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HOUSE BILL 260
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Yanira Gurrola and Eleanor Chávez
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO PUBLIC SCHOOLS; ADDRESSING ALLOWABLE RESPONSES TO
STUDENT BEHAVIOR; LIMITING THE USE OF PHYSICAL RESTRAINT;
PROHIBITING OTHER TYPES OF RESTRAINT AND SECLUSION; REQUIRING
TRAINING; REQUIRING DOCUMENTATION OF BEHAVIORS AND TECHNIQUES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-5-4.12 NMSA 1978 (being Laws 2017,
Chapter 33, Section 1) is amended to read:
"22-5-4.12. USE OF PHYSICAL RESTRAINT [AND SECLUSION ]--
PROHIBITED ACTIVITIES --TECHNIQUES--REQUIREMENTS.--
A. As used in this section:
(1) "chemical restraint" means a medication
used to control behavior or movement; provided that "chemical
restraint" does not include the administration of medication
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prescribed by a health care provider as standard treatment for
the mental or physical condition of a student;
(2) "de-escalation" means a process that
involves using communication or other techniques to reduce the
intensity of a potentially violent situation or conflict;
(3) "elopement" means a student leaving an
assigned area without permission from or knowledge of a school
employee;
(4) "first responder" means a person based
outside of a public school who functions within the emergency
medical services system and who is dispatched to a public
school to provide initial emergency aid;
(5) "less restrictive intervention" includes
positive behavior interventions and supports and de-escalation;
(6) "mechanical restraint" means applying a
device or an object to the student's body that restricts the
student's free movement; provided that "mechanical restraint"
does not include adaptive devices, mechanical supports, vehicle
safety restraints or other devices or objects that are
prescribed by a health care provider or authorized by parental
consent for a student;
(7) "physical escort" means touching or
holding of the hand, wrist, arm, shoulder or back to induce a
student to walk to a safe location;
(8) "physical restraint" means the use of
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physical force without the use of any device or material that
restricts the free movement of all or a portion of the
student's body but does not include physical escort;
(9) "prone restraint" means a method of
intervention in which a student's face and frontal part of the
body are placed in a downward position touching a surface for
any amount of time;
(10) "restraint", when not otherwise modified,
means physical restraint;
(11) "seclusion" means the involuntary
confinement of a student alone in a room or area from which
egress is prevented and without continuous line-of-sight
supervision; provided that "seclusion" does not mean the use of
voluntary behavior management techniques, including a time-out
location, as part of a student's education plan, individual
safety plan, behavioral plan or individualized education
program that involves the student's separation from a larger
group for purposes of calming the student; and
(12) "time-out" means a continuum of behavior
management techniques designed to address inappropriate student
behavior that begin with minimally intrusive strategies up to
separation of the student from classmates for some amount of
time before a return to the classroom.
B. The following activities are prohibited in
public schools:
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(1) seclusion;
(2) chemical restraint;
(3) mechanical restraint; and
(4) prone restraint.
[A.] C. A public school may [permit] allow the use
of physical restraint [or seclusion ] techniques on [any] a
student only if [both of the following apply ]:
(1) the student's behavior presents an
imminent danger of serious physical harm to the student or
others; and
(2) less restrictive interventions [appear ]
are insufficient to mitigate the imminent danger of serious
physical harm;
[B. If a restraint or seclusion technique is used
on a student:
(1) school employees shall maintain continuous
visual observation and monitoring of the student while the
restraint or seclusion technique is in use;
(2) the restraint or seclusion technique shall
end when the student's behavior no longer presents an imminent
danger of serious physical harm to the student or others;
(3) the restraint or seclusion technique shall
be used only by school employees who are trained in the safe
and effective use of restraint and seclusion techniques unless
an emergency situation does not allow sufficient time to summon
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those trained school employees;
(4) the restraint technique employed shall not
impede the student's ability to breathe or speak; and
(5) the restraint technique shall not be out
of proportion to the student's age or physical condition ] or
(3) the student is eloping and the conditions
in Paragraphs (1) and (2) of this subsection are also met. For
elopement that falls short of conditions in Paragraph (1) or
(2) of this subsection, physical restraint is not authorized,
but physical escort may be appropriate .
[C.] D. Schools shall establish policies and
procedures for the training and use of positive behavior
interventions and supports, de-escalation and physical
restraint [or seclusion ] techniques in a school safety plan;
provided that the school safety plan shall:
(1) be in accordance with guidance issued by
the department;
[(1) the school safety plan shall ] (2) not be
specific to [any] an individual student; [and
(2) any school safety plan shall ] (3) be
drafted by a planning team that includes at least one person
trained and certified in positive behavior interventions and
supports, de-escalation and restraint techniques and at least
one special education expert;
(4) address school district supports and
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strategies applicable to physical restraint for school
employees to successfully reintegrate a student who has been
physically restrained back into the school or classroom;
(5) address elopement in a separate section
and shall have procedures for elopement that requires physical
restraint and elopement that requires interventions less than
restraint; and
(6) be approved by the department.
