C.R.S. Section 22-32-147
Use of restraints on students

  • certain restraints prohibited
  • reports and review process
  • rules
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Chemical restraint” has the same meaning as set forth in section 26-20-102 (2).

(b)

“Mechanical restraint” has the same meaning as set forth in section 26-20-102 (4).

(b.7)

“Physical restraint” has the same meaning as set forth in section 26-20-102 (5).

(c)

“Prone position” means a face-down position.

(d)

“Prone restraint” means a restraint in which the individual being restrained is secured in a prone position.

(e)

“Restraint” has the same meaning as set forth in section 26-20-102 (6).

(2)

Pursuant to section 26-20-111, the use of a chemical, mechanical, or prone restraint upon a student in a school or charter school of a school district or board of cooperative services is prohibited.

(3)

Intentionally left blank —Ed.

(a)

On and after August 9, 2017, each school district shall require any school employee or volunteer who uses any type of restraint on a student of the school district to submit a written report of the incident to the administration of the school not later than one school day after the incident occurred.

(b)

On and after August 9, 2017, each school district shall establish a review process, conduct the review process at least annually, and document the results of each review process in writing. Each annual review process must include a review of each incident in which restraint was used on a student during the preceding year. The purpose of each annual review process is to ensure that the school 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. Each annual review process must include but is not limited to:

(I)

Analysis of incident reports, including consideration of procedures used during the restraint, preventative or alternative techniques attempted, documentation, and follow-up;

(II)

Training needs of staff;

(III)

Staff-to-student ratios; and

(IV)

Environmental considerations, including physical space, student seating arrangements, and noise levels.

(b.5)

If a physical restraint is more than one minute but less than five minutes, the notification requirement is a written notice to the parent on the day of the restraint. The written notice must include the date, the name of the student, and the number of restraints that day that lasted between one and five minutes.

(c)

If a physical restraint is five minutes or more, the school administration shall mail, fax, or e-mail a written report of the incident to the parent or legal guardian of the student not more than five calendar days after the use of the restraint on the student. The written report must be placed in the student’s confidential file and include:

(I)

The antecedent of the student’s behavior, if known;

(II)

A description of the incident;

(III)

Any efforts made to de-escalate the situation;

(IV)

Any alternatives to the use of restraints that were attempted;

(V)

The type and duration of the restraint used;

(VI)

Any injuries that occurred; and

(VII)

The staff members who were present and staff members who were involved in administering the restraint.

(d)

No later than June 30, 2023, and every June 30 thereafter, each school district shall submit the data from the annual review conducted pursuant to subsection (3)(b) of this section to the department of education pursuant to section 22-1-138.

(4)

On or before November 1, 2017, the state board shall promulgate rules establishing a process by which a student or a parent or legal guardian of a student may formally complain about the use of restraint or seclusion by any employee or volunteer of any school or charter school of a school district or board of cooperative services. To the extent practicable, the process must reflect the complaint process for filing a state complaint under the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq., as amended.

(5)

The department of education shall make training available on the “Protection of Individuals from Restraint and Seclusion Act”, sections 26-20-101 to 26-20-111, and on the department of education’s corresponding rules for administration of such act to individuals certified in the use of restraint.

(6)

The department of education has enforcement authority over the restraint investigation decisions. This enforcement authority must follow the same procedures outlined for state complaints under the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq., as amended, and the department’s state-level complaint procedures.

