C.R.S. § 22-15.5-103: Prohibit restraint - exceptions.

(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.