Colorado State Board of Education
Department of Education

1 Colorado Code of Regulations 301-45

Adopted: 			December 14, 2000
 
Attorney General Opinion: 	December 18, 2000

Statutory Authority: 		C.R.S. 26-20-108, C.R.S. 22-2-107(1)(a) and 22-2-107(1)(c)

RULES
FOR THE ADMINISTRATION OF
THE PROTECTION OF PERSONS FROM RESTRAINT ACT

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- 2.00 	DEFINITIONS
  
  2.00(1) 	“Restraint” means any method or device used to limit freedom of
                                    movement, including but not limited to bodily physical force,
                                    mechanical devices, chemicals, and seclusion. The holding of a
 student for any length of time with any purpose or intent other                                                                    
 than providing safety and/or comfort and support is considered a 
 restraint.

 2.00(2) 	“Physical Restraint” means the use of bodily, physical force to limit an individual’s freedom of movement. “Physical Restraint” does not include holding of a student for less than five minutes by a staff person for protection of the individual or other persons. Holding appropriate to the student’s age, may only be used if the purpose and intent is to provide safety and/or comfort and support to the individual/student.

 2.00(3) 	“Seclusion” means the placement of a student alone in a room from which egress is prevented. Seclusion does not mean:

2.00(3)(a) 	placement of a student in residential services in his or her room for the night; or

2.00(3)(b) 	use of time-out as defined by written policies, rules,
procedures or guidelines developed by the Department of Education.

 2.00(4) 	“Chemical Restraint” means giving an individual medication, prescribed by their doctor, for the purpose of restraining that
individual; or chemicals or drugs, including prescription medication, orally administered on an “as needed” basis to limit the physical freedom of the student. Chemical restraint does not include:

2.00(4)(a) 	prescription medication that is regularly administered to the student for medical reasons rather than to restrain the student’s freedom of movement (e.g. Asthma-Cort);or

2.00(4)(b) 	the administration of medication pursuant to section 27-10-111 (4.5), C.R.S., or administration of medication for voluntary or life-saving medical procedures.

  2.00(5) 	“Emergency” means serious, probable, imminent threat of bodily harm to self or others within the education environment. Emergency situations may exist when a student is destructing property which could lead to harm to the student or others.

  2.00(6) 	“Mechanical Restraint” means a physical device used to restrict the movement of an individual or the movement or normal function of a portion of his or her body. “Mechanical Restraint” does not mean the use of protective devices or adaptive devices for providing physical support, prevention of injury, or voluntary or life-saving medical procedures.

  2.00(7) 	Public education programs, agencies, or services shall mean public schools, public school-sponsored events, collaborative education programs and programs serving publicly funded students, such as approved private special education schools and including the Division of Youth Corrections and its contracted programs. The Department of Corrections (adult corrections) or any public or private entity that has entered into a contract for services with the Department of Corrections is not included.

  2.00(8) 	"School Day" means any day or partial day that students are in attendance at the public education programs, agencies or services or sponsored events.

2.00(1)	“Bodily injury” means physical pain, illness or any impairment of physical or mental condition as defined in section 18-1-901(3)(c), C.R.S.

2.00(2)	“Emergency” means serious, probable, imminent threat of bodily injury to self or others with the present ability to effect such bodily injury. Emergency includes situations in which the student creates such a threat by abusing or destroying property.

2.00(3)	“Parent” means 

2.00(3)(a)	a biological or adoptive parent of a child; 

2.00(3)(b)	a foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; 

2.00(3)(c)	a guardian generally authorized to act as the child’s parent or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); 

2.00(3)(d)	an individual acting in the place of a biological or adoptive parent (including a grandparent, step-parent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare;

2.00(3)(e)	an educational surrogate parent who has been assigned in accordance with 1 c.c.r. 301-8 2220-R-6.02(8); 

2.00(3)(f)	Except as provided in section (3)(b) of this rule 2.00(3), The biological or adoptive parent, when attempting to act as the parent under these Rules and when more than one party is qualified under section (3) of this rule 2.00 to act as a parent, must be presumed to be the parent for the purposes of this Section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

2.00(3)(g)	If a judicial decree or order identifies a specific person or persons under Sections 3(a) through (d) of this Rule to act as the “parent” of a child or to make educational decisions on behalf of a child, then such persons(s) shall be determined to be the “parent” for the purposes of this Section 2.00(3). 

