARREST;10
(c) T
HE USE OF MECHANICAL, PHYSICAL, OR PRONE RESTRAINTS BY11
A SCHOOL RESOURCE OFFICER OR A LAW ENFORCEMENT OFFICER ACTING12
IN THE OFFICER'S OFFICIAL CAPACITY ON THE LOCAL EDUCATION13
PROVIDER'S PROPERTY, IN A LOCAL EDUCATION PROVIDER'S VEHICLE, OR14
AT AN ACTIVITY OR EVENT SPONSORED BY THE LOCAL EDUCATION15
PROVIDER IF THERE IS A DANGER TO THE STUDENT OR OTHERS OR DURING16
A CUSTODIAL ARREST THAT REQUIRES TRANSPORT ; AND17
(d) (I)
THE USE OF A PHYSICAL RESTRAINT OR SECLUSION IN AN18
EMERGENCY AFTER THE FAILURE OF LESS RESTRICTIVE ALTERNATIVES ; OR19
(II) THE USE OF A PHYSICAL RESTRAINT OR SECLUSION IN AN20
EMERGENCY AFTER A DETERMINATION THAT LESS RESTRICTIVE21
ALTERNATIVES WOULD BE INAPPROPRIATE OR INEFFECTIVE DURING THE22
EMERGENCY.23
(3) I
F A LOCAL EDUCATION PROVIDER USES A ROOM FOR SECLUSION24
AS A TYPE OF RESTRAINT, THERE MUST BE AT LEAST ONE WINDOW TO25
MONITOR THE STUDENT WHEN THE DOOR IS CLOSED . IF A WINDOW IS NOT26
FEASIBLE, MONITORING MUST BE WITH A VIDEO CAMERA . A STUDENT27
1248
-6- PLACED IN SECLUSION MUST BE CONTINUALLY MONITORED . THE ROOM1
MUST BE A SAFE SPACE FREE OF INJURIOUS ITEMS . THE ROOM USED FOR2
SECLUSION MUST NOT BE A ROOM THAT IS USED BY SCHOOL STAFF FOR3
STORAGE, CUSTODIAL PURPOSES, OR OFFICE SPACE.4
(4) (a) A
LOCAL EDUCATION PROVIDER THAT , OR LOCAL5
EDUCATION PROVIDER'S EMPLOYEE OR AGENT WHO , USES RESTRAINT6
SHALL USE THE RESTRAINT:7
(I) O
NLY FOR THE PURPOSE OF PREVENTING THE CONTINUATION OR8
RENEWAL OF THE APPROPRIATE CIRCUMSTANCES DESCRIBED IN9
SUBSECTION (2) OF THIS SECTION FOR THE INCIDENT;10
(II) O
NLY FOR THE PERIOD OF TIME NECESSARY TO ACCOMPLISH ITS11
PURPOSE; AND12
(III) I
N THE CASE OF PHYSICAL RESTRAINT , ONLY IF NO MORE13
FORCE THAN IS NECESSARY TO LIMIT THE INDIVI DUAL 'S FREEDOM OF14
MOVEMENT IS USED.15
(b) I
F PROPERTY DAMAGE MAY BE INVOLVED , RESTRAINT MAY16
ONLY BE USED WHEN THE DESTRUCTION OF PROPERTY WOULD RESULT IN17
A SERIOUS, PROBABLE, IMMINENT THREAT OF BODILY HARM TO SELF OR18
OTHERS AND WHEN THERE IS THE PRESENT ABILITY TO EFFECT SUCH19
BODILY HARM.20
(5) A LOCAL EDUCATION PROVIDER , OR LOCAL EDUCATION21
PROVIDER'S EMPLOYEE OR AGENT, SHALL NOT USE A RESTRAINT AS A:22
(a) FORM OF PUNISHMENT OR DISCIPLINARY SANCTION ;23
(b) PART OF A TREATMENT PLAN OR BEHAVIOR MODIFICATION24
PLAN; OR25
(c) FORM OF RETALIATION.26
22-15.5-104. General duties relating to use of restraint. (1) A27
1248
-7- LOCAL EDUCATION PROVIDER THAT , OR A LOCAL EDUCATION PROVIDER'S1
EMPLOYEE OR AGENT WHO , USES A RESTRAINT SHALL ENSURE THAT:2
(a) A
PHYSICAL RESTRAINT OF A STUDENT DOES NOT PLACE EXCESS3
PRESSURE ON THE CHEST OR BACK OF THE STUDENT OR INHIBIT OR IMPEDE4
THE STUDENT'S ABILITY TO BREATHE; AND5
(b) D
URING THE PHYSICAL RESTRAINT OF A STUDENT , THE6
STUDENT'S BREATHING IS NOT COMPROMISED .7
(2) A
LOCAL EDUCATION PROVIDER'S EMPLOYEE OR AGENT SHALL8
PROVIDE THE STUDENT RELIEF PERIODS FROM SECLUSION FOR REASONABLE9
ACCESS TO TOILET FACILITIES.10
(3) A
LOCAL EDUCATION PROVIDER'S EMPLOYEE OR AGENT SHALL11
RELEASE THE STUDENT IN PHYSICAL RESTRAINT WITHIN FIFTEEN MINUTES12
