RULES FOR THE ADMINISTRATION OF THE PROTECTION OF STUDENTS FROM RESTRAINT AND SECLUSION ACT

RESTRAINT AND SECLUSION ACT

1 CCR 301-45

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

1.00 STATEMENT OF BASIS AND PURPOSE

1.00(1)

These Rules were developed in accordance with C.R.S. 26-20-101, et

seq. Specific statutory authority for the development of these Rules comes from

C.R.S. 26-20-108. These Rules are provided pursuant to the terms of the

“Protection of Individuals from Restraint and Seclusion Act”. These Rules outline

the procedures to be followed in the administration of restraint and seclusion,

staff training, documentation requirements, and the review of the use of restraint

and seclusion.

1.00(2)

The statutory authority for the 2009 amendments to these Rules is found

in 26-20-108, C.R.S. The purpose of these amendments is to better align these

Rules to the Protection of Persons from Restraint Act; add clarifying language;

and reorganize these Rules to provide enhanced clarification for implementation.

1.00(3)

The purpose of the 2017 amendments is to conform to the changes made

in HB 17-1276 to update definitions, generally prohibit the use of prone holds and

restraints, and outline the process for complaints concerning the use of restraint

or seclusion.

1.00(4)

The purpose of the 2023 amendments is to conform to changes made by

HB 22-1376 regarding increased restrictions on the use of restraints and

seclusion on students and new reporting requirements.

1.00(5)

The purpose of the 2025 amendments is to conform to changes made by

HB 25-1248, which removed public schools from the “Protection of Individuals

from Restraint and Seclusion Act” and created the “Protection of Students from

Restraint and Seclusion Act” that is specific to local education providers

strictions on the use of restraints and

seclusion on students and new reporting requirements.

1.00(5)

The purpose of the 2025 amendments is to conform to changes made by

HB 25-1248, which removed public schools from the “Protection of Individuals

from Restraint and Seclusion Act” and created the “Protection of Students from

Restraint and Seclusion Act” that is specific to local education providers.

2.0

DEFINITIONS

2.00(1)

“Deadly Weapon” is defined in Section 18-1-901(3)(e)(e) and means a

firearm, whether loaded or unloaded; a knife, bludgeon, or any other weapon,

device, instrument, material, or substance, whether animate or inanimate, that, in

the manner it is used or intended to be used, is capable of producing death or

serious bodily injury.

Code of Colorado Regulations

Secretary of State

State of Colorado

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2.00(2)

“Emergency” means a serious, probable, imminent threat of bodily harm to

self or others when there is the present ability to effect such bodily harm.

2.00(3)

“IEP Team” has the same meaning as described in Section 22-20-108,

C.R.S.

2.00(4)

“Individualized Education Program” or “IEP” has the same meaning as set

forth in Section 22-20-103, C.R.S.

2.00(5)

“Local Education Provider” means a school district, a charter school

authorized by a school district pursuant to Article 30 of Title 22, C.R.S., a charter

school authorized by the state Charter School Institute pursuant to Article 30.5 of

Title 22, C.R.S., or a Board of Cooperative Services (BOCES) created and

operating pursuant to Article 5 of Title 22, C.R.S. that operates one or more

public schools

al Education Provider” means a school district, a charter school

authorized by a school district pursuant to Article 30 of Title 22, C.R.S., a charter

school authorized by the state Charter School Institute pursuant to Article 30.5 of

Title 22, C.R.S., or a Board of Cooperative Services (BOCES) created and

operating pursuant to Article 5 of Title 22, C.R.S. that operates one or more

public schools.

