Committee advances HB 260 to tighten definitions, training and reporting for restraint and seclusion in schools

House Bill 260, presented Oct. 12 as an amended bill, would tighten statutory definitions governing restraint and seclusion in New Mexico public schools, set minimum training expectations, require department‑approved incident reporting and parental notification forms, and emphasize positive behavioral supports and de‑escalation strategies.

Origin and purpose: Sponsors said HB 260 flows from a working group convened after a prior memorial, which included school board members, superintendents, parents, advocates, LESC staff and PED staff. Merrick Andrews, senior policy analyst for LESC, told the committee the bill “specifically [incorporates] the need for improved definitions to keep all staff and students safe,” and that it responds to a multi‑year stakeholder process and a July 2024 LESC report.

What the bill does: Testimony and the bill language clarified several actions the committee discussed: - It defines prohibited activities (for example, seclusion without continuous line‑of‑sight supervision, chemical restraint, mechanical restraint and prone restraint), and clarifies that time‑out (voluntary) is distinct from seclusion (involuntary confinement). - It requires schools to include trained personnel on teams that draft student safety plans and sets minimum staff training and certification expectations; training frequency is specified as biannual in the text. - It requires same‑day parental notification of incidents and mandates a department‑issued written follow‑up form within three school days to standardize reporting and improve statewide data collection. - It includes an emergency exception: physical restraint may be used by untrained employees when an imminent danger does not allow time to summon trained staff and the danger to the student or others outweighs the risk of restraint.

Support and concerns: Disability advocates, the Developmental Disabilities Council, Disability Rights New Mexico, the Center on Law and Poverty, NAMI New Mexico and unions testified in support, citing disproportionate rates of restraint and seclusion for students with disabilities, risks of trauma and injury, and the need for culturally and linguistically appropriate training. The Public Education Department’s office of special education (witness identified in the hearing as the department leader) also urged passage, citing national evidence and local incidents.

Several committee members raised implementation questions about the costs of training and reporting, potential liability and how the legislation would interact with existing rules and juvenile‑facility settings. LESC and sponsors said the bill adds specificity to requirements that already exist in law, will require PED to amend rules and to issue a standardized notification form, and that better reporting could reduce litigation risk over time.

Outcome: The committee recorded a do‑pass recommendation on the amended HB 260 after debate and public testimony.