AFTER THE INITIATION OF THE PHYSICAL RESTRAINT , EXCEPT WHEN IT13
WOULD BE UNSAFE TO DO SO.14
22-15.5-105. Training concerning the use of restraint. (1) A15
LOCAL EDUCATION PROVIDER THAT USES RESTRAINT SHALL ENSURE THAT16
EMPLOYEES AND AGENTS WHO ARE INVOLVED IN USING RESTRAINT IN ITS17
FACILITIES OR PROGRAMS ARE TRAINED IN THE APPROPRIATE USE OF18
RESTRAINT.19
(2) A
LOCAL EDUCATION PROVIDER THAT USES RESTRAINT SHALL20
ENSURE THAT ALL EMPLOYEES AND AGENTS WHO ARE INVOLVED IN USING21
RESTRAINT IN ITS FACILITIES OR PROGRAMS ARE TRAINED TO EXPLAIN THE22
USE OF RESTRAINT TO THE STUDENT WHO IS TO BE RESTRAINED AND TO23
THE STUDENT'S FAMILY.24
22-15.5-106. Documentation requirements for restraint. (1) A25
LOCAL EDUCATION PROVIDER SHALL REQUIRE ITS EMPLOYEE OR AGENT26
WHO USES A RESTRAINT ON A STUDENT TO SUBMIT A WRITTEN REPORT OF27
1248
-8- THE INCIDENT TO THE LOCAL EDUCATION PROVIDER NO LATER THAN ONE1
SCHOOL DAY AFTER THE INCIDENT OCCURRED .2
(2) N
O LATER THAN JULY 1, 2025, EACH
LOCAL EDUCATION3
PROVIDER SHALL ESTABLISH A REVIEW PROCESS , AT LEAST ANNUALLY,4
AND DOCUMENT THE RESULTS OF EACH REVIEW PROCESS IN WRITING . THE5
PURPOSE OF EACH ANNUAL REVIEW PROCESS IS TO ENSURE THAT THE6
LOCAL EDUCATION PROVIDER IS PROPERLY ADMINISTERING RESTRAINT ,7
MINIMIZING AND PREVENTING THE USE OF RESTRAINT BY INCREASING THE8
USE OF POSITIVE BEHAVIOR INTERVENTIONS , AND REDUCING THE9
INCIDENCE OF INJURY TO STUDENTS , EMPLOYEES, AND AGENTS. EACH10
ANNUAL REVIEW PROCESS MUST INCLUDE , BUT IS NOT LIMITED TO:11
(a) A
NALYSIS OF INCIDENT REPORTS, INCLUDING CONSIDERATION12
OF PROCEDURES USED DURING THE RESTRAINT , PREVENTIVE OR13
ALTERNATIVE TECHNIQUES ATTEMPTED , DOCUMENTATION , AND14
FOLLOW-UP;15
(b) T
RAINING NEEDS OF STAFF;16
(c) S
TAFF-TO-STUDENT RATIOS;
17
(d) E
NVIRONMENTAL CONSIDERATIONS , INCLUDING PHYSICAL18
SPACE, STUDENT SEATING ARRANGEMENTS , AND NOISE LEVELS.19
(3) I
F A
PHYSICAL RESTRAINT IS USED FOR MORE THAN ONE MINUTE20
BUT LESS THAN FIVE MINUTES, THE LOCAL EDUCATION PROVIDER SHALL21
PROVIDE WRITTEN NOTICE ON THE DAY OF THE RESTRAINT TO THE PARENT22
OR LEGAL GUARDIAN OF THE STUDENT . THE WRITTEN NOTICE MUST23
INCLUDE THE DATE, THE NAME OF THE STUDENT, AND THE NUMBER OF24
RESTRAINTS USED THAT DAY THAT LASTED BETWEEN ONE AND FIVE25
MINUTES.26
(4) I
F A
PHYSICAL RESTRAINT IS USED FOR FIVE MINUTES OR MORE ,27
1248
-9- OR IF THE STUDENT IS PLACED IN SECLUSION FOR ANY LENGTH OF TIME ,1
THE LOCAL EDUCATION PROVIDER SHALL PROVIDE VERBAL NOTICE ON THE2
DAY OF THE PHYSICAL RESTRAINT OR SECLUSION TO THE PARENT OR LEGAL3
GUARDIAN OF THE STUDENT AND SHALL MAIL OR EMAIL A WRITTEN4
REPORT OF THE INCIDENT TO THE PARENT OR LEGAL GUARDIAN OF THE5
STUDENT NOT MORE THAN FIVE CALENDAR DAYS AFTER THE USE OF THE6
RESTRAINT ON THE STUDENT. THE WRITTEN REPORT MUST BE PLACED IN7
THE STUDENT'S CONFIDENTIAL FILE AND INCLUDE:8
(a) T
HE ANTECEDENT OF THE STUDENT 'S BEHAVIOR, IF KNOWN;9
(b) A
DESCRIPTION OF THE INCIDENT;10
(c) A
NY EFFORTS MADE TO DE-ESCALATE THE SITUATION;11
(d) A
NY ALTERNATIVES TO THE USE OF RESTRAINTS THAT WERE12
ATTEMPTED;13