2.00(6)

“Parent” means

2.00(6)(a)

A biological or adoptive parent of a child;

2.00(6)(b)

A foster parent, unless state law, regulations, or contractual

obligations with a state or local entity prohibit a foster parent from acting

as a parent;

2.00(6)(c)

A guardian generally authorized to act as the child’s parent or

authorized to make educational decisions for the child (but not the State if

the child is a ward of the State);

2.00(6)(d)

An individual acting in the place of a biological or adoptive parent

(including a grandparent, step-parent, or other relative) with whom the

child lives, or an individual who is legally responsible for the child’s

welfare;

2.00(6)(e)

An educational surrogate parent who has been assigned in

accordance with 1 C.C.R. 301-8 6.02(8);

2.00(6)(f)

Except as provided in section (6)(b) of this Rule 2.00(6), the

biological or adoptive parent, when attempting to act as the parent under

these Rules and when more than one party is qualified under Section (6)

of this Rule 2.00 to act as a parent, must be presumed to be the parent for

the purposes of this Section unless the biological or adoptive parent does

not have legal authority to make educational decisions for the child.

2.00(6)(g)

If a judicial decree or order identifies a specific person or persons

under Sections 6(a) through (d) of this rule to act as the “parent” of a child

or to make educational decisions on behalf of a child, then such

persons(s) shall be determined to be the “parent” for the purposes of this

Section 2.00(6).

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child.

2.00(6)(g)

If a judicial decree or order identifies a specific person or persons

under Sections 6(a) through (d) of this rule to act as the “parent” of a child

or to make educational decisions on behalf of a child, then such

persons(s) shall be determined to be the “parent” for the purposes of this

Section 2.00(6).

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2.00(7)

“Restraint” means a method or device that is used to limit a student’s

voluntary freedom of movement. “Restraint” includes seclusion, chemical

restraint, mechanical restraint, and physical restraint.

2.00(7)(a)

“Chemical Restraint” means the involuntary administration of

medication to a student for the purpose of restraining the student.

“Chemical Restraint” does not include:

2.00(7)(a)(i) Administering prescription medication that is regularly

administered to the student for medical treatment other than to

restrain the student’s freedom of movement (e.g., asthma

corticosteroid, mood disorder medication, insulin, or glucagon); or

2.00(7)(a)(ii) Administering medication for voluntary or life-saving medical

procedures, including epinephrine or diazepam.

2.00(7)(b)

“Mechanical Restraint” means a physical device used to restrict a

student’s voluntary freedom of movement or the movement or normal

function of a portion of their body. “Mechanical Restraint” does not include:

2.00(7)(b)(i) A device that is recommended for the student by a

physician, occupational therapist, or physical therapist; is agreed to

for use by the student’s parent (if the student does not have an IEP

or 504 Team), by the student’s IEP Team, or by the student’s

Section 504 Team; and is used in accordance with the student’s

Individualized Education Program (IEP) or Section 504 Plan;

2.00(7)(b)(ii) A protective device that is used to prevent a student from

self-harm, is agreed to for use by the student’s parent (if the

student does not have an IEP or 504 Team), by the student’s IEP

Team, or by the student’s Section 504 Team, and is used in

acco

e student’s

Section 504 Team; and is used in accordance with the student’s

Individualized Education Program (IEP) or Section 504 Plan;

2.00(7)(b)(ii) A protective device that is used to prevent a student from

self-harm, is agreed to for use by the student’s parent (if the

student does not have an IEP or 504 Team), by the student’s IEP

Team, or by the student’s Section 504 Team, and is used in

accordance with the student’s IEP or Section 504 Plan. The

protective device may include a helmet or mitts;

2.00(7)(b)(iii) An adaptive device that is used to facilitate instruction or

therapy for the student that is recommended for the student by a

physician, occupational therapist, or physical therapist; is agreed to

for use by the student, by the student’s IEP Team or Section 504

Team; and is used in accordance with the student’s IEP or Section

504 Plan; or

2.00(7)(b)(iv) A positioning or securing device that is used to facilitate the

student’s medical treatment that is recommended for the student by

a physician, occupational therapist, or physical therapist; is agreed

to for use by the student, by the student’s IEP Team or Section 504

Team, and is used in accordance with the student’s IEP or Section

504 Plan.

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2.00(7)(c)

