(1) Except as provided otherwise in this section, and notwithstanding any other provision of this article 20: (a) The use of a chemical, mechanical, or prone restraint upon a student of a school of a school district, charter school of a school district, or institute charter school is prohibited when the student is on the property of any agency or is participating in an off-campus, school- sponsored activity or event; and (b) A school resource officer or a law enforcement officer acting in the officer's official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall not use handcuffs on any student, unless there is a danger to themselves or others or handcuffs are used during a custodial arrest that requires transport. (2) The prohibition described in subsection (1) of this section does not apply to the use of mechanical or prone restraints on a student of a school of a school district, charter school of a school district, or institute charter school who is openly displaying a deadly weapon, as defined in section 18-1-901 (3)(e). (3) The prohibition described in subsection (1) of this section does not apply to the use of mechanical or prone restraints by an armed security officer or a certified peace officer working in a school of a school district, charter school of a school district, or institute charter school when the officer: (a) Has received documented training in defensive tactics utilizing handcuffing procedures; (b) Has received documented training in restraint tactics utilizing prone holds; and (c) Has made a referral to a law enforcement agency. (4) The prohibition described in subsection (1) of this section does not apply to schools operated in state-owned facilities within the division of youth services. (5) If a school district, charter school of a school district, or institute charter school uses a seclusion room, there must be at least one window for monitoring when the door is closed. If a window is not feasible, monitoring must be possible through a video camera. A student placed in a seclusion room must be continually monitored. The room must be a safe space free of injurious items. The seclusion room must not be a room that is used by school staff for storage, custodial, or office space. (6) Nothing in this section prohibits school personnel from taking any lawful actions necessary, including seclusion or restraint, when and where necessary to keep students and staff safe from harm during an emergency, as defined by rule of the state board. School personnel shall comply with all documentation and reporting requirements, even in the case of an emergency. (7) If a physical restraint is between one and five minutes, the notification requirement must be a written notice to the parent on the day of the restraint. The notice must include the date, the student's name, and the number of restraints that day that lasted between one and five minutes. (8) On or before July 1, 2023, the state board shall initiate rule making for the process of determining whether to require the reporting of restraints from one to five minutes and what data, if any, will be collected. As a part of the public input process required pursuant to section 24-4-104, the state board and the department of education shall engage with stakeholders, including, but not limited to, a representative of school district administrators, a statewide organization representing special education directors, and a member of a disability rights organization. (9) Statutory provisions concerning the use of restraints in school districts, charter schools of a school district, or institute charter schools, including reporting requirements, are set forth in sections 22-30.5-528 and 22-32-147.
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