(e) T
HE TYPE AND DURATION OF THE RESTRAINT USED ;14
(f) A
NY INJURIES THAT OCCURRED;
15
(g) T
HE NAMES OF THE LOCAL EDUCATION PROVIDER 'S EMPLOYEES16
OR AGENTS WHO WERE PRESENT AND EMPLOYEES AND AGENTS WHO WERE17
INVOLVED IN ADMINISTERING THE RESTRAINT ;
18
(h) T
HE START AND END TIME OF THE PHYSICAL RESTRAINT OR
19
SECLUSION;20
(i) D
ETAILS CONCERNING THE NOTIFICATION PROVIDED TO THE
21
PARENT OR LEGAL GUARDIAN ; AND22
(j) F
OR SECLUSION, DETAILS CONCERNING WHETHER THE DOOR
23
WAS OPENED OR CLOSED.24
(5) N
O LATER THAN JUNE 30, 2026, AND NO LATER THAN EVERY25
J
UNE 30 THEREAFTER, EACH LOCAL EDUCATION PROVIDER SHALL SUBMIT26
IN A REPORT TO THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION27
1248
-10- 22-1-138, THE INFORMATION FROM THE ANNUAL REVIEW CONDUCTED1
PURSUANT TO SUBSECTION (2) OF THIS SECTION AND THE FOLLOWING2
DATA:3
(a) THE TOTAL NUMBER OF PHYSICAL RESTRAINTS LASTING MORE4
THAN ONE MINUTE BUT LESS THAN FIVE MINUTES ;5
(b) THE TOTAL NUMBER OF PHYSICAL RESTRAINTS LASTING FIVE OR6
MORE MINUTES;7
(c) THE TOTAL NUMBER OF SECLUSIONS ;8
(d) THE TOTAL NUMBER OF STUDENTS WHO EXPERIENCED AT LEAST9
ONE PHYSICAL RESTRAINT LASTING MORE THAN ONE MINUTE BUT LESS10
THAN FIVE MINUTES;11
(e) THE TOTAL NUMBER OF STUDENTS WHO EXPERIENCED AT LEAST12
ONE PHYSICAL RESTRAINT LASTING FIVE MINUTES OR MORE ; AND13
(f) THE TOTAL NUMBER OF STUDENTS WHO EXPERIENCED AT LEAST14
ONE SECLUSION.15
(6) IF THERE IS A REASONABLE PROBABILITY THAT A PHYSICAL16
RESTRAINT OR SECLUSION MAY BE USED ON A SPECIFIC STUDENT, THE17
LOCAL EDUCATION PROVIDER SHALL PROVIDE WRITTEN NOTICE TO THE18
PARENT OR LEGAL GUARDIAN OF THE STUDENT, AND TO THE STUDENT, IF19
APPROPRIATE, REGARDING PHYSICAL RESTRAINT OR SECLUSION20
PROCEDURES THAT MAY BE USED, THE CIRCUMSTANCES IN WHICH21
PHYSICAL RESTRAINT OR SECLUSION MAY BE USED , AND THE LOCAL22
EDUCATION PROVIDER'S EMPLOYEES OR AGENTS WHO MAY BE INVOLVED.23
THE LOCAL EDUCATION PROVIDER SHALL MEET WITH A PARENT OR LEGAL24
GUARDIAN WHO RECEIVED A WRITTEN NOTICE PURSUANT TO THIS25
SUBSECTION (6) AND REQUESTS A MEETING TO DISCUSS THE WRITTEN26
NOTICE.27
1248
-11- (7) THE DEPARTMENT OF EDUCATION SHALL MAKE TRAINING1
AVAILABLE TO LOCAL EDUCATION PROVIDERS AND LOCAL EDUCATION2
PROVIDERS' EMPLOYEES AND AGENTS ON THE REQUIREMENTS OF THIS3
ARTICLE 15.5 AND ON THE STATE BOARD OF EDUCATION'S CORRESPONDING4
RULES FOR ADMINISTRATION.5
(8) THE DEPARTMENT OF EDUCATION HAS ENFORCEMENT6
AUTHORITY OVER RESTRAINT INVESTIGATION DECISIONS . THIS7
ENFORCEMENT AUTHORITY MUST FOLLOW THE SAME PROCEDURES8
OUTLINED FOR STATE COMPLAINTS UNDER THE FEDERAL "INDIVIDUALS9
WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 1400 ET SEQ., AND10
THE DEPARTMENT'S STATE-LEVEL COMPLAINT PROCEDURES .11
22-15.5-107. Rules. (1) N
O LATER THAN JANUARY 1, 2026, THE12
STATE BOARD OF EDUCATION SHALL ADOPT , AMEND, OR REPEAL RULES AS13
NECESSARY TO REFLECT THIS ARTICLE 15.5.14
(2) T
HE STATE BOARD OF EDUCATION SHALL ADOPT RULES15
ESTABLISHING A PROCESS BY WHICH A STUDENT , A STUDENT'S PARENT OR16
LEGAL GUARDIAN, OR A THIRD PARTY ON BEHALF OF A STUDENT OR17
