Restraint and Seclusion Complaints

Effective December 1, 2017, the Restraint Complaints Office (RCO) was created to provide a process for filing formal complaints about the use of restraints or seclusion involving a Public Education Agency.  When restraint and seclusion complaints are filed, the RCO is authorized to review, investigate and provide a written decision.  The RCO was established as directed by House Bill 17-1276 and in compliance with administrative rule (1 CCR 201-45). 

HB17-1276:  Concerning prohibiting the use of certain restraints upon public school students

Summary of the Bill Provisions by Colorado General Assembly (https://leg.colorado.gov/bills/hb17-1276)

• Prohibits the use of a chemical, mechanical, or prone restraint upon a public school student, with certain exceptions
• Requires school district employees or volunteers who uses any type of restraint on a student to submit a written report of the incident to the administration of the school
• Requires each school district to establish a review process, conduct the review process at least annually, and document the results of each review process in writing. 
• Annual reviews must include a review of each incident in which restraint was used on a student during the preceding year.
• Requires each school district and the state charter school institute to include in its conduct and discipline code information concerning the school district's or institute's policies for the use of restraint and seclusion on students, including information concerning the process for filing a complaint regarding the use of restraint or seclusion.
• Required the state board of education to promulgate rules to establish a restraint complaint process. Note:  These rules (CCR-301-45) became effective on December 1, 2017.

Statement of Basis and Purpose

Rules for Administration of the Protection of Persons from Restraint

(1 CCR 301-45)

Definitions

Basis for the Use of Restraint

Duties Related to the Use of Restraint

Staff Training

Documentation and Notification Requirements

Review of the Use of Restraint

Exceptions

Complaint Procedures and Regulations (Statutes)

Contacts, Forms, and Further Information:

Filing a Complaint:

• Complaint Process Flow Chart
• Questions and Answers
• Restraint and Seclusion Complaint Form

The Complaint, including any attachments, must be mailed, hand-delivered, or delivered by other secure method to the IDEA State Complaints Office. Faxes and e-mails will not be accepted. The address is:

Additionally, a complete copy of the Complaint, including any attachments, must also be mailed, hand-delivered, or delivered by other secure method to the public education agency (i.e. a school district, BOCES or the Charter School Institute) serving the child.  

Contact: 

For more information, or to speak with someone about restraint complaints, contact:

Resources:

Guidance on Holds:  Disability Law Colorado, https://disabilitylawco.org/sites/default/files/uploads/Fact%20Sheet_Restraints-2.pdf

State Complaint Office: http://www.cde.state.co.us/spedlaw/statecomplaint