Special Education Rules and Regulations

Restraint and Seclusion

Amended Rules Effective November 30, 2017

The Amended Rules for the Administration of the Protection of Persons from Restraint Act were approved by the State Board of Education on October 11, 2017. The Amended Rules will be effective on November 30, 2017.

• Unofficial Version of Amended Restraint Rules (PDF)
• Link to the Official Version of the Restraint Rules from the Colorado Secretary of State (both the 2009 Rules and the 2017 amendments are available here)
• Link to the State Complaint form (If a parent of a child with a disability believes that the use of restraint has resulted in or is due to a denial of a free appropriate public education under IDEA) 

Other Resources

Restraints shall only be used in an emergency. To best prevent emergencies, the use of positive behavior supports is strongly encouraged especially for students who have behaviors that could result in injury to themselves or others.

• Positive Behavioral Interventions and Supports
• Article: Considerations for Seclusion and Restraint Use in School-wide Positive Behavior Supports (PDF) (OSEP Technical Assistance Center on Positive Behavioral Interventions and Supports, April 2009)

If a parent believes that a district has policies that are inconsistent with the restraint rules, the CDE General Grievance process may be used. For information on the CDE grievance process:

• CDE Grievance Process

Section 504

Section 504 is the part of the Rehabilitation Act of 1973 that guarantees specific rights in federally funded programs and activities to people who qualify as disabled.

Section 504 states:

"No otherwise qualified individual with a disability in the United States... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..."

Section 504 is enforced by the Office for Civil Rights (OCR). OCR can be contacted by calling 303-844-5695.

The School District is responsible for the implementation of Section 504. For more information contact the Section 504/ADA Coordinator for your District.

Under Section 504, a grievance may be filed with the School District or a complaint may be filed with the U.S. Department of Education Office for Civil Rights. For more information on Section 504, click on the links below to access the U.S. Department of Education Office for Civil Rights.

• Know Your Rights
• Reading Room
• Questions and Answers