Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)
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- CA Statutes
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- Colorado
CaliforniaCalifornia law recognizes that “the state has continually sought to provide an appropriate and meaningful educational program in a safe and healthy environment for all children regardless of possible physical, mental, or emotionally disabling conditions.” California Education Code [EC] identifies procedures to follow to ensure this. In addition, specific guidance and procedures on dealing with emergency situations are included. These statutes, regulations, and guidance include the following: CA StatutesCA Education Code 30 EC 56520—Behavioral Interventions Legislative Findings, Declarations and Intent http://www3.scoe.net/speced/laws_search/searchDetailsLaws.cfm?id=522&keywords=behavioral%20interventions CA Education Code 30 EC 56521—Application of Chapter on Behavioral Interventions http://www3.scoe.net/speced/laws_search/searchDetailsLaws.cfm?id=484&keywords=behavior CA Education Code 30 EC 56523—Regulations Pertaining to Behavioral Interventions http://www3.scoe.net/speced/laws_search/searchDetailsLaws.cfm?id=726&keywords=behavior CA Education Code 30 EC 56524—Teacher Training in Appropriate Behavioral Interventions http://www3.scoe.net/speced/laws_search/searchDetailsLaws.cfm?id=334&keywords=behavior CA Education Code 30 EC 56525—Board Certified Behavior Analyst http://www3.scoe.net/speced/laws_search/searchDetailsLaws.cfm?id=887&keywords=behavior CA RegulationsCA Code of Regulations 5 CCR 3052—Behavioral Intervention Plans http://www.cde.ca.gov/sp/se/lr/om110707.asp 5CCR 3052—Key PointsBehavioral Intervention Plan:
Emergency Interventions:
Incident Reporting:
TrainingThrough its three Diagnostic Centers, the California Department of Education provides statewide professional development and training opportunities to educators and families. In 2008–2009, the Diagnostic Center, Southern California, offered a training strand on positive behavioral supports that included classes on “Medical Interventions for Children with Behavior Disorders,” and “Nonviolent Crisis Intervention,” which focused on providing for the best possible care and welfare of assaultive, disruptive, or out-of-control individuals, even during violent moments. The Diagnostic Center, Central California, offered classes in minimizing disruptive behaviors and in providing behavior supports for students with severe disabilities. In association with the Diagnostic Centers, the Positive Environments, Network of Trainers (PENT) provides information and resources for educators working to achieve high educational outcomes through the use of proactive positive strategies. Evidence-based positive practices and other helpful information are disseminated statewide through the PENT Web site. Colorado26-20-101. Short title. This article shall be known and may be cited as the "Protection of Persons from Restraint Act". Source: L. 99: Entire article added, p. 377, § 1, effective April 22. 26-20-102. Definitions. As used in this article, unless the context otherwise requires: (1) (a) "Agency" means: (I) Any one of the principal departments of state government created in article 1 of title 24, C.R.S., or any division, section, unit, office, or agency within one of such principal departments of state government, except as excluded in paragraph (b) of this subsection (1); (II) Any county, city and county, municipality, school district, or other political subdivision of the state or any department, division, section, unit, office, or agency of such county, city and county, municipality, school district, or other political subdivision of the state; (III) Any public or private entity that has entered into a contract for services with an entity described in subparagraph (I) or (II) of this paragraph (a); (IV) Any public or private entity licensed or certified by one of the entities described in subparagraph (I) or (II) of this paragraph (a); (V) A person regulated pursuant to article 43 of title 12, C.R.S. (b) "Agency" does not include: (I) The department of corrections or any public or private entity that has entered into a contract for services with such department; (II) Any law enforcement agency of the state or of a political subdivision of the state; (III) A juvenile probation department or division authorized pursuant to section 19-2-204, C.R.S.; (IV) Any county department of social services when engaged in performance of duties pursuant to part 3 of article 3 of title 19, C.R.S. (2) "Chemical restraint" means giving an individual medication involuntarily for the purpose of restraining that individual; except that "chemical restraint" does not include the involuntary 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. (3) "Emergency" means a serious, probable, imminent threat of