During the 2022 and 2023 legislative sessions, two bills were signed into law impacting mandatory school policies and practices around physical intervention, restraints and seclusion of students. In 2023 House Bill 23-1191 was passed, explicitly prohibiting corporal punishment in public schools. Additionally, in 2022, House Bill 22-1376 was passed, establishing new and modifying existing requirements regarding restraints and seclusion in public schools. In May 2023, the State Board approved revisions to 1 CCR 301-45 to conform to changes made by House Bill 22-1376. The changes became effective on June 30, 2023.
Restraints and seclusion must only be used by trained employees in an emergency and with extreme caution after the failure of less restrictive alternatives and a determination that such alternatives would be inappropriate or ineffective. The revised regulations outline procedures related to:
- The administration of restraints and seclusion;
- Staff training;
- Documentation and notification requirements; and
- The review of the use of restraints and seclusion.
CSI schools should review the new requirements and revise their policies and practices. Additionally, CSI schools should ensure that a comprehensive review process is established for the appropriate use of restraint. This includes documenting incidents and the school’s review of incidents in the Statewide Student Information System (SIS) and reporting required data to the state annually via the School Discipline Collection. Schools should contact firstname.lastname@example.org for questions related to the revised annual restraint and seclusion data reporting requirements. Additional resources, and a sample policy are provided below.
- House Bill 22-1376 Supportive Learning Environments For K-12 Students – Effective May 26, 2022
- Rules for the Administration of the Protection of Persons from Restraint Act – Effective June 30, 2023 (A red-lined version can be accessed here)
- House Bill 23-1191 Concerning Corporal Punishment of Children in Certain Public Settings – Effective April 20, 2023
- CSI Advisory Bulletin: Physical Intervention Restraints and Seclusion in Public Schools
- CSI Sample Policy: Physical Intervention, Restraints and Seclusion
Looking for more? Check out CDE’s self-guided, self-paced Training on the Restraints and Seclusion Regulations