- (1) Except as provided pursuant to this article 15.5, the use of a restraint on a student of a local education provider is prohibited when the student is on the property of the local education provider or is participating in an off-campus activity or event sponsored by the local education provider.
(2) The prohibition described in subsection (1) of this section does not apply to:
- (a) The use of mechanical, physical, or prone restraints on a student enrolled in a local education provider who openly displays a deadly weapon, as defined in section 18-1-901;
(b) The use of mechanical or prone restraints by an armed security officer or a certified peace officer working in a local education provider's facilities when the officer:
- (I) Has received documented training in defensive tactics utilizing handcuffing procedures;
- (II) Has received documented training in restraint tactics utilizing prone restraint; and
- (III) Has made a referral to a law enforcement agency and is making an arrest;
- (c) The use of mechanical, physical, or prone restraints by a school resource officer or a law enforcement officer acting in the officer's official capacity on the local education provider's property, in a local education provider's vehicle, or at an activity or event sponsored by the local education provider if there is a danger to the student or others or during a custodial arrest that requires transport; and
(d)
- (I) The use of a physical restraint or seclusion in an emergency after the failure of less restrictive alternatives; or
- (II) The use of a physical restraint or seclusion in an emergency after a determination that less restrictive alternatives would be inappropriate or ineffective during the emergency.
- (3) If a local education provider uses a room for seclusion as a type of restraint, there must be at least one window to monitor the student when the door is closed. If a window is not feasible, monitoring must be with a video camera. A student placed in seclusion must be continually monitored. The room must be a safe space free of injurious items. The room used for seclusion must not be a room that is used by school staff for storage, custodial purposes, or office space.
(4)
(a) A local education provider that, or local education provider's employee or agent who, uses restraint shall use the restraint:
- (I) Only for the purpose of preventing the continuation or renewal of the appropriate circumstances described in subsection (2) of this section for the incident;
- (II) Only for the period of time necessary to accomplish its purpose; and
- (III) In the case of physical restraint, only if no more force than is necessary to limit the individual's freedom of movement is used.
- (b) If property damage may be involved, restraint may only be used when the destruction of property would result in a serious, probable, imminent threat of bodily harm to self or others and when there is the present ability to effect such bodily harm.
(5) A local education provider, or local education provider's employee or agent, shall not use a restraint as a:
- (a) Form of punishment or disciplinary sanction;
- (b) Part of a treatment plan or behavior modification plan; or
- (c) Form of retaliation.
Source: L. 2025: Entire article added, (HB 25-1248), ch. 251, p. 1254, § 1, effective May 24.