Colorado

"Mechanical restraint" means a physical device used to involuntarily restrict the movement of a student or the movement or normal function of the student's body. "Mechanical restraint" does not include devices recommended by a physician, occupational therapist, or physical therapist and agreed to by a student's Individualized Education Program (IEP) team or Section 504 team and used in accordance with the student's IEP or Section 504 plan; protective devices such as helmets, mitts, and similar devices used to prevent self-injury and in accordance with a student's IEP or Section 504 plan; adaptive devices to facilitate instruction or therapy and used as recommended by an occupational therapist or physical therapist, and consistent with a student's IEP or Section 504 plan; or positioning or securing devices used to allow treatment of a student's medical needs.

“Physical restraint” means the use of bodily, physical force to involuntarily limit an individual’s freedom of movement for one (1) minute or more. “Physical restraint” does not include: the use of protective or adaptive devices for providing physical support, prevention of injury, or voluntary or life-saving medical procedures; holding of a student for less than one (1) minute by a staff member for the protection of the student or others, except that nothing in this policy may be interpreted to permit the holding of a student in a prone position, except as described below (“Momentary Holds”); brief holding of a student by one adult for the purpose of calming or comforting the student (“Physical Co-Regulation”); minimal physical contact for the purpose of safely escorting a student from one area to another (“Physical Escort”); or minimal physical contact for the purpose of assisting the student in completing a task or response (“Physical Prompting”).

"Chemical restraint" means giving an individual medication involuntarily for the purpose of restraining that individual; except that "chemical restraint" does not include the involuntary administration of medication pursuant to section 27-65-111 (5), C.R.S., or administration of medication for voluntary or life-saving medical procedures.

“time-out,” which means the removal of a student from potentially rewarding people or situations. A time-out is not used primarily to confine the student but to limit accessibility to reinforcement. In time-out, the student is not physically prevented from leaving the designated time-out area and is effectively monitored by staff.

“Seclusion” means the placement of a student alone in a room from which egress is involuntarily prevented. Unlike physical restraints, there is no minimum time limit that triggers a seclusion. Rather, if a student is placed alone in a room for which egress is involuntarily prevented for any amount of time, this constitutes a seclusion, and the duties and notification requirements apply. “Seclusion” does not mean: placement of a student in residential services in the student’s room for the night; or “time-out,” which means the removal of a student from potentially rewarding people or situations. A time-out is not used primarily to confine the student but to limit accessibility to reinforcement. In time-out, the student is not physically prevented from leaving the designated time-out area and is effectively monitored by staff.

As used in this section, unless the context otherwise requires, "corporal punishment" means the willful infliction of, or willfully causing the infliction of, physical pain on a child. "Corporal punishment" does not include an amount of force that is reasonable and necessary to quell a disturbance that threatens physical injury to persons or damage to property, necessary for purposes of self-defense, or used to obtain possession of a weapon or other dangerous object within the control of a child; or physical pain or discomfort caused by athletic competition or other similar physical activity in which a child is voluntarily engaged.

Any space where a student is secluded shall have adequate lighting, ventilation, and size, be free of injurious items, and have at least one window for monitoring when the door is closed. If the space does not have a window, monitoring shall be conducted through a video camera. If the school uses a designated seclusion room, then the room shall be dedicated to the purpose of de-escalating students in a safe manner and shall not be a room that is used by school staff for storage, custodial, or office space.

A local education provider that, or local education provider's employee or agent who, uses restraint shall use the restraint only for the purpose of preventing the continuation or renewal of the appropriate circumstances described in subsection (2) of this section for the incident; only for the period of time necessary to accomplish its purpose; and, in the case of physical restraint, only if no more force than is necessary to limit the individual's freedom of movement is used. If property damage may be involved, restraint may only be used when the destruction of property would result in a serious, probable, imminent threat of bodily harm to self or others and when there is the present ability to effect such bodily harm. A local education provider, or local education provider's employee or agent, shall not use a restraint as a form of punishment or disciplinary sanction; part of a treatment plan or behavior modification plan; or form of retaliation. 22-15.5-104. General duties relating to use of restraint. A local education provider that, or a local education provider's employee or agent who, uses a restraint shall ensure that a physical restraint of a student does not place excess pressure on the chest or back of the student or inhibit or impede the student's ability to breathe; and that during the physical restraint of a student, the student's breathing is not compromised. A local education provider's employee or agent shall provide the student relief periods from seclusion for reasonable access to toilet facilities. A local education provider's employee or agent shall release the student in physical restraint within fifteen minutes after the initiation of the physical restraint, except when it would be unsafe to do so.

Prohibit restraint - exceptions. Except as provided pursuant to this Article 15.5, the use of a restraint on a student of a local education provider is prohibited when the student is on the property of the local education provider or is participating in an off-campus activity or event sponsored by the local education provider. The prohibition described in subsection (1) of this section does not apply to the use of mechanical, physical, or prone restraints on a student enrolled in a local education provider who openly displays a deadly weapon, as defined in Section 18-1-901; or the use of mechanical or prone restraints by an armed security officer or a certified peace officer working in a local education provider's facilities when the officer has received documented training in defensive tactics utilizing handcuffing procedures; has received documented training in restraint tactics utilizing prone restraint; and has made a referral to a law enforcement agency and is making an arrest.

