New Mexico

"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;

"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;

Not defined.

Not separately defined, but the seclusion definition expressly excludes a voluntary behavior-management technique, including a timeout location, under the specified student plans.

"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, behavioral plan or individualized education program that involves the student's separation from a larger group for purposes of calming.

Not defined

No specific space requirements identified.

6.11.2.10(E)(1)(a)-(d) NMAC. (1) Schools shall establish policies and procedures, as approved by the local school board or governing body, for the use of restraint and seclusion techniques. Schools shall review such policies and procedures on a triennial basis, before submitting the school safety plan. (a) A school may permit the use of restraint or seclusion techniques on any student only if the student’s behavior presents an imminent danger of serious physical harm to the student or others and only if less restrictive interventions appear insufficient to mitigate the imminent danger of serious physical harm. Less restrictive interventions include de-escalation strategies, positive behavioral intervention supports, or other comparable behavior management techniques. (b) The restraint or seclusion techniques shall be used only by school employees who are trained in de-escalation strategies, positive behavioral intervention supports, and the safe and effective use of restraint and seclusion techniques, unless an emergency does not allow sufficient time to summon those trained school employees. (c) The restraint or seclusion techniques shall not impede the student’s ability to breathe or speak, shall be in proportion to a student’s age and physical condition, and shall end when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others. (d) If a restraint or seclusion technique is used on a student, trained and authorized school employees shall maintain continuous visual observation and monitoring of the student while the restraint or seclusion technique is in use.

“Restraint,” when not otherwise modified, means mechanical or physical restraint. § 22-5-4.12(I)(4) NMSA 1978. Therefore, the criterion for use of mechanical restraint is the same as physical restraint. 6.11.2.10(E)(1)(a)-(d) NMAC. (1) Schools shall establish policies and procedures, as approved by the local school board or governing body, for the use of restraint and seclusion techniques. Schools shall review such policies and procedures on a triennial basis, before submitting the school safety plan. (a) A school may permit the use of restraint or seclusion techniques on any student only if the student’s behavior presents an imminent danger of serious physical harm to the student or others and only if less restrictive interventions appear insufficient to mitigate the imminent danger of serious physical harm. Less restrictive interventions include de-escalation strategies, positive behavioral intervention supports, or other comparable behavior management techniques. (b) The restraint or seclusion techniques shall be used only by school employees who are trained in de-escalation strategies, positive behavioral intervention supports, and the safe and effective use of restraint and seclusion techniques, unless an emergency does not allow sufficient time to summon those trained school employees. (c) The restraint or seclusion techniques shall not impede the student’s ability to breathe or speak, shall be in proportion to a student’s age and physical condition, and shall end when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others. (d) If a restraint or seclusion technique is used on a student, trained and authorized school employees shall maintain continuous visual observation and monitoring of the student while the restraint or seclusion technique is in use.

Not specified.

6.11.2.10(E)(1)(a)-(d) NMAC. (1) Schools shall establish policies and procedures, as approved by the local school board or governing body, for the use of restraint and seclusion techniques. Schools shall review such policies and procedures on a triennial basis, before submitting the school safety plan. (a) A school may permit the use of restraint or seclusion techniques on any student only if the student’s behavior presents an imminent danger of serious physical harm to the student or others and only if less restrictive interventions appear insufficient to mitigate the imminent danger of serious physical harm. Less restrictive interventions include de-escalation strategies, positive behavioral intervention supports, or other comparable behavior management techniques. (b) The restraint or seclusion techniques shall be used only by school employees who are trained in de-escalation strategies, positive behavioral intervention supports, and the safe and effective use of restraint and seclusion techniques, unless an emergency does not allow sufficient time to summon those trained school employees. (c) The restraint or seclusion techniques shall not impede the student’s ability to breathe or speak, shall be in proportion to a student’s age and physical condition, and shall end when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others. (d) If a restraint or seclusion technique is used on a student, trained and authorized school employees shall maintain continuous visual observation and monitoring of the student while the restraint or seclusion technique is in use.

Prohibited. Research note: New Mexico does not define “corporal punishment” in the applicable public-school regulation. However, 6.11.2.10(F) NMAC requires each local school board to prohibit corporal punishment pursuant to § 22-5-4.3(B) NMSA 1978 and specifies that restraint or seclusion techniques used in compliance with 6.11.2.10(E) NMAC are not deemed corporal punishment.

Not specified

Yes

6.11.2.10(E)(6)(a)-(b) (a) A school employee shall provide the student's parent with written or oral notice on the same day the incident occurred, unless circumstances prevent same-day notification. If notice is not provided on the same day of the incident, notice shall be given within 24 hours after the incident. (b) Within a reasonable time following the incident, no longer than two school days, a school employee shall provide the student's parent 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.

6.11.2.10(E)(6)(c) NMAC: Schools shall report to the department, through the department’s data collection and reporting system, the following information on a timeline and reporting frequency established by the department: (i) all instances in which a restraint or seclusion technique is used; (ii) all instances in which law enforcement is summoned instead of using a restraint or seclusion technique; (iii) the names of the students and school personnel involved in an incident in which restraint or seclusion was used; and (iv) if a student was restrained, the type of restraint, including mechanical restraint or physical restraint, that was used.

6.11.2.10(E)(6)(c) NMAC: Schools shall report restraint and seclusion incidents to the department through the department’s data collection and reporting system on a timeline and reporting frequency established by the department. NMPED collects restraint and seclusion data at the 40-day, 80-day, 120-day, and End-of-Year (EOY) reporting periods each school year.

6.11.2.10(E)(5)(d) NMAC: To improve internal practices relative to incidents of restraint or seclusion, schools shall conduct an annual review and analysis of all incidents in which restraint or seclusion techniques were used, including the number of incidents, the type of incident, personnel involved, the need for additional training, and student demographics. 6.11.2.10(E)(6)(c) NMAC: Schools shall report to the department, through the department’s data collection and reporting system, the following information on a timeline and reporting frequency established by the department: (i) all instances in which a restraint or seclusion technique is used; (ii) all instances in which law enforcement is summoned instead of using a restraint or seclusion technique; (iii) the names of the students and school personnel involved in an incident in which restraint or seclusion was used; and (iv) if a student was restrained, the type of restraint, including mechanical restraint or physical restraint, that was used.

6.11.2.10(E)(6)(c) NMAC requires reporting according to the timeline and reporting frequency established by NMPED. NMPED identifies the reporting periods as 40 Day, 80 Day, 120 Day, and End of Year (EOY)

Not publicly published / No statewide annual report identified.

Public Schools

6.11.2.10(E)(1)(b) NMAC: The restraint or seclusion techniques shall be used only by school employees who are trained in de-escalation strategies, positive behavioral intervention supports, and the safe and effective use of restraint and seclusion techniques, unless an emergency does not allow sufficient time to summon those trained school employees. 6.11.2.10(E)(3)(a) NMAC: School districts and charter schools shall provide training for designated school personnel regarding de-escalation strategies, positive behavioral intervention supports, or other comparable behavior management techniques and the use of restraint or seclusion techniques. Designated school personnel shall attend training at least every two years or complete a certification course, exam, or other comparable demonstration of competency that provides evidence that the individual has up-to-date knowledge of proper restraint and seclusion techniques. 6.11.2.10(E)(3)(b) NMAC: In the event that new designated school personnel are identified within the school after the provision of the training, certification course, exam, or other comparable demonstration of competency, the school district or charter school shall ensure that a training or other competency demonstration is provided to new designated school personnel within 60 days of being designated.