Source: Section 22-32-147 — Use of restraints on students - certain restraints prohibited - reports and review process - rules - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑32‑101
Corporate status of school districts 22‑32‑102
Corporate status - when questioned 22‑32‑103
Board of education - general powers and duties 22‑32‑104
Organization of board of education - definition 22‑32‑105
Duties - president and vice-president 22‑32‑106
Duties - secretary 22‑32‑107
Duties - treasurer 22‑32‑108
Meetings of the board of education - legislative intent 22‑32‑108.5
Board of education - distribution of additional mill levy revenue - definitions - legislative declaration 22‑32‑109
Board of education - specific duties - definitions 22‑32‑109.1
Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions 22‑32‑109.2
Board of education - specific duties - adoption of policy 22‑32‑109.3
Board of education - specific duties - student records 22‑32‑109.4
Colorado School Collective Bargaining Agreement Sunshine Act - board of education - specific duties 22‑32‑109.5
Board of education - specific duties - testing requirements - developmental education placement or assessment tests - intervention plans 22‑32‑109.6
Board of education - specific duties - class size reduction plans - alternative student achievement plans - definitions 22‑32‑109.7
Board of education - specific duties - employment of personnel - definitions 22‑32‑109.8
Applicants selected for nonlicensed positions - submittal of form and fingerprints - prohibition against employing persons - department database 22‑32‑109.9
Licensed personnel - submittal of fingerprints 22‑32‑110
Board of education - specific powers - definitions 22‑32‑110.6
Board of education - specific powers - “No Child Left Behind Act of 2001” 22‑32‑110.7
Board of education - specific powers - drug testing 22‑32‑111
Power of eminent domain 22‑32‑112
Oil and gas leases 22‑32‑113
Transportation of pupils - when 22‑32‑114
Transportation by parents of own children 22‑32‑115
Tuition for resident school-age children 22‑32‑116
Exclusion of nonresidents - exception 22‑32‑116.5
Extracurricular and interscholastic activities - definitions 22‑32‑117
Miscellaneous fees 22‑32‑118
Summer schools - continuation, evening, and community education programs 22‑32‑118.5
Intervention strategies - students at risk of dropping out - legislative declaration 22‑32‑118.6
Intervention strategies - improving mathematics outcomes - definitions 22‑32‑119
Kindergartens - definition 22‑32‑119.5
Full-day kindergarten - phase-in plan - report - legislative declaration 22‑32‑120
Food services - facilities - school food authorities - rules 22‑32‑121
Facsimile signature 22‑32‑122
Contract services, equipment, and supplies 22‑32‑123
Penalty 22‑32‑124
Building codes - zoning - planning - fees - rules - definitions 22‑32‑124.3
Energy-efficient design of school buildings and structures required - definitions 22‑32‑126
Principals - employment and authority 22‑32‑127
Leases or installment purchases for periods exceeding one year 22‑32‑128
Use of school vehicles by residents of district 22‑32‑131
Voter approval of repayment of loans for capital improvements made to a growth district 22‑32‑132
Diplomas - veterans 22‑32‑133
American sign language 22‑32‑133.5
Computer science courses - legislative declaration 22‑32‑134.5
Healthy beverages policy required 22‑32‑135
Financial literacy curriculum - definition 22‑32‑136
Children’s nutrition - healthful alternatives - information - facilities - local wellness policy - competitive foods 22‑32‑136.3
Children’s nutrition - no trans fats in school foods - definitions - rules 22‑32‑136.5
Children’s wellness - physical activity requirement - legislative declaration 22‑32‑137
Community service and service-learning 22‑32‑138
Out-of-home placement students - school stability, transfer, and enrollment procedures - absences - exemptions - provision of academic supports - report - definitions 22‑32‑138.5
Educational stability grant program - application - grants - fund created - rules - report - definition 22‑32‑139
Food allergies and anaphylaxis policy required 22‑32‑140
Standardized immunization policy required 22‑32‑141
Student awaiting trial as adult - educational services - definitions 22‑32‑142
Parent engagement - policy - communications - incentives 22‑32‑143
Local fiscal impact summaries 22‑32‑144
Restorative justice practices - legislative declaration 22‑32‑145
Native American language and culture instruction - general credit 22‑32‑146
School use of on-site peace officers as school resource officers 22‑32‑147
Use of restraints on students - certain restraints prohibited - reports and review process - rules - definitions 22‑32‑148
Food donations to nonprofit organizations encouraged 22‑32‑149
District scholarship programs - authorized 22‑32‑150
Contracting for facial recognition service by schools prohibited - definition - repeal 22‑32‑151
Testing for the presence of lead in drinking water in eligible schools - compliance with public health requirements - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 22-32-147’s source at colorado​.gov