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Committee adopts stricter seclusion-room standards for emergency safety interventions
Summary
Following legislative changes, the Law & Licensing Committee approved updated rules setting physical standards, continuous observation and reporting requirements for seclusion rooms and clarified when the state will take corrective action, while acknowledging funding and monitoring questions remain.
The committee approved revised emergency-safety-intervention (ESI) rules that add technical standards for seclusion rooms, requirements for audio/video retention and continuous observation, and a framework for state monitoring and corrective action.
Behavior specialists explained the revised rule implements statutory changes and builds on building-code guidance to clarify what physical features a seclusion room must have, how long recordings should be retained, and what triggers state oversight. Ashley Lauer, a behavior specialist on the student services team, said the rule uses the terms “immediate danger” and “immediate and significant threat” and expects school staff trained in emergency interventions to make safety assessments.
Committee members pressed staff on who may determine when a student is an ‘immediate danger,’ release criteria once behaviors subside, and the practical consequences of requiring LEAs to report the existence, opening, or closure of seclusion rooms by Dec. 31. Deputy Nui and staff said the department has not previously collected statewide data on seclusion rooms and that the rule asks LEAs to report rooms so the agency can establish a monitoring plan; staff also acknowledged there is no new dedicated funding for retrofitting rooms and proposed a phased compliance timeline (staff proposed 2032 in discussion).
Members voted unanimously to approve the draft as amended, including removal of redundant phrases and a clarification that the IEP team must document less‑restrictive approaches before ESI is used. The committee’s action implements statutory direction while leaving follow-up work on monitoring logistics for the agency to design once reporting data arrive.
