(1) As used in this section, unless the context otherwise requires: (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). (b.7) "Physical restraint" has the same meaning as set forth in section 26-20-102 (5). (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). (2) Pursuant to section 26-20-111, the use of a chemical, mechanical, or prone restraint upon a student in a school or charter school of a school district or board of cooperative services is prohibited. (3) (a) On and after August 9, 2017, each school district shall require any school employee or volunteer who uses any type of restraint on a student of the school district to submit a written report of the incident to the administration of the school not later than one school day after the incident occurred. (b) On and after August 9, 2017, each school district 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 school district 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: (I) Analysis of incident reports, including consideration of procedures used during the restraint, preventative or alternative techniques attempted, documentation, and follow-up; (II) Training needs of staff; (III) Staff-to-student ratios; and (IV) Environmental considerations, including physical space, student seating arrangements, and noise levels. (b.5) If a physical restraint is more than one minute but less than five minutes, the notification requirement is a written notice to the parent on the day of the restraint. The written notice must include the date, the name of the student, and the number of restraints that day that lasted between one and five minutes. (c) If a physical restraint is five minutes or more, the school administration shall mail, fax, or e-mail a written report of the incident to the parent or legal guardian of the student not more than five calendar days after the use of the restraint on the student. The written report must be placed in the student's confidential file and include: (I) The antecedent of the student's behavior, if known; (II) A description of the incident; (III) Any efforts made to de-escalate the situation; (IV) Any alternatives to the use of restraints that were attempted; (V) The type and duration of the restraint used; (VI) Any injuries that occurred; and (VII) The staff members who were present and staff members who were involved in administering the restraint. (d) No later than June 30, 2023, and every June 30 thereafter, each school district 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. (4) On or before November 1, 2017, the state board shall promulgate rules establishing a process by which a student or a parent or legal guardian of a student may formally complain about the use of restraint or seclusion by any employee or volunteer of any school or charter school of a school district or board of cooperative services. To the extent practicable, the process must reflect the complaint process for filing a state complaint under the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended. (5) The department of education shall make training available on the "Protection of Individuals from Restraint and Seclusion Act", sections 26-20-101 to 26-20-111, and on the department of education's corresponding rules for administration of such act to individuals certified in the use of restraint. (6) 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.
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