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(3) IF A LOCAL EDUCATION PROVIDER USES A ROOM FOR SECLUSION AS A TYPE OF RESTRAINT, THERE MUST BE AT LEAST ONE WINDOW TO MONITOR THE STUDENT WHEN THE DOOR IS CLOSED. IF A WINDOW IS NOT FEASIBLE, MONITORING MUST BE WITH A VIDEO CAMERA. A STUDENT PLACED IN SECLUSION MUST BE CONTINUALLY MONITORED. THE ROOM MUST BE A SAFE SPACE FREE OF INJURIOUS ITEMS. THE ROOM USED FOR SECLUSION MUST NOT BE A ROOM THAT IS USED BY SCHOOL STAFF FOR STORAGE, CUSTODIAL PURPOSES, OR OFFICE SPACE.

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For all seclusions and physical restraints lasting five (5) minutes or more, the school principal or designee shall verbally notify the student's parents as soon as possible, but no later than the end of the school day, that the restraint was used. Within one (1) school day, the staff involved shall submit a written report regarding the incident to the school administration. Within two (2) school days, appropriate school staff shall meet to review the incident. This review shall include, but not be limited to, review of the incident, including review of the written report submitted by the staff involved and any related documentation to ensure the use of alternative strategies; recommendations for adjustment of procedures, if appropriate; and follow-up communication with the student and student's family. A written report based on the findings of the staff review shall be e-mailed, faxed, or mailed to the student's parent within five (5) calendar days of the use of restraint. The written report of the use of restraint shall include the antecedent to the student's behavior, if known; a description of the incident; efforts made to de-escalate the situation; alternatives that were attempted; the type and duration of the restraint used; injuries that occurred, if any; and the staff present and staff involved in administering the restraint. A copy of the written report shall be placed in the student's educational record and forwarded to the Director of Special Education or designee. If requested by the District or the student's parents, the District shall convene a meeting with parents to review the incident. For students with IEPs or Section 504 plans, such review may occur through the IEP or Section 504 process.

A written report based on the findings of the staff review shall be e-mailed, faxed, or mailed to the student's parent within five (5) calendar days of the use of restraint. The written report of the use of restraint shall include the antecedent to the student's behavior, if known; a description of the incident; efforts made to de-escalate the situation; alternatives that were attempted; the type and duration of the restraint used; injuries that occurred, if any; and the staff present and staff involved in administering the restraint. A copy of the written report shall be placed in the student's educational record and forwarded to the Director of Special Education or designee. If requested by the District or the student's parents, the District shall convene a meeting with parents to review the incident. For students with IEPs or Section 504 plans, such review may occur through the IEP or Section 504 process.

The District shall establish, conduct, and document in writing a general review at least annually. The purpose of the general review is to ascertain that the District is properly administering restraint, identifying additional training needs, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff. The review shall include, but is not limited to: an analysis of incident reports, including all reports prepared to fulfill the documentation requirements outlined in the policy but not limited to procedures used during the restraint, the preventative or alternative techniques tried, and staff compliance with documentation and review requirements; training needs of staff; staff-to-student ratio; and environmental conditions, including physical space, student seating arrangements, and noise levels.

The District shall establish, conduct, and document in writing a general review at least annually. The purpose of the general review is to ascertain that the District is properly administering restraint, identifying additional training needs, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff. The review shall include, but is not limited to: an analysis of incident reports, including all reports prepared to fulfill the documentation requirements outlined in the policy but not limited to procedures used during the restraint, the preventative or alternative techniques tried, and staff compliance with documentation and review requirements; training needs of staff; staff-to-student ratio; and environmental conditions, including physical space, student seating arrangements, and noise levels. Data from the annual review must be submitted to the Colorado Department of Education beginning no later than June 30, 2023 and every June 30 thereafter.

No later than June 30, 2026, and no later than every June 30 thereafter, each local education provider shall submit in a report to the Department of Education pursuant to Section 22-1-138, the information from the annual review conducted pursuant to subsection (2) of this section and the following data: the total number of physical restraints lasting more than one minute but less than five minutes; the total number of physical restraints lasting five or more minutes; the total number of seclusions; the total number of students who experienced at least one physical restraint lasting more than one minute but less than five minutes; the total number of students who experienced at least one physical restraint lasting five minutes or more; and the total number of students who experienced at least one seclusion.

https://ed.cde.state.co.us/cdereval/restraintseclusion-statistics

Public and Private contracted by public

The District shall ensure that staff utilizing restraint in schools is trained in accordance with the State Board rules. Training shall include a continuum of prevention techniques; environmental management; a continuum of de-escalation techniques; nationally recognized physical management and restraint practices, including, but not limited to, techniques that allow restraint in an upright or sitting position and information about the dangers created by prone restraint; methods to explain the use of restraint to the student who is to be restrained and to the student's family; and appropriate documentation and notification procedures. Retraining shall occur at a frequency of at least every two years.