The bill amends Section 22-5-4.12 of the New Mexico Statutes to address the use of physical restraint in public schools, significantly limiting its application and prohibiting other forms of restraint and seclusion. It defines various terms related to restraint, including "chemical restraint," "mechanical restraint," and "seclusion," and explicitly prohibits activities such as seclusion, chemical restraint, mechanical restraint, and prone restraint in public schools. The bill allows physical restraint only under specific conditions where a student's behavior poses an imminent danger of serious physical harm, and less restrictive interventions are deemed insufficient. Additionally, it mandates that schools establish policies for training staff in positive behavior interventions, de-escalation techniques, and the safe use of physical restraint.

Furthermore, the bill requires comprehensive documentation and reporting procedures whenever physical restraint is used, including notifying parents on the same day of the incident and providing detailed written documentation within three school days. Schools must also review strategies for addressing dangerous behavior if restraint is used more than once during the school year. The legislation emphasizes the importance of training for school employees, ensuring that they are equipped to handle such situations appropriately and safely. Overall, the bill aims to create a safer and more supportive environment for students while minimizing the use of physical restraint in educational settings.

Statutes affected:
introduced version: 22-5-4.12