House Education Committee gives bill a due-pass to tighten rules on restraint and seclusion in schools

Representative Paula Rola presented House Bill 260, a measure that amends state law to clarify definitions and training and to limit the use of restraint and seclusion in New Mexico public schools. The bill grew from a year-and-a-half working group convened under a Senate memorial and includes advocates, administrators, superintendents, families and legislative staff.

Mary Andrews, senior policy analyst who worked on the drafting group, told the committee the bill responds to national guidance and the working group’s findings. She said the U.S. Department of Education has stated there is no evidence that restraint or seclusion reduces problem behaviors, and that national data show students with disabilities are disproportionately subject to these practices (a 2020–21 federal data point cited in testimony: students with disabilities comprised 17% of enrollment but 58% of restraint and seclusion incidents).

Key provisions in the bill as described in testimony: - It clarifies the definitions of restraint, seclusion and related terms, and differentiates allowable touches to redirect a student (for example, taking a hand to guide a student away from traffic) from prohibited practices. - It prohibits chemical, mechanical and prone restraints and bars seclusion that is not under continuous line-of-sight supervision, while preserving limited allowance for physical restraint when a student’s behavior presents an imminent danger of serious physical harm and less-restrictive interventions are ineffective. - It requires training on positive behavioral interventions, de-escalation and reintegration strategies and specifies training expectations for administrators and at least one designated school employee at each school. - It revises reporting requirements to ensure parents and the Public Education Department receive uniform notification when a child is restrained and to improve state data on restraint use.

Supporters included the Developmental Disabilities Council, Disability Rights New Mexico, the AFT New Mexico and other advocacy groups; they urged the committee to adopt the bill as a tool to reduce harmful practices and improve safety. The public-education deputy secretary told the committee the bill “prioritizes the safety and well-being of students, especially those with disabilities and behavioral challenges,” and emphasized the need for training and technical assistance.

Administrators and school superintendents generally supported the bill’s clarifying intent but urged additional time to refine some language, particularly around the definition of elopement (a student leaving a supervised area) and the prohibition language for prone restraint. Stan Rounds, speaking for superintendents, recommended the committee give the bill additional interim work or delay effective dates to allow further stakeholder review; the sponsor said she would stand by the bill but was open to continuing work if needed.

After further discussion, the committee adopted a due-pass motion for House Bill 260. The committee roll call produced a 6–4 vote in favor of giving the bill a due pass to the next stage of consideration.