STUDENT'S PARENT OR LEGAL GUARDIAN MAY FORMALLY COMPLAIN18
ABOUT THE USE OF RESTRAINT BY A LOCAL EDUCATION PROVIDER 'S19
EMPLOYEE OR AGENT. TO THE EXTENT PRACTICABLE, THE RULES MUST20
DETAIL THE PROCESS FOR FILING A STATE COMPLAINT UNDER THE FEDERAL21
"I
NDIVIDUALS WITH DISABILITIES EDUCATION ACT", 20 U.S.C. SEC. 140022
ET SEQ.23
(3) T
HE STATE BOARD OF EDUCATION MAY ADOPT RULES24
REGARDING THE USE OF RESTRAINT AND SECLUSION CONSISTENT WITH THE25
PROVISIONS OF THIS ARTICLE 15.5, INCLUDING CLARIFICATIONS26
CONCERNING SAFETY DESCRIBED IN SECTION 22-15.5-104.27
1248
-12- 22-15.5-108. Limitations. (1) N OTHING IN THIS ARTICLE 15.51
FORMS AN INDEPENDENT BASIS OF STATUTORY AUTHORITY FOR USING2
RESTRAINT.3
(2) N
OTHING IN THIS ARTICLE 15.5 AUTHORIZES A LOCAL4
EDUCATION PROVIDER TO IMPLEMENT POLICIES , PROCEDURES, OR5
STANDARDS, OR AUTHORIZES THE DEPARTMENT OF EDUCATION TO ADOPT6
RULES THAT WOULD LIMIT , DECREASE, OR ADVERSELY IMPACT ANY7
POLICIES, PROCEDURES, STANDARDS, RULES, OR ORDINANCES THAT8
PROVIDE GREATER PROTECTION CONCERNING THE USE OF RESTRAINT THAN9
IS DESCRIBED IN THIS ARTICLE 15.5.10 (3) THIS ARTICLE 15.5 DOES NOT PROHIBIT TRANSPORTATION11
PROVIDED BY THE LOCAL EDUCATION PROVIDER FROM HAVING SEAT12
BELTS, HARNESSES, CAR SEATS, OR OTHER DEVICES FOR PASSENGER13
SAFETY.14
SECTION 2. In Colorado Revised Statutes, 22-1-139, amend15
(1)(b)(VII) as follows:16
22-1-139. Accessible district profile reports - school climate17
reports and surveys - reporting - definition. (1) (b) The profile reports18
must include, but are not limited to:19
(VII) The number of students physically restrained; and20
SECTION 3. In Colorado Revised Statutes, 22-32-109.1, amend21
(2)(a)(I) introductory portion and (2)(a)(I)(L) as follows:22
22-32-109.1. Board of education - specific powers and duties23
- safe school plan - conduct and discipline code - safe school reporting24
requirements - school response framework - school resource officers25
- definitions. (2) Safe school plan. To provide a learning environment26
that is safe, conducive to the learning process, and free from unnecessary27
1248
-13- disruption, each school district board of education or institute charter1
school board for a charter school authorized by the charter school institute2
shall, following consultation with the school district accountability3
committee and school accountability committees, parents, teachers,4
administrators, students, student councils where available, and, where5
appropriate, the community at large, adopt and implement a safe school6
plan, or review and revise, as necessary in response to any relevant data7
collected by the school district, any existing plans or policies already in8
effect. In addition to the aforementioned parties, each school district9
board of education, in adopting and implementing its safe school plan,10
may consult with victims' advocacy organizations, school psychologists,11
local law enforcement, and community partners. The plan, at a minimum,12
must include the following:13
(a) Conduct and discipline code. (I) A concisely written conduct14
