Committee advances bill to clarify and limit restraint and seclusion in schools
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Summary
HB 120 would clarify statutory definitions, prohibit certain dangerous restraints, require supervision in seclusion, strengthen notification and review requirements, and emphasize de-escalation; the Senate Education Committee gave the bill a do-pass recommendation after extensive testimony and questioning.
Senator Figueroa presented House Bill 120 as the product of a 2023 task force of superintendents, school-board members, administrators, teachers, parents and advocates who sought clearer statutory definitions about restraint and seclusion. "This is not a bill that prohibits restraint and seclusion in schools," the sponsor said. "It is a bill that clarifies what kinds and how and when they can be used."
Crystal Wood of the Public Education Department detailed core changes the bill would make: it would prohibit the most dangerous practices — including mechanical, chemical and prone restraint — require continuous supervision when seclusion is used, and clearly define terms such as physical restraint, time out, de-escalation and elopement so staff can apply consistent practices. "This bill is about safety, dignity and prevention," Wood said.
Michelle Tragembo, the state special-education ombud, cited casework numbers to illustrate the scope of the problem and testified that clearer definitions and reporting would help families and schools. Family testimony read by Alice Lou McCoy described long-term harm from repeated restraint and seclusion. "Restraint and seclusion have had a deeply harmful impact on my 11-year-old son," a parent wrote in the statement presented to the committee.
Supporters including AFT New Mexico, Disability Rights New Mexico, NEA New Mexico and other advocates urged the committee to pass the bill, noting that residents with disabilities are disproportionately affected and that improved reporting and training would reduce harm. Opponents, represented in part by Marla Schoetz on behalf of school administrators, warned that some provisions could increase staff burdens and strain smaller and rural districts; Schoetz asked for continued work with sponsors to ensure implementability.
Committee members questioned sponsors about training scope and teacher safety; Senator Ramos pressed the panel on protection for teachers and aides in violent incidents, and sponsors said local school safety plans determine who receives training while expressing a preference for broad training coverage.
After questions and discussion the committee took a do-pass recommendation on HB 120 as amended; the bill will proceed to the Senate floor for further consideration.
