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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2017-00377

CCR details

Tracking Number 2017-00377
Type of Filing Permanent Rule
Department 300 Department of Education
Agency 301 Colorado State Board of Education
CCR Number 1 CCR 301-45

Proposed rule

Notice Filed with SOS 08/18/2017
Rule ProposedRuleAttach2017-00377.doc
Additional Information AddInfoAttach2017-00377.doc
Statutory Authority C.R.S. 26-20-101, et seq. Specifically, C.R.S. 26-20-108. Authority for amendment, 22-32-147, C.R.S and 22-30.5-528, C.R.S.
Description of Subjects/Issues 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. 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. The statutory authority for amendments to these Rules is found in Section 22-32-147, C.R.S and Section 22-30.5-528, C.R.S. The purpose of these amendments is to conform to the changes made in HB 17-1276 to update the definitions section of the rules, generally prohibit the use of prone holds and restraints, and outline the process for complaints concerning the use of restraint or seclusion on a student.
Purpose/Objective of Rule This rulemaking is a direct result of HB 17-1276 Concerning Prohibiting the Use of Certain Restraints Upon Public School Students, which required the State Board to establish, by rule, a process by which parents and students could file a complaint regarding a public education agency’s inappropriate use of restraint on a student. Section 2.07 of the rules addresses this process.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB17-1276
Hearing Date 10/11/2017
Hearing Time 01:15 PM
Hearing Location 201 E. Colfax Ave., Room 101 - State Board Room
Contact Name Elizabeth Cordial
Contact Title Director
Contact Telephone 303-866-6809
Contact email cordial_e@cde.state.co.us

Adopted rule

Adopted Rules AdoptedRules02017-00377.doc
Redline Redline2017-00377.doc
Adopted Date 10/11/2017
AGO requested date 10/20/2017
Attorney General Opinion 10/30/2017
Colorado Register publication date 11/10/2017
Effective Date 11/30/2017
Inserted into CCR 11/14/2017