E. Training of school employees designated in the
school safety plan shall occur biannually and in the same year
as hiring for a new school employee. All training shall be
approved by the department. At least one administrator at each
public school shall receive training addressing Paragraphs (1),
(2) and (5) of this subsection, and other school employees
shall be designated to receive training as necessary to carry
out the provisions of this section, as approved by the
department. Training shall include:
(1) less restrictive interventions, including
positive behavior interventions and supports and de-escalation;
(2) hypothetical-situation training for
triaging use of less restrictive interventions or physical
restraint;
(3) practice sessions on physical restraint
techniques;
(4) physical restraint techniques in
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proportion to the student's age or physical condition; and
(5) monitoring, documenting and reporting when
physical restraint is used.
F. If a physical restraint technique is used on a
student:
(1) school employees shall maintain continuous
visual observation and monitoring of the student while the
restraint technique is in use;
(2) the physical restraint technique shall end
immediately when the student's behavior no longer presents an
imminent danger of serious physical harm to the student or
others;
(3) the physical restraint technique shall be
used only by school employees who are trained in the safe and
effective use of restraint techniques unless an emergency
situation does not allow sufficient time to summon those
trained school employees and the imminent danger to the student
or others is greater than the risk of harm of the physical
restraint to the student;
(4) the physical restraint technique employed
shall not impede the student's ability to breathe or
communicate; and
(5) the physical restraint technique shall not
be out of proportion to the student's age or physical condition
and should be consistent with the medical or other needs of the
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student known to the person applying the restraint.
G. Time-out shall not be used as a punishment.
[D.] H. Schools shall establish reporting and
documentation procedures to be followed when a physical
restraint [or seclusion ] technique has been used on a student.
The procedures shall include the following provisions:
(1) a school employee shall provide the
student's parent [or guardian ] with written or oral notice on
the same day that the incident occurred, unless circumstances
prevent same-day notification. If the notice is not provided
on the same day of the incident, notice shall be given within
twenty-four hours after the incident;
(2) within [a reasonable time ] three school
days following the incident, a school employee shall provide
the student's parent [or guardian ] with written documentation
[that includes information about any persons, locations or
activities that may have triggered the behavior, if known, and
specific information about the behavior and its precursors, the
type of restraint or seclusion technique used and the duration
of its use; and] on a department-issued form that includes:
(a) any known precursors that may have
triggered the behavior, such as specific persons, locations or
activities;
(b) a description of the behavior;
(c) the reason for physical restraint;
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(d) any less restrictive interventions
attempted or, if none were attempted, why;
(e) the duration of the physical
restraint;
(f) the location of the physical
restraint;
(g) the techniques used;
(h) the staff involved in the physical
restraint; and
(i) the date of the involved staff's
last training pursuant to this section ;
(3) schools shall review strategies used to
address a student's dangerous behavior with a person trained
and certified in de-escalation and restraint techniques if use
of restraint [or seclusion ] techniques for an individual
student has occurred [two or more times ] more than one time
during any [thirty-calendar-day period ] school year. The
review shall include:
(a) a review of the incidents in which
restraint [or seclusion ] techniques were used and an analysis
of how future incidents may be avoided, including whether the
student may be eligible for special education or requires a
functional behavioral assessment; and
(b) [a meeting of the student's ] if the
student has an individualized education program team,
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behavioral intervention plan team or student assistance team, a
requirement that the team must meet within two weeks of each
use of restraint [or seclusion after the second ] when more than
one use occurs within a [thirty-calendar-day period ] school
year to provide written recommendations for avoiding future
incidents requiring the use of physical restraint [or
seclusion]; and
(4) a parent has a right to request an
individualized education program team, behavioral intervention
plan team or student assistance team meeting after an instance
of physical restraint .
[E.] I. If a school summons law enforcement instead
of using a physical restraint [or seclusion ] technique on a
student, the school shall comply with the reporting,
documentation and review procedures established pursuant to
[Subsection D of] this section.
[F. Policies regarding restraint and seclusion
shall consider school district support and strategies for
school employees to successfully reintegrate a student who has
been restrained or secluded back into the school or classroom
environment.
G.] J. The provisions of this section shall not be
interpreted as addressing the conduct of law enforcement or
first responders.
[H.] K. The provisions of this section do not apply
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to any school located within a county juvenile detention center
or a state-operated juvenile facility.
[I. For the purposes of this section:
(1) "first responder" means a person based
outside of a school who functions within the emergency medical
services system and who is dispatched to a school to provide
initial emergency aid;
(2) "mechanical restraint" means the use of
any device or material attached or adjacent to the student's
body that restricts freedom of movement or normal access to any
portion of the student's body and that the student cannot
easily remove, but "mechanical restraint" does not include
mechanical supports or protective devices;
(3) "physical restraint" means the use of
physical force without the use of any device or material that
restricts the free movement of all or a portion of a student's
body, but "physical restraint" does not include physical
escort;
(4) "restraint" when not otherwise modified
means mechanical or physical restraint; and
(5) "seclusion" means the involuntary
confinement of a student alone in a room from which egress is
prevented. "Seclusion" does not mean the use of a voluntary
behavior management technique, including a timeout location, as
part of a student's education plan, individual safety plan,
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behavioral plan or individualized education program that
involves the student's separation from a larger group for
purposes of calming.]"
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