2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › SCHOOL DISTRICTS (§§ 22-30-101 — 22-38-115) › Article 30.5 - Charter Schools (§§ 22-30.5-101 — 22-30.5-704) › Part 5 - INSTITUTE CHARTER SCHOOLS (§§ 22-30.5-501 — 22-30.5-530) › Section 22-30.5-528 - Institute charter schools - use of restraints on students - certain restraints prohibited - reports and review process - complaints and investigations - 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)
.
(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)
The "Protection of Individuals from Restraint and Seclusion Act", sections
26-20-101
to
26-20-111
, sets forth the key definitions and prohibitions on the use of restraints, including the use of restraints on students, described in section
26-20-111
.
(3)
(a)
On and after August 9, 2017, each institute charter school shall require any school employee or volunteer who uses any type of restraint on a student of the institute charter school to submit a written report of the incident to the institute charter school's administration not later than one school day after the incident occurred.
(b)
On and after August 9, 2017, each institute charter school 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 institute charter school 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.
(d)
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.
(e)
No later than June 30, 2023, and every June 30 thereafter, each institute charter school 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 institute charter school. 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 create and implement rigorous standards for training school staff and administrators on the "Protection of Individuals from Restraint and Seclusion Act", sections
26-20-101
to
26-20-111
.
Amended by 2022 Ch. 243, § 4, eff. 5/26/2022.
Added by 2017 Ch. 270, § 5, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1276), ch. 270, p. 1490, § 5, effective August 9.
For the legislative declaration in HB 17-1276, see section 1 of chapter 270, Session Laws of Colorado 2017.