2620-R- 1.00 STATEMENT OF BASIS AND PURPOSE

1.00(1) These Rules were developed in accordance with C.R.S. 26-20-101, et seq. Specific statutory authority for the development of these Rules comes from C.R.S. 26-20-108. These Rules are provided pursuant to the terms of the "Protection of Persons from Restraint Act". These Rules outline the procedures to be followed in the administration of restraint, staff training, documentation requirements, and the review of the use of restraint.

1.00(2) The statutory authority for the amendments to these Rules is found in 26-20-108, C.R.S. The purpose of these amendments is to conform these Rules to the Protection of Persons from Restraint Act; add clarifying language; and reorganize these Rules to provide enhanced clarification for implementation. …

2620-R- 2.01 BASIS FOR THE USE OF RESTRAINT

2.01(1) Restraints shall only be used:

• 2.01(1)(a) In an emergency and with extreme caution; and

• 2.01(1)(b) after

• 2.01(1)(b)(i) the failure of less restrictive alternatives (such as Positive Behavior Supports, constructive and non-physical de-escalation, and re-structuring the environment); or

• 2.01(1)(b)(ii) a determination that such alternatives would be inappropriate or ineffective under the circumstances.

2.01(2) Restraints must never be used as a punitive form of discipline or as a threat to control or gain compliance of a student's behavior.

2.01(3) School personnel shall:

• 2.01(3)(a) use restraints only for the period of time necessary and using no more force than is necessary; and

• 2.01(3)(b) prioritize the prevention of harm to the student.

2620-R- 2.02 DUTIES RELATED TO THE USE OF RESTRAINT

2.02(1) General Requirements

• 2.02(1)(a) When restraints, including seclusion, are used, the public education program shall ensure that:

• 2.02(1)(a)(i) no restraint is administered in such a way that the student is inhibited or impeded from breathing or communicating;

• 2.02(1)(a)(ii) no restraint is administered in such a way that places excess pressure on the student's chest, back, or causes positional asphyxia;

• 2.02(1)(a)(iii) restraints are administered only by staff who have received training, in accordance with Section 2.03 of these Rules;

• 2.02(1)(a)(iv) opportunities to have the restraint removed are provided to the student who indicates that (s)he is willing to cease the violent or dangerous behavior;

• 2.02(1)(a)(v) when it is determined by trained staff that the restraint is no longer necessary to protect the student or others (i.e., the emergency no longer exists), the restraint must be removed. I n the case of seclusion, staff must reintegrate the student or clearly communicate to the student that (s)he is free to leave the area used to seclude the student; and

• 2.02(1)(a)(vi) student is reasonably monitored to ensure the student's physical safety.

• 2.02(2) Proper administration of specific restraints.

• 2.02(2)(a) "Chemical restraints" shall not be used by public education agencies.

• 2.02(2)(b) "Mechanical restraints" shall not be used by public education agencies, except that this provision shall not apply to armed security officers who:

• 2.02(2)(b)(i) Have received documented training in defensive tactics utilizing handcuffing procedures; and

• 2.02(2)(b)(ii) A re detaining a student for law enforcement.

• 2.02(2)(c) "Physical restraint"

• 2.02(2)(c)(i) A person administering the physical restraint must use only the amount of force necessary to stop the dangerous or violent actions of the student.

• 2.02(2)(c)(ii) A restrained student must be continuously monitored to ensure that the breathing of the student in such physical restraint is not compromised.

• 2.02(2)(c)(iii) A student shall be released from physical restraint within fifteen minutes after the initiation of the restraint, except when precluded for safety reasons.

• 2.02(2)(d) "Seclusion"

• 2.02(2)(d)(i) relief periods from seclusion shall be provided for reasonable access to toilet facilities; and

• 2.02(2)(d)(ii) a ny space in which a student is secluded must have adequate lighting, ventilation, and size. To the extent possible under the specific circumstances, the space should be free of injurious items. 2620-R- 2.03 STAFF TRAINING

2.03 All public educational programs shall ensure that staff utilizing restraint in schools or facilities are trained. Training shall include:

2.03(1) a continuum of prevention techniques;

2.03(2) environmental management;

2.03(3) a continuum of de-escalation techniques;

2.03(4) 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;

2.03(5) methods to explain the use of restraint to the student who is to be restrained and to the individual's family;

2.03(6) appropriate documentation and notification procedures; and

2.03(7) retraining at a frequency of at least every two years.