For purposes of these rules, a “Physical Restraint” means the use

of bodily, physical force to limit a student’s voluntary freedom of

movement for more than one minute. “Physical Restraint” does not

include:

2.00(7)(c)(i) A physical intervention administered on a student that lasts

one minute or less for the protection of a student, others, or

property;

2.00(7)(c)(ii) The holding of a student by an adult for the purpose of

calming or comforting the student;

2.00(7)(c)(iii) Minimal physical contact for the purpose of safely escorting

a student from one place to another; or

2.00(7)(c)(iv) Minimal physical contact for the purpose of assisting a

student with a task or response

s

one minute or less for the protection of a student, others, or

property;

2.00(7)(c)(ii) The holding of a student by an adult for the purpose of

calming or comforting the student;

2.00(7)(c)(iii) Minimal physical contact for the purpose of safely escorting

a student from one place to another; or

2.00(7)(c)(iv) Minimal physical contact for the purpose of assisting a

student with a task or response.

2.00(7)(d)

“Prone Restraint” means a restraint in which the student who is

being restrained is secured in a face-down position.

2.00(8)

“Seclusion” is a form of restraint and means:

•

the placement of a student

•

alone in a room or area

•

from which egress is prevented.

2.00(8)(a)

“Seclusion” does not mean:

2.00(8)(a)(i) Placement of a student in residential services in the

student’s room for the night; or

2.00(8)(a)(ii) A “Time-out,” which is the removal of a student from a

potentially rewarding situation or from a situation that would

otherwise produce negative reinforcement. A Time-out does not

prevent a student’s egress.

2.00(9)

“Section 504 Plan” has the same meaning as set forth in Section 22-20-

123(2), C.R.S.

2.00(10)

“Section 504 Team” has the same meaning as set forth in Section 22-20-

123(2), C.R.S.

2.00(11)

“Armed” is defined as lawfully carrying a firearm as part of the officer’s job

duties.

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3.0

RESTRAINT PROHIBITED - EXCEPTIONS

3.00(1)

Except as provided in these rules, the use of a restraint on a student of a

local education provider is prohibited when the student is on the property of the

local education provider or is participating in an off-campus activity or event

sponsored by the local education provider.

3.00(2)

The prohibition on the use of restraint in Rule 3.00(1) does not apply to:

3.00(2)(a)

The use of mechanical, physical, or prone restraints on a student

enrolled in a local education provider who openly displays a deadly

weapon

when the student is on the property of the

local education provider or is participating in an off-campus activity or event

sponsored by the local education provider.

3.00(2)

The prohibition on the use of restraint in Rule 3.00(1) does not apply to:

3.00(2)(a)

The use of mechanical, physical, or prone restraints on a student

enrolled in a local education provider who openly displays a deadly

weapon.

3.00(2)(b)

The use of mechanical or prone restraints by an armed security

officer or a certified peace officer working in a local education provider’s

facilities when the conditions of rule 3.00(2)(d) are met and the officer:

3.00(2)(b)(i) Has received documented training in defensive tactics

utilizing handcuffing procedures;

3.00(2)(b)(ii) Has received documented training in restraint tactics utilizing

prone restraint; and

3.00(2)(b)(iii) Has made a referral to a law enforcement agency and is

making an arrest or is referring to law enforcement to make an

arrest.

3.00(2)(c)

The use of mechanical, physical, or prone restraints by a school

resource officer or a law enforcement officer acting in the officer’s official

capacity on the local education provider’s property, in a local education

provider’s vehicle, or at an activity or event sponsored by the local

education provider if there is a danger to the student or others or during a

custodial arrest that requires transport.

3.00(2)(d)

The use of physical restraint or seclusion in an emergency:

3.00(2)(d)(i) after the failure of less restrictive alternatives, or

3.00(2)(d)(ii) after the determination that less restrictive alternatives would

be inappropriate or ineffective during the emergency.

