As used in this article 15.5, unless the context otherwise requires:

1. (1) Chemical restraint means involuntary administration of medication to a student for the purpose of restraining the student; except that chemical restraint does not include administering prescription medication that is regularly administered to the student for medical treatment other than to restrain the student's freedom of movement, including asthma corticosteroid, mood disorder medication, insulin, or glucagon, or administering medication for voluntary or life-saving medical procedures, including epinephrine or diazepam.
2. (2) Emergency means a serious, probable, imminent threat of bodily harm to self or others when there is the present ability to effect such bodily harm.
3. (3) IEP team has the same meaning as described in section 22-20-108.
4. (4) Individualized education program or IEP has the same meaning as set forth in section 22-20-103.
5. (5) Local education provider means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.

6. (6) Mechanical restraint means a physical device used to restrict a student's voluntary freedom of movement or the movement or normal function of a portion of their body. Mechanical restraint does not include:

   1. (a) A device that is recommended for the student by a physician, occupational therapist, or physical therapist; is agreed to for use by the student, by the student's IEP team, or by the student's section 504 team; and is used in accordance with the student's IEP or section 504 plan;
   2. (b) A protective device that is used to prevent a student from self-harm, is agreed to for use by the student by the student's IEP team or section 504 team, and is used in accordance with the student's IEP or section 504 plan. The protective device may include a helmet or mitts.
   3. (c) An adaptive device that is used to facilitate instruction or therapy for the student that is recommended for the student by a physician, occupational therapist, or physical therapist; is agreed to for use by the student by the student's IEP team or section 504 team; and is used in accordance with the student's IEP or section 504 plan; or
   4. (d) A positioning or securing device that is used to facilitate the student's medical treatment that is recommended for the student by a physician, occupational therapist, or physical therapist; is agreed to for use by the student by the student's IEP team or section 504 team; and is used in accordance with the student's IEP or section 504 plan.

7. (7) Physical restraint means the use of bodily, physical force to limit a student's voluntary freedom of movement for more than one minute; except that physical restraint does not include:

   1. (a) A physical intervention administered on a student that lasts one minute or less for the protection of a student, others, or property;
   2. (b) The holding of a student by an adult for the purpose of calming or comforting the student;
   3. (c) Minimal physical contact for the purpose of safely escorting a student from one place to another; or
   4. (d) Minimal physical contact for the purpose of assisting a student with a task or response.
8. (8) Prone restraint means a restraint in which the student who is being restrained is secured in a face-down position.
9. (9) Restraint means a method or device that is used to limit a student's voluntary freedom of movement. Restraint includes seclusion, chemical restraint, mechanical restraint, and physical restraint.

10. (10)

    1. (a) Seclusion means the placement of an individual alone in a room or area from which egress is prevented. Seclusion is a form of restraint.
    2. (b) Seclusion does not include a time-out, which is the removal of a student from a potentially rewarding situation, or from a situation that would otherwise produce negative reinforcement. A time-out does not prevent a student's egress.
11. (11) Section 504 plan has the same meaning as set forth in section 22-20-123 (2).
12. (12) Section 504 team has the same meaning as set forth in section 22-20-123 (2).

Source: L. 2025: Entire article added, (HB 25-1248), ch. 251, p. 1252, § 1, effective May 24.