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Senate advances bill tightening definitions and training for restraint and seclusion in schools
Summary
House Bill 260, developed by a multi‑stakeholder working group, sets clearer definitions, training minimums and reporting requirements for restraint and seclusion; the committee approved the bill 5–4 and supporters said it aims to reduce trauma and improve safety.
The Senate Education Committee advanced House Bill 260 as amended after extensive testimony from advocates, disability organizations and LESC staff. The bill updates statutory definitions of restraint and seclusion, requires minimum staff training and sets standardized reporting and parental notification procedures.
Merritt Andrews, senior policy analyst for the Legislative Education Study Committee (LESC), told the committee the measure reflects almost two years of work by a diverse working group that included school staff, parents, advocates and agency staff. "This bill comes out of almost 2 years of work of a diverse group of stakeholders," Andrews said.
Supporters said students with disabilities are disproportionately subject to restraint and seclusion and that clearer law, culturally relevant training and data collection can reduce harm. Alice Lou McCoy of the Developmental Disabilities Council testified that restraint and seclusion "traumatizes the students who experience it, but it traumatizes the educators who have to perform it and the students who have to witness it." Disability Rights New Mexico urged prohibiting prone restraint; advocates said prone restraint can restrict breathing and be fatal.
Key provisions discussed in committee include:
- Minimum training and certification for staff who will use restraint techniques; the bill sets a minimum number of trained staff and requires districts to include trained staff on safety‑plan teams. - Clarified definitions separating "time out" (allowed, not punishment) from "seclusion" (involuntary confinement) and limiting seclusion to supervised settings with continuous line‑of‑sight when allowed. - Parental notification requirements: oral or written notice the same day and a department‑issued written follow‑up within three school days after the incident. - An exception for emergency situations that prevent time to summon trained staff where imminent danger exceeds risks of restraint.
Committee members asked about costs and liability; sponsors said training is already required in code, but the bill adds specificity and minimums. The fiscal impact report flagged training and policy‑planning costs but said clearer rules and training could reduce litigation costs over time.
A recorded vote in committee carried the bill 5–4. The committee also directed that PED update school safety plan rules and create a department form for consistent reporting.
Why it matters: supporters said the bill will reduce injury and trauma, standardize practices and improve data on incidents so policymakers can make evidence‑based decisions and build capacity for positive behavioral supports.