2620-R- 2.04 DOCUMENTATION AND NOTIFICATION REQUIREMENTS

2.04(1) I f there is a reasonable probability that restraint might be used with a particular student, appropriate school staff must notify, in writing, the parents and, if appropriate, the student of the restraint procedures (including types of restraints) that might be used; specific circumstances in which restraint might be used; and staff involved. F or students with disabilities, if the parents request a meeting with school personnel to discuss the notification, school personnel must ensure that the meeting is convened. this notification may occur at the meeting where the student's Behavior Plan or IEP is developed/reviewed.

2.04(2) If restraints are used, a written report must be submitted within one (1) school day to school administration.

2.04(3) The school principal or designee shall verbally notify the parents as soon as possible but no later than the end of the school day that the restraint was used.

2.04(4) A written report based on the findings of the staff review referenced in section 2.05(1)(a) of these Rules, must be emailed, faxed, or mailed to the parent within five (5) calendar days of the use of restraint. The written report of the use of restraint must include:

• 2.04(4)(a) the antecedent to the student's behavior if known;

• 2.04(4)(b) a description of the incident;

• 2.04(4)(c) Efforts made to deescalate the situation;

• 2.04(4)(d) alternatives that were attempted;

• 2.04(4)(e) the type and duration of the restraint used;

• 2.04(4)(f) injuries that occurred, if any; and

• 2.04(4)(g) the staff present and staff involved in administering the restraint.

2.04(5) A copy of the written report on the use of restraint shall be placed in the student's confidential file.

2620-R- 2.05 REVIEW OF THE USE OF RESTRAINT

2.05(1) E ach public education agency shall ensure that a review process is established and conducted for each incident of restraint used. The purpose of this review shall be to ascertain that appropriate procedures were followed and to minimize future use of restraint. The review shall include, but is not limited to:

• 2.05(1)(a) staff review of the incident;

• 2.05(1)(b) follow up communication with the student and his/her family;

• 2.05(1)(c) review of the documentation to ensure use of alternative strategies; and

• 2.05(1)(d) recommendations for adjustment of procedures, if appropriate.

• If requested by the public education agency or the parent(s) of the student, the public education agency shall convene a meeting to review the incident. F or students with IEP s or Section 504 plans, such a review may occur through the IEP or Section 504 process.

2.05(2) Each public education agency shall ensure that a general review process is established, conducted and documented in writing at least annually. The purpose of the general review is to ascertain that the public education agency 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:

• 2.05(2)(a) analysis of incident reports, including all reports prepared pursuant to 2.04(2) and 2.04(4); including but not limited to procedures used during the restraint, preventative or alternative techniques tried, documentation, and follow up;

• 2.05(2)(b) training needs of staff;

• 2.05(2)(c) staff to student ratio; and

• 2.05(2)(d) environmental considerations, including physical space, student seating arrangements, and noise levels.

2620-R- 2.06 EXCEPTIONS

2.06(1) The provisions in these Rules shall not apply to peace officers, as defined in section 16-2.5-101, C.R.S. et seq. who are acting within the scope of their employment or in accordance with section 16-3-109, C.R.S.

2.06(2) The provisions in these rules shall not apply to any public education agency while engaged in transporting a student from one facility or location to another facility or location when it is within the scope of that agency's powers and authority to effect such transportation

(L) Information concerning the school district's policies for the use of restraint and seclusion on students, including a reference to section 26-20-111 and information concerning the process for filing a complaint regarding the use of restraint or seclusion, as such process is set forth by rule of the state board pursuant to section 22-32-147.

(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) (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.

(c) Not more than five calendar days after the use of restraint on a student, the school administration shall mail, fax, or e-mail a written report of the incident to the parent or legal guardian of 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.

(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.

(1) Except as provided otherwise in this section, and notwithstanding any other provision of this article 20, the use of a chemical, mechanical, or prone restraint upon a student of a school of a school district, charter school of a school district, or institute charter school is prohibited when the student is on the property of any agency or is participating in an off-campus, school-sponsored activity or event.

(2) The prohibition described in subsection (1) of this section does not apply to the use of mechanical or prone restraints on a student of a school of a school district, charter school of a school district, or institute charter school who is openly displaying a deadly weapon, as defined in section 18-1-901 (3)(e).

(3) The prohibition described in subsection (1) of this section does not apply to the use of mechanical or prone restraints by an armed security officer or a certified peace officer working in a school of a school district, charter school of a school district, or institute charter school when the officer:

• (a) Has received documented training in defensive tactics utilizing handcuffing procedures;

• (b) Has received documented training in restraint tactics utilizing prone holds; and

• (c) Has made a referral to a law enforcement agency.

(4) The prohibition described in subsection (1) of this section does not apply to schools operated in state-owned facilities within the division of youth services.