SENATE MEMORIAL 68

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Linda M. Lopez

 

 

 

 

 

A MEMORIAL

REQUESTING THE DEVELOPMENTAL DISABILITIES COUNCIL TO CONVENE A WORKING GROUP TO ADDRESS RESTRAINT AND SECLUSION TECHNIQUES IN NEW MEXICO PUBLIC SCHOOLS.

 

     WHEREAS, "restraint" and "seclusion" in schools are defined in Section 22-5-4.12 NMSA 1978 and include the use of physical force, any device or material to restrict the free movement of a student's body and the involuntary confinement of a student alone in a room; and

     WHEREAS, according to federal guidance, these methods are meant as a last resort, when a student is believed to be a danger to the student's self or others; and

     WHEREAS, nationwide data shows that these practices are overwhelmingly used on students with disabilities; and

     WHEREAS, a July 30, 2021 memorandum to superintendents, charter schools and administrators, special education directors and regional education cooperative directors, Deborah Dominguez-Clark, New Mexico director of special education, and Greg Frostad, director of the safe and healthy schools bureau, addressed staff use of restraint and seclusion techniques with students; and

     WHEREAS, the memorandum notes that the use of restraint and seclusion is limited and that Section 22-5-4.12 NMSA 1978 requires districts to adopt the use of restraint and seclusion techniques on any student only if both of the following apply:

          A. the student's behavior presents an imminent danger of serious physical harm to the student or others; and

          B. less restrictive interventions appear insufficient to mitigate the imminent danger of serious physical harm; and

     WHEREAS, before resorting to the use of restraint or seclusion, school staff must use positive behavior supports and de-escalation strategies to actively avoid the use of restraint and seclusion; and

     WHEREAS, each school is required to establish policies and procedures, as approved by the local school board or governing body of a charter school, for the use of restraint and seclusion techniques and for the documentation and reporting of restraint and seclusion incidents; and

     WHEREAS, New Mexico lacks uniform statewide guidelines for:

          A. the use of restraint and seclusion techniques;

          B. consistent reporting and documentation of restraint and seclusion incidents;

          C. adequate notice and information provided to parents or guardians when such incidents occur;

          D. required reviews of each incident to prevent future incidents from occurring; and

          E. comprehensive training to school staff on the use of positive behavior supports and de-escalation strategies;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the developmental disabilities council be requested to convene a working group to address restraint and seclusion techniques in New Mexico public schools; and

     BE IT FURTHER RESOLVED that the working group be composed of representatives of the public education department, the early childhood education and care department, school boards and superintendents from rural and urban school districts and school districts that serve Native American students, teachers, education advocacy agencies, disability advocacy agencies, the children, youth and families department, the legislative education study committee, students, parents, legislators, law enforcement, special education service providers, tribal law enforcement and charter schools; and

     BE IT FURTHER RESOLVED that the working group report its findings and recommendations to the legislative health and human services committee, the legislative education study committee and the interim committee dealing with courts, corrections and justice issues by November 1, 2023; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the individuals identified by the developmental disabilities council to serve on the working group.

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