3.00(3)

Nothing in these rules prohibits transportation provided by the local

education provider from having seat belts, harnesses, car seats, or other devices

for passenger safety.

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ves, or

3.00(2)(d)(ii) after the determination that less restrictive alternatives would

be inappropriate or ineffective during the emergency.

3.00(3)

Nothing in these rules prohibits transportation provided by the local

education provider from having seat belts, harnesses, car seats, or other devices

for passenger safety.

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4.0

SECLUSION REQUIREMENTS

4.00(1)

If a local education provider uses a room for seclusion as a type of

restraint, there must be at least one window to monitor the student when the door

is closed.

4.00(1)(a)

If a window is not feasible, monitoring must be with a video camera.

4.00(2)

A room used for seclusion must be in a safe space free of injurious items.

4.00(2)(a)

The room must not be used by school staff for storage, custodial

purposes, or office space.

4.00(3)

A student placed in seclusion must be continually monitored and provided

relief periods from seclusion for reasonable access to toilet facilities.

5.0

LIMITATIONS AND DUTIES ON THE USE OF RESTRAINTS

5.00(1)

A local education provider that, or a local education provider’s employee

or agent who, uses restraint shall use the restraint:

5.00(1)(a)

Only for the purpose of preventing the continuation or renewal of

the appropriate circumstances described in Rule 3.00(2);

5.00(1)(b)

Only for the period of time necessary to accomplish its purpose;

and

5.00(1)(c)

In the case of physical restraint, only if no more force than is

necessary to limit the individual’s freedom of movement is used.

5.00(2)

If property damage may be involved, a local education provider may only

use restraint when:

5.00(2)(a)

The destruction of property would result in a serious, probable,

imminent threat of bodily harm to self or others; and

5.00(2)(b)

There is the present ability to effect such bodily harm

straint, only if no more force than is

necessary to limit the individual’s freedom of movement is used.

5.00(2)

If property damage may be involved, a local education provider may only

use restraint when:

5.00(2)(a)

The destruction of property would result in a serious, probable,

imminent threat of bodily harm to self or others; and

5.00(2)(b)

There is the present ability to effect such bodily harm.

5.00(3)

A local education provider, or local education provider’s employee or

agent, must not use restraint as a:

5.00(3)(a)

Form of punishment or disciplinary sanction;

5.00(3)(b)

Form of treatment as part of a treatment plan or as a way to modify

behavior as part of a behavior modification plan; or

5.00(3)(c)

Form of retaliation.

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5.00(4)

A local education provider that, or a local education provider’s employee

or agent who, uses a physical restraint must ensure that:

5.00(4)(a)

A physical restraint does not place excess pressure on the

student’s chest or back or inhibit or impede the student’s ability to breathe;

and

5.00(4)(b)

During the physical restraint of a student, the student’s breathing is

not compromised; and

5.00(4)(c)

The student is released from the restraint within fifteen minutes

after the initiation of the restraint, except when it would be unsafe to do so.

6.0

TRAINING

6.00(1)

A local education provider that uses restraint must ensure that all

employees and agents who are involved in using restraint in its facilities or

programs are trained

tudent, the student’s breathing is

not compromised; and

5.00(4)(c)

The student is released from the restraint within fifteen minutes

after the initiation of the restraint, except when it would be unsafe to do so.

