Use of Physical Intervention and Restraint: JKA

To maintain a safe learning environment, District employees may, within the scope of their employment and consistent with state law, use physical intervention and restraint with students in accordance with this policy and accompanying regulation. Such actions shall not be considered child abuse or corporal punishment if performed in good faith and in compliance with this policy and accompanying regulation.

Physical Intervention

Corporal punishment shall not be administered to any student by any District employee.

Within the scope of their employment, District employees may use reasonable and appropriate physical intervention with a student, which does not constitute restraint as defined by this policy, to accomplish the following:

1. To quell a disturbance threatening physical injury to the student or others.
2. To obtain possession of weapons or other dangerous objects upon or within the control of the student.
3. For the purpose of self-defense.
4. For the protection of persons against physical injury or to prevent the destruction of property which could lead to physical injury              to the student or others.

Under no circumstances shall a student be physically held for longer than one (1) minute unless the provisions regarding restraint (contained in this policy and accompanying regulation) are followed.

Restraint

Restraint is defined by state law and this policy as any method or device used to involuntarily limit a student’s freedom of movement, including but not limited to bodily physical force, mechanical devices, chemicals, and seclusion. Restraint shall not include the holding of a student for less than one minute by a District employee for the protection of the student or others and other actions excluded from the definition of restraint in state law.

Physical restraint does not include:

1. the use of protective or adaptive devices for providing physical support, prevention of injury, or voluntary life-saving medical                   procedures when used in accordance with a student’s IEP or Section 504 plan;
2. holding of a student for less than one minute by a staff member for the protection of the student or others, except nothing in this             policy may be interpreted to permit the holding of a student in a prone position, except as described below (“Momentary Holds”);
3. the brief holding of a student by one adult for the purpose of calming or comforting the student (“Physical Co-Regulation”);
4. minimal physical contact for the purpose of safely escorting a student from one area to another (“Physical Escort”); or
5. minimal physical contact for the purpose of assisting the student in completing a task or response (“Physical Prompting”).

The use of protective or adaptive devices, Momentary Holds, Physical Co-Regulation, Physical Escorts, and Physical Prompting, as defined above, are permitted by this policy, accompanying regulation, and state law.  

District employees shall not use restraint as a punitive form of discipline or as a threat to control or gain compliance of a student’s behavior. District employees are also prohibited from restraining a student by use of a mechanical restraint, chemical restraint, or prone restraint as those terms are defined by applicable State Board of Education rules and this policy’s accompanying regulation.

Restraint shall only be administered by District employees trained in accordance with applicable State Board of Education rules.

The restraint provisions in this policy and accompanying regulation shall not apply:

1. To certified peace officers or armed security officers working in a school and who meet the legal requirements of C.R.S. § 26-20-111(3); however, no law enforcement officer or armed security official shall use handcuffs on any student unless the student poses an immediate danger to themselves or others or handcuffs are solely used during a custodial arrest requiring transport; and
2. When a student is openly displaying a deadly weapon, as defined in C.R.S. § 18-1-901(3)(e).

LEGAL REFS:

1. 18-1-703 (use of physical force by those supervising minors)
2. C.R.S. § 18-1-901(3)(e) (definition of a deadly weapon)
3. C.R.S. § 18-6-401(1) (definition of child abuse)
4. C.R.S. § 19-1-103(1) (definition of abuse and neglect)
5. C.R.S. § 22-32-109.1(2)(a) (adoption and enforcement of discipline code)
6. C.R.S. § 22-32-109.1(2)(a)(IV) (policy required as part of safe schools plan)
7. C.R.S. § 22-32-109.1 (2)(a)(I)(L) (policies for use of restraint and seclusion on students and information on the process for filing a complaint regarding the use of restraint or seclusion shall be included in student conduct and discipline code)
8. C.R.S. § 22-32-109.1(9) (immunity provisions in safe schools law)
9. C.R.S. § 22-32-147 (use of restraints on students)
10. 1CCR 301-45, 2620-R-1.00 et seq. (State Board of Education rules for the Administration of the Protection of Persons from Restraint Act)

Latest Revision: February 8, 2024