and discipline code that must be enforced uniformly, fairly, and15
consistently for all students. Copies of the code shall MUST be provided16
to each student upon enrollment at the preschool, elementary, middle, and17
high school levels and be posted or kept on file at each public school in18
the school district. The school district shall take reasonable measures to19
ensure that each student of each public school in the school district is20
familiar with the code. The code must include, but need not be limited to:21
(L) Information concerning the school district's policies for the22
use of restraint and seclusion on students, including a reference to section23
26-20-111 THE "PROTECTION OF STUDENTS FROM RESTRAINT AND24
S
ECLUSION ACT", ARTICLE 15.5 OF THIS TITLE 22, and information25
concerning the process for filing a complaint regarding the use of restraint26
or seclusion, as such process is set forth by rule of the state board27
1248
-14- pursuant to section 22-32-147 SECTION 22-15.5-107.1
2
SECTION 4. In Colorado Revised Statutes, 26-20-102, amend3
(1)(a)(III), (6) introductory portion, and (6)(c); repeal (1)(a)(VI); and add4
(1)(b)(V) as follows:5
26-20-102. Definitions. As used in this article 20, unless the6
context otherwise requires:7
(1) (a) "Agency" means:8
(III) Any public or private entity that has entered into a contract9
for services with an entity described in subsection (1)(a)(I)
OR (1)(a)(II)10
or (1)(a)(VI)
of this section;11
(VI) Any school district, including any school or charter school of12
a school district, and the state charter school institute established in13
section 22-30.5-503, including any institute charter school.14
(b) "Agency" does not include:15
(V) A
LOCAL EDUCATION PROVIDER , AS DEFINED PURSUANT TO16
SECTION 22-15.5-102.17
(6) "Restraint" means any method or device used to involuntarily18
limit freedom of movement, including bodily physical force, mechanical19
devices, or chemicals. Restraint must not be used as a form of discipline20
or to gain compliance. from a student
If property damage might be21
involved, restraint may only be used when the destruction of property22
could possibly result in bodily harm to the individual or another person.23
"Restraint" includes chemical restraint, mechanical restraint, and physical24
restraint. "Restraint" does not include:25
(c) The holding of an individual for less than one minute ONE26
MINUTE OR LESS by a staff person for protection of the individual or other27
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to permit the holding of a public school student in a prone position,2
except as described in section 26-20-111 (2), (3), or (4); or3
SECTION 5. In Colorado Revised Statutes, repeal 22-30.5-528,4
22-32-147, and 26-20-111.5
SECTION 6. Safety clause. The general assembly finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety or for appropriations for8
the support and maintenance of the departments of the state and state9
institutions.10
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