bodily harm to self or others where there is the present ability to effect such bodily harm. (4) "Mechanical restraint" means a physical device used to involuntarily restrict the movement of an individual or the movement or normal function of a portion of his or her body. (5) "Physical restraint" means the use of bodily, physical force to involuntarily limit an individual's freedom of movement; except that "physical restraint" does not include the holding of a child by one adult for the purposes of calming or comforting the child. (6) "Restraint" means any method or device used to involuntarily limit freedom of movement, including but not limited to bodily physical force, mechanical devices, or chemicals. "Restraint" includes a chemical restraint, a mechanical restraint, a physical restraint, and seclusion. "Restraint" does not include: (a) The use of any form of restraint in a licensed or certified hospital when such use: (I) Is in the context of providing medical or dental services that are provided with the consent of the individual or the individual's guardian; and (II) Is in compliance with industry standards adopted by a nationally recognized accrediting body or the conditions of participation adopted for federal medicare and medicaid programs; (b) The use of protective devices or adaptive devices for providing physical support, prevention of injury, or voluntary or life-saving medical procedures; (c) The holding of an individual for less than five minutes by a staff person for protection of the individual or other persons; (d) Placement of an inpatient or resident in his or her room for the night; or (e) The use of time-out as may be defined by written policies, rules, or procedures of an agency. (7) "Seclusion" means the placement of a person alone in a room from which egress is involuntarily prevented. Source: L. 99: Entire article added, p. 377, § 1, effective April 22. L. 2004: (1)(a)(V) added, p. 920, § 28, effective July 1. 26-20-103. Basis for use of restraint. (1) Subject to the provisions of this article, an agency may only use restraint: (a) In cases of emergency; and (b) (I) After the failure of less restrictive alternatives; or (II) After a determination that such alternatives would be inappropriate or ineffective under the circumstances. (2) An agency that uses restraint pursuant to the provisions of subsection (1) of this section shall use such restraint: (a) For the purpose of preventing the continuation or renewal of an emergency; (b) For the period of time necessary to accomplish its purpose; and (c) In the case of physical restraint, using no more force than is necessary to limit the individual's freedom of movement. (3) In addition to the circumstances described in subsection (1) of this section, a facility, as defined in section 27-10-102 (4.5), C.R.S., that is designated by the executive director of the department of human services to provide treatment pursuant to section 27-10-105, 27-10-106, 27-10-107, or 27-10-109, C.R.S., to a person with mental illness, as defined in section 27-10-102 (8.5), C.R.S., may use seclusion to restrain a person with a mental illness when the seclusion is necessary to eliminate a continuous and serious disruption of the treatment environment. (4) (a) The general assembly recognizes that skilled nursing and nursing care facilities that participate in federal medicaid programs are subject to federal statutes and regulations concerning the use of restraint in such facilities that afford protections from restraint in a manner consistent with the purposes and policies set forth in this article. (b) If the use of restraint in skilled nursing and nursing care facilities licensed under state law is in accordance with the federal statutes and regulations governing the medicare program set forth in 42 U.S.C. sec. 1395i-3(c) and 42 CFR part 483, subpart B and the medicaid program set forth in 42 U.S.C. sec. 1396r(c) and 42 CFR part 483, subpart B and with the rules of the department of public health and environment relating to the licensing of these facilities, there shall be a conclusive presumption that such use of restraint is in accordance with the provisions of this article. (5) (a) The general assembly recognizes that article 10.5 of title 27, C.R.S., and the rules promulgated pursuant to the authority set forth in that article, address the use of restraint on a person with a developmental disability. (b) If any provision of this article concerning the use of restraint conflicts with any provision concerning the use of restraint stated in article 10.5 of title 27, C.R.S., or any regulation adopted pursuant thereto, the provision of article 10.5 of title 27, C.R.S., or the regulation adopted pursuant thereto shall prevail. (6) The provisions of this article shall not apply to any agency while engaged in transporting a person 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.
