Colorado Revised Statutes Title 22. Education § 22-30.5-528. Institute charter schools--use of restraints on students--certain restraints prohibited--reports and review process--complaints and investigations--rules--definitions

(a) “Chemical restraint” has the same meaning as set forth in section 26-20-102(2).

(b) “Mechanical restraint” has the same meaning as set forth in section 26-20-102(4).

(c) “Prone position” means a face-down position.

(d) “Prone restraint” means a restraint in which the individual being restrained is secured in a prone position.

(e) “Restraint” has the same meaning as set forth in section 26-20-102(6).

(3)(a) On and after August 9, 2017, each institute charter school shall require any school employee or volunteer who uses any type of restraint on a student of the institute charter school to submit a written report of the incident to the institute charter school's administration not later than one school day after the incident occurred.

(b) On and after August 9, 2017, each institute charter school shall establish a review process, conduct the review process at least annually, and document the results of each review process in writing. Each annual review process must include a review of each incident in which restraint was used on a student during the preceding year. The purpose of each annual review process is to ensure that the institute charter school 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. Each annual review process must include but is not limited to:

(c) Not more than five calendar days after the use of restraint on a student, the school administration shall mail, fax, or e-mail a written report of the incident to the parent or legal guardian of the student. The written report must be placed in the student's confidential file and include:

(d) The department of education has enforcement authority over the restraint investigation decisions. This enforcement authority must follow the same procedures outlined for state complaints under the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq., as amended, and the department's state-level complaint procedures.

(e) No later than June 30, 2023, and every June 30 thereafter, each institute charter school shall submit the data from the annual review conducted pursuant to subsection (3)(b) of this section to the department of education pursuant to section 22-1-138.