2.00(4)	 “Positional asphyxia” means an insufficient intake of   
 oxygen as a result of body position that interferes 
 with one’s ability to breathe.

2.00(5)           “Public Education agencY” 

2.00(5)(A) 	for the purposes of these rules only, means: 

2.00(5)(A)(i)	any public school district organized and existing under the laws of colorado except a junior college district;

2.00(5)(A)(iI)	The charter school institute as established in article 30.5 of Title 22, C.R.S.;

2.00(5)(A)(III)	The colorado school for the deaf and the blind as created by article 80 of title 22, c.r.s.;

 2.00(5)(A)(IV)	a board of cooperative education services as created by article 5 of title 22, c.r.s.;

2.00(5)(A)(V)	an approved facility school as defined in 22-2-402(1) c.r.s. operated by  an eligible facility; or

2.00(5)(A)(VI)	any public or private entity that has entered into a contract for services with an entity described in subsections (i) through (v) of this section 2.00(5)(a).

 2.00(5)(B)	“public education agency” does not include:

2.00(5)(B)(i)	educational schools, programs, or facilities operated by or under the supervision, rules or licensing authority of the colorado department of human services including:

2.00(5)(B)(I)(A)	the Division of Youth Corrections; 

2.00(5)(B)(I)(B)	the mental health institutes at fort logan and pueblo; and
 
2.00(5)(B)(I)(C)	an eligible facility that is a day treatment facility; or
					   
2.00(5)(B)(II)	educational schools, programs or facilities operated by or under the supervision of the colorado department of corrections.

2.00(5)(c)	these rules apply to public education agencies, as defined in Section 2.00(5)(a) and to all educational programs, activities or events provided, supervised or sponsored by such public agencies.

2.00(6)	“Restraint” means any method or device used to involuntarily limit freedom of movement, including but not limited to bodily physical force, mechanical devices, chemicals, and seclusion.

2.00(6)(a)	“Chemical restraint” means ADMINISTERING MEDICATION TO A STUDENT (INCLUDING MEDICATIONS PRESCRIBED BY HIS OR HER PHYSICIAN) ON AN AS NEEDED BASIS FOR THE SOLE PURPOSE OF INVOLUNTARILY LIMITING THE STUDENT’S FREEDOM OF MOVEMENT. “Chemical restraint” does not include:

2.00(6)(a)(i)	prescription medication that is regularly administered to the student for medical reasons OTHER than to restrain the student’s freedom of movement (e.g., Asthma-cort, MEDICATIONS USED TO TREAT MOOD DISORDERS OR aDHD, GLUCAGON); or

2.00(6)(a)(ii)	the administration of medication for voluntary or life-saving medical procedures (E.G., ePIPENS, DIASTAT). 

2.00(6)(b)	“Mechanical restraint” means a physical device used to involuntarily restrict the movement of a student or the movement or normal function of his or her body. “Mechanical restraint” does not include:
	
2.00(6)(b)(i)	devices recommended by a physician, occupational therapist, or physical therapist and agreed to by a student’s IEP team or Section 504 team and used in accordance with the student’s Individualized Education Program (IEP) or Section 504 plan;

2.00(6)(b)(ii)	protective devices such as helmets, mitts, and similar devices used to prevent self-injury and in accordance with a student’s IEP or Section 504 plan;

2.00(6)(b)(iii)	adaptive devices to facilitate instruction or therapy and used as recommended by an occupational therapist or physical therapist, and consistent with a student’s IEP or Section 504 plan; or

2.00(6)(b)(iv)	positioning or securing devices used to allow treatment of a student’s medical needs. 

2.00(6)(c)	“Physical restraint” means the use of bodily, physical force to involuntarily limit an individual’s freedom of movement. “Physical restraint” does not include:

2.00(6)(c)(i)	holding of a student for less than five minutes by a staff person for the protection of the student or others;

2.00(6)(c)(ii)	brief holding of a student by one adult for the purpose of calming or comforting the student;

2.00(6)(c)(iii)	minimal physical contact for the purpose of safely escorting a student from one area to another; or

2.00(6)(c)(iv)	minimal physical contact for the purpose of assisting the student in completing a task or response.