(1) Notwithstanding the provisions of section 26-20-103, an agency that uses restraint shall ensure that: (a) At least every fifteen minutes, staff shall monitor any individual held in mechanical restraints to assure that the individual is properly positioned, that the individual's blood circulation is not restricted, that the individual's airway is not obstructed, and that the individual's other physical needs are met; (b) No physical or mechanical restraint of an individual shall place excess pressure on the chest or back of that individual or inhibit or impede the individual's ability to breathe; (c) During physical restraint of an individual, an agent or employee of the agency shall check to ensure that the breathing of the individual in such physical restraint is not compromised; (d) A chemical restraint shall be given only on the order of a physician who has determined, either while present during the course of the emergency justifying the use of the chemical restraint or after telephone consultation with a registered nurse, licensed physician assistant, or other authorized staff person who is present at the time and site of the emergency and who has participated in the evaluation of the individual, that such form of restraint is the least restrictive, most appropriate alternative available; Editor's note: This version of paragraph (d) is effective until January 1, 2009. (d) A chemical restraint shall be given only on the order of a physician or an advanced practice nurse with prescriptive authority who has determined, either while present during the course of the emergency justifying the use of the chemical restraint or after telephone consultation with a registered nurse, licensed physician assistant, or other authorized staff person who is present at the time and site of the emergency and who has participated in the evaluation of the individual, that such form of restraint is the least restrictive, most appropriate alternative available. Nothing in this subsection (1) shall modify the requirements of section 26-20-102 (2) or 26-20-103 (3). Editor's note: This version of paragraph (d) is effective January 1, 2009. (e) An order for a chemical restraint, along with the reasons for its issuance, shall be recorded in writing at the time of its issuance; (f) An order for a chemical restraint shall be signed at the time of its issuance by such physician if present at the time of the emergency; (g) An order for a chemical restraint, if authorized by telephone, shall be transcribed and signed at the time of its issuance by an individual with the authority to accept telephone medication orders who is present at the time of the emergency; (h) Staff trained in the administration of medication shall make notations in the record of the individual as to the effect of the chemical restraint and the individual's response to the chemical restraint. (2) For individuals in mechanical restraints, agency staff shall provide relief periods, except when the individual is sleeping, of at least ten minutes as often as every two hours, so long as relief from the mechanical restraint is determined to be safe. During such relief periods, the staff shall ensure proper positioning of the individual and provide movement of limbs, as necessary. In addition, during such relief periods, staff shall provide assistance for use of appropriate toiletting methods, as necessary. The individual's dignity and safety shall be maintained during relief periods. Staff shall note in the record of the individual being restrained the relief periods granted. (3) Relief periods from seclusion shall be provided for reasonable access to toilet facilities. (4) An individual in physical restraint shall be released from such restraint within fifteen minutes after the initiation of physical restraint, except when precluded for safety reasons. Source: L. 99: Entire article added, p. 380, § 1, effective April 22. L. 2001: (1)(d) amended, p. 185, § 18, effective August 8. L. 2008: (1)(d) amended, p. 135, § 26, effective January 1, 2009. Editor's note: Subsection (1)(d) was contained in a 2008 act that was passed without a safety clause. The act establishes an effective date of January 1, 2009, for this provision. For further explanation concerning the effective date, see page ix of this volume. 26-20-105. Staff training. (1) All agencies shall ensure that staff utilizing restraint in facilities or programs are trained in the appropriate use of restraint. (2) All agencies shall ensure that staff are trained to explain, where possible, the use of restraint to the individual who is to be restrained and to the individual's family if appropriate.
Each agency shall ensure that an appropriate notation of the use of restraint is documented in the record of the individual restrained. Each agency that is authorized to promulgate rules or adopt ordinances shall promulgate rules or adopt ordinances applicable to the agencies within their respective jurisdictions specifying the documentation requirements for purposes of this section. Source: L. 99: Entire article added, p. 382, § 1, effective April 22. 26-20-107. Review of the use of restraint. Each agency shall ensure that a review process is established for the appropriate use of restraint. Source: L. 99: Entire article added, p. 382, § 1, effective April 22. 26-20-108. Rules. Each agency that is authorized to promulgate rules or adopt ordinances shall promulgate rules or adopt ordinances applicable to the agencies within their respective jurisdictions that establish procedures for the use of restraint consistent with the provisions of this article. Any agency that has rules or ordinances in existence on April 22, 1999, is not required to promulgate additional rules or adopt additional ordinances unless that agency's existing rules or ordinances do not meet the minimum requirements of this article. Source: L. 99: Entire article added, p. 382, § 1, effective April 22. Colorado State Board of Education Department of Education 1 Colorado Code of Regulations 301-45 Adopted: December 14, 2000, November 12, 2009 Attorney General Opinion: December 18, 2000, November 23, 2009 Statutory Authority: C.R.S. 26-20-108, C.R.S. 22-2-107(1)(a) and 22-2-107(1)(c)
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.
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: 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 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” 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)(c) "Physical restraint" 2.02(2)(c)(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)(c)(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)(c)(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.
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; 2.03(6) appropriate documentation and notification procedures; and 2.03(7) retraining at a frequency of at least every two years.
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(2) If restraints are used, a written report must be submitted within one (1) school day to school administration. 2.04(3) 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(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; 2.044)(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.
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 agency shall ensure that a general review process is established, 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.
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