Colorado § 22-15.5-106 - Documentation requirements for restraint.

§ 22-15.5-106. Documentation requirements for restraint.

(1) A local education provider shall require its employee or agent who uses a restraint on a student to submit a written report of the incident to the local education provider no later than one school day after the incident occurred.

(2) No later than July 1, 2025, each local education provider shall establish a review process, at least annually, and document the results of each review process in writing. The purpose of each annual review process is to ensure that the local education provider is properly administering restraint, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students, employees, and agents. Each annual review process must include, but is not limited to:

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

(b) Training needs of staff;

(c) Staff-to-student ratios;

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

(3) If a physical restraint is used for more than one minute but less than five minutes, the local education provider shall provide written notice on the day of the restraint to the parent or legal guardian of the student. The written notice must include the date, the name of the student, and the number of restraints used that day that lasted between one and five minutes.

(4) If a physical restraint is used for five minutes or more, or if the student is placed in seclusion for any length of time, the local education provider shall provide verbal notice on the day of the physical restraint or seclusion to the parent or legal guardian of the student and shall mail or email 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:

(a) The antecedent of the student's behavior, if known;

(b) A description of the incident;

(c) Any efforts made to de-escalate the situation;

(d) Any alternatives to the use of restraints that were attempted;

(e) The type and duration of the restraint used;

(f) Any injuries that occurred;

(g) The names of the local education provider's employees or agents who were present and employees and agents who were involved in administering the restraint;

(h) The start and end time of the physical restraint or seclusion;

(i) Details concerning the notification provided to the parent or legal guardian; and

(j) For seclusion, details concerning whether the door was opened or closed.

(5) 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:

(a) The total number of physical restraints lasting more than one minute but less than five minutes;

(b) The total number of physical restraints lasting five or more minutes;

(c) The total number of seclusions;

(d) The total number of students who experienced at least one physical restraint lasting more than one minute but less than five minutes;

(e) The total number of students who experienced at least one physical restraint lasting five minutes or more; and

(f) The total number of students who experienced at least one seclusion.

(6) If there is a reasonable probability that a physical restraint or seclusion may be used on a specific student, the local education provider shall provide written notice to the parent or legal guardian of the student, and to the student, if appropriate, regarding physical restraint or seclusion procedures that may be used, the circumstances in which physical restraint or seclusion may be used, and the local education provider's employees or agents who may be involved. The local education provider shall meet with a parent or legal guardian who received a written notice pursuant to this subsection (6) and requests a meeting to discuss the written notice.

(7) The department of education shall make training available to local education providers and local education providers' employees and agents on the requirements of this article 15.5 and on the state board of education's corresponding rules for administration.

(8) The department of education has enforcement authority over 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., and the department's state-level complaint procedures.

Source: L. 2025: Entire article added, (HB 25-1248), ch. 251, p. 1256, § 1, effective May 24.