2.00(6)(d)	“Seclusion” means the placement of a student alone in a room from which egress is involuntarily prevented. “Seclusion” does not mean:

2.00(6)(d)(i)	placement of a student in residential services in his or her room for the night; or

2.00(6)(d)(ii)	“time-out” which is THE REMOVAL OF A STUDENT FROM POTENTIALLY REWARDING PEOPLE OR SITUATIONS. A TIME-OUT IS NOT USED PRIMARILY TO CONFINE THE STUDENT, BUT TO LIMIT ACCESSIBILITY to REINFORCEMENT. IN A TIME-OUT, THE INDIVIDUAL IS NOT PHYSICALLY PREVENTED FROM LEAVING THE DESIGNATED TIME-OUT AREA. SUCH A TIME-OUT REQUIRES EFFECTIVE MONITORING BY STAFF. 

2.00(7)	"School Day" means any day or partial day that students are in attendance at the public education programs, agencies or services or sponsored events.

2.00(8)	“sTUDENT,” FOR THE PURPOSES OF THESE RULES ONLY, MEANS ANY INDIVIDUAL AGED 3 – 21 YEARS.

2620-R- 2.01 	BASIS FOR THE USE OF RESTRAINT

2.01(1) 	Restraints shall only be used in an emergency and with extreme caution and is limited to situations in which there is serious, probable and imminent threat of bodily harm by a student with the present ability to cause such harm.

  2.01(2)	In all other situations less restrictive alternatives including, but not limited to, positive behavior supports, constructive, non-physical deescalation and re-structuring of the environment shall be used.

  2.01(3) 	School personnel shall:

2.01(3)(a) 	administer restraints only when needed to ensure the safety of the student and the school community, and only when needed to prevent the continuation or renewal of an emergency, in accordance with Section 2.01(1) of these Rules;

2.01(3)(b) 	use restraints only for the period of time necessary to accomplish its purpose and using no more force than is necessary; and

2.01(3)(c) 	prioritize prevention of harm to the student if a restraint is administered.

  2.01(4) 	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(5) 	Devices intended for physical/occupational therapy uses must never be used as a mechanical 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 guidelines

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

2.02(1)(a)(i) 	restraint will be administered by staff who have been trained to assure the physical safety of the student;

2.02(1)(a)(ii) 	no restraint is administered in such a way that the student is prevented from breathing or communicating;

2.02(1)(a)(iii) 	no restraint is administered in such a way that places excess pressure on the student’s chest, back, or extremities;

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

2.02(1)(a)(v) 	a student’s behavior plan or IEP must address the specific circumstances, procedures and staff involved if there is a possibility that restraint might be used as part of crisis management;

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

2.02(1)(a)(vii) 	when the restraint is no longer necessary to protect the student or ensure the safety of others, the restraint must be removed; and

2.02(1)(a)(viii) 	when it is anticipated that restraint will be used in an emergency situation written parent/guardian permission must be obtained.

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. In 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” and/or “Mechanical restraints” may only be used according to policy and procedures approved by the agency’s licensing or regulatory authority, and in accordance with a student’s IEP or behavior support plan.

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)	ARE DETAINING A STUDENT FOR LAW ENFORCEMENT.

2.02(2)(bC) 	"Physical restraint"

2.02(2)(bC)(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)(bC)(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)(bC)(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)	any 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; and

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)	If 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. For 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(12) 	If restraints are used, a written report must be submitted within one (1) school day to school administration.

2.04(23) 	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(3) 	A written report shall be mailed, E-mailed, or faxed to the parent(s) within thirty-six (36) hours following the use of restraint and a copy placed in the student’s confidential file.

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) 	Each public education program 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 are 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.

In the case of students who have behavior support plans identified in their IEPs, the IEP team, including the parent, shall meet to determine if the supplementary aids and services identified in the IEP are being provided, if those identified supplementary aids and services are appropriate and if changes to the behavior plan are needed.

2.05(1)	Each 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. For students with IEPs or Section 504 plans, such a review may occur through the IEP or Section 504 process. 

2.05(2) 	Each public education program shall ensure that a general review
process is established and conducted at least annually. The purpose of the general review process is to ascertain that procedures are appropriate. The review shall include but is not 
limited to:

2.05(2)(a) 	analysis of incident reports, including but not limited to procedures used during the restraint, preventative or alternative techniques tried, documentation and followup;

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.

2.05(2)	Each public education agency shall ensure that a general review process, documented in writing, is established, and 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.