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House passes bill to move school restraint and seclusion rules into education code after lengthy debate
Summary
The Colorado House passed House Bill 12‑48 to move restraint and seclusion rules for students from the human services code into the education code and add reporting, training and prevention requirements. Lawmakers debated amendments over definitions, data reporting and a 60‑day cure window before lawsuits.
The Colorado House on Thursday passed House Bill 12‑48, which moves statutory provisions about restraint and seclusion of students from Title 26 (human services) into Title 22 (education) and adds clarifications on reporting, training and data collection.
Supporters said the change will reduce confusion that arose when rules for other settings were folded into school rules and will improve transparency about when and how schools use restraint and seclusion. "This bill comes from the Disproportionate Discipline Task Force," Representative Stewart said on the House floor, describing the bill as the product of months of stakeholder work.
The bill requires school districts to treat seclusion as a form of restraint, to report incidents in line with Colorado Department of Education (CDE) requirements, and to strengthen prevention and training. Sponsors said the change restores clarity after prior changes produced inconsistent school reporting and unintended results.
Opponents and some school officials urged caution about added data burdens and potential fiscal effects. Representative Zokai, a co‑prime sponsor, said the bill already includes many reporting requirements and cautioned that last‑minute expansion of the reporting scope could create new costs for districts. Representative Phillips, who works on restraint and seclusion cases, said expanding reporting requirements can create personnel and administrative demands in districts that already face staffing shortages.
Amendments debated on the floor included definitions (egress, monitored seclusion), detailed incident documentation, and a proposal to require plaintiffs to give schools 60 days' notice and opportunity to cure before filing suit. The House approved several technical and stakeholder‑requested changes but rejected amendments that would have removed existing penalties or substantially altered the reporting timeline.
Representative Stewart said the bill is a step toward better oversight and prevention: it puts school‑specific protections in Title 22 so later changes to Title 26 (which covers other populations) will not produce unintended consequences for students.
The bill passed on second reading and was placed on the calendar for third reading and final passage by the full House later in the session.
