Summary:

 House Bill 260 (HB 260) amends Public School code to address allowable responses to student behavior. HB 260 limits the use of physical restraint and prohibits other types of restraint and seclusion. HB 260 requires training. HB 260 requires documentation of behaviors and techniques. 

Legislation Overview:

 House Bill 260 amends Public School code to address allowable responses to student behavior.
SECTION 1 amends the Use of Physical Restraint. The title of this section is amended to insert 
physical” and remove “seclusion” throughout this section. The title also has the addition of “Prohibited Activities. Throughout this section “physical” is placed prior to restraint to specify physical restraint.
Subsection A is inserted to provide definitions as used in this section:
Subsection B is inserted to provide that following activities are prohibited in public schools: 
(1) seclusion; 
(2) chemical restraint; 
(3) mechanical restraint; and 
(4) prone restraint. 
Section 1 is relettered
C. A public school may allow the use of physical restraint techniques on a student only if:
(1) the student's behavior presents an imminent danger of serious physical harm to the student or others; and 
(2) less restrictive interventions are insufficient to mitigate the imminent danger of serious physical harm; 
(3) the student is eloping and the conditions in Paragraphs (1) and (2) of this subsection are also met. For elopement that falls short of conditions in Paragraph (1) or (2) of this subsection, physical restraint is not authorized, but physical escort may be appropriate.
D. Schools shall establish policies and procedures for the training and use of positive behavior interventions and supports, de-escalation and physical restraint techniques in a school safety plan; provided that the school safety plan shall meet the requirements of this subsection.
E. Training of school employees designated in the school safety plan shall occur biannually and in the same year as hiring for a new school employee. All training shall be approved by the department. 
At least one administrator at each public school shall receive training addressing Paragraphs (1), (2) and (5) of this subsection, and other school employees shall be designated to receive training as necessary to carry out the provisions of this section. Training shall include: 
(1) less restrictive interventions, including positive behavior interventions and supports and de-escalation; 
(2) hypothetical-situation training for triaging use of less restrictive interventions or physical restraint; 
(3) practice sessions on physical restraint techniques; 
(4) physical restraint techniques in proportion to the student's age or physical condition; and 
(5) monitoring, documenting and reporting when physical restraint is used. 
F. If a physical restraint technique is used on a student: 
(1) school employees shall maintain continuous visual observation and monitoring of the student while the restraint technique is in use; 
(2) the physical restraint technique shall end immediately when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others; 
(3) the physical restraint technique shall be used only by school employees who are trained in the safe and effective use of restraint techniques unless an emergency situation does not allow sufficient time to summon those trained school employees and the imminent danger to the student or others is greater than the risk of harm of the physical restraint to the student; 
(4) the physical restraint technique employed shall not impede the student's ability to breathe or communicate; and 
(5) the physical restraint technique shall not be out of proportion to the student's age or physical condition and should be consistent with the medical or other needs of the student known to the person applying the restraint. 
G. Time-out shall not be used as a punishment.
H. Schools shall establish reporting and documentation procedures to be followed when a physical restraint technique has been used on a student. The procedures shall include the following provisions as amended:
(2) within three school days following the incident, a school employee shall provide the student's parent with written documentation on a department-issued form that includes the information specified in this paragraph.
(3) schools shall review strategies used to address a student's dangerous behavior with a person trained and certified in de-escalation and restraint techniques if use of restraint
techniques for an individual student has occurred more than one time during any school year. The review shall include the information specified in this paragraph, which specifies considering if a student may be eligible for special education and a requirement that a student’s individualized education program team must meet when more than one use of restraint occurs within a school year and to provide written recommendations for avoiding future incidents requiring the use of physical restraint.
Paragraph 4 is inserted as follows: 
(4) a parent has a right to request an individualized education program team, behavioral intervention plan team or student assistance team meeting after an instance of physical restraint.  

Current Law:

 House Bill 260 looks at Section 22-5-4.12 NMSA 1978 (being Laws 2017, Chapter 33, Section 1) regarding allowable responses to student behavior, which currently include restraints beyond only physical restraints and seclusion.  

Amendments:

 House Bill 260 is amended by House Government, Elections and Indian Affairs Committee (HGEIC) in Section 1, Use of Physical Restraint. To expand the definition of “seclusion”  A(11)(b) is inserted as follows:  
(11) "seclusion" means the involuntary confinement of a student alone in a room or area from which egress is prevented; provided that "seclusion" does not mean; provided that "seclusion" does not mean: …
(b) supervised confinement with continuous line-of-sight supervision of a student in the case of imminent serious physical harm by the student to self or others, and confinement shall end immediately when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others. Instances of supervised confinement are subject to all the requirements and limitations applied to physical restraint, including the reporting and documentation requirements of Subsection H of this section;
Subsection H(4) to insert “or if a parent has reasonable grounds to believe that restraint or seclusion may have occurred, as follows:
H. Schools shall establish reporting and documentation procedures to be followed when a physical restraint technique has been used on a student. The procedures shall include the following provisions:
(4) a parent has a right to request an individualized education program team, behavioral intervention plan team or student assistance team meeting after an instance of physical restraint or if a parent has reasonable grounds to believe that restraint or seclusion may have occurred.