6.0

TRAINING

6.00(1)

A local education provider that uses restraint must ensure that all

employees and agents who are involved in using restraint in its facilities or

programs are trained. Training must include:

6.00(1)(a)

The appropriate use of restraint, which includes;

6.00(1)(a)(i) A continuum of prevention techniques;

6.00(1)(a)(ii) Environmental management;

6.00(1)(a)(iii) A continuum of de-escalation techniques;

6.00(1)(a)(iv) An understanding of the impact of adverse childhood events

or trauma on students and their behavior and how to respond

appropriately to avoid further harm or trauma to students through

the use of restraint or seclusion;

6.00(1)(a)(v) Nationally recognized physical management and restraint

practices, including, but not limited to, techniques that allow

restraint in an upright or sitting position and information about the

dangers created by prone restraint;

6.00(1)(b)

Methods to explain the use of restraint to a student who is

restrained and the student’s family; and

6.00(1)(c)

Appropriate documentation and notification procedures, including

monitoring and recording the time duration of a restraint or seclusion.

6.00(2)

Retraining shall occur at a frequency of at least every two years.

6.00(3)

The Department shall make training available to local education providers

and their employees and agents on the requirements of the statute and on these

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ures, including

monitoring and recording the time duration of a restraint or seclusion.

6.00(2)

Retraining shall occur at a frequency of at least every two years.

6.00(3)

The Department shall make training available to local education providers

and their employees and agents on the requirements of the statute and on these

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rules. This training will include differences between state law and current federal

guidance on restraint and seclusion.

7.0

DOCUMENTATION AND NOTIFICATION REQUIREMENTS

7.00(1)

If there is a reasonable probability that a physical restraint or seclusion

may be used with a specific student, the local education provider shall provide

written notice to the parent of the student and, if appropriate, to the student,

regarding physical restraint or seclusion procedures that may be used, the

circumstances in which physical restraint or seclusion might be used, and the

local education provider’s employees or agents who may be involved. The local

education provider shall meet with a parent who received a written notice

pursuant to this subsection 7.00(1) and requested a meeting to discuss the

written notice.

7.00(2)

Notification and Documentation Requirements:

7.00(2)(a)

All restraints: A local education provider shall require its employee

or agent who uses a restraint on a student to submit a written report of the

incident to the local education provider no later than one school day after

the incident occurred.

7.00(2)(b)

Physical restraint, more than one minute but less than five

minutes: If a physical restraint is used for more than one minute but less

than five minutes, the local education provider must provide written notice

on the day of the restraint to the parent or legal guardian of the student.

The written notice must include the date, the name of the student, and the

number of restraints used that day that lasted between one and five

minutes

ute but less than five

minutes: If a physical restraint is used for more than one minute but less

than five minutes, the local education provider must provide written notice

on the day of the restraint to the parent or legal guardian of the student.

The written notice must include the date, the name of the student, and the

number of restraints used that day that lasted between one and five

minutes.

7.00(2)(c)

Physical restraint, five minutes or more, and any seclusion: If a

physical restraint is used for five minutes or more, or if the student is

placed in seclusion for any length of time, the local education provider

shall provide verbal or written notice on the day of the physical restraint or

seclusion to the parent of the student and shall mail or email a written

report of the incident to the parent of the student not more than five

calendar days after the use of the restraint on the student. The written

report of the use of restraint must be placed in the student’s confidential

file and include:

7.00(2)(c)(i) The antecedent of the student’s behavior, if known;

7.00(2)(c)(ii) A description of the incident;

7.00(2)(c)(iii) Any efforts made to deescalate the situation;

7.00(2)(c)(iv) Any alternatives to the use of restraint or seclusion that were

attempted;

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7.00(2)(c)(v) The type and duration of the restraint or seclusion used;

7.00(2)(c)(vi) Any injuries that occurred;

7.00(2)(c)(vii) The names of the local education provider’s employees or

agents who were present and employees and agents who were

involved in administering the restraint or seclusion;

7.00(2)(c)(viii)

The start and end time of the restraint or seclusion;

7.00(2)(c)(ix) Details concerning the notification provided to the parent or

legal guardian; and

7.00(2)(c)(x) For seclusion, details concerning whether the door was

opened or closed

education provider’s employees or

agents who were present and employees and agents who were

involved in administering the restraint or seclusion;

7.00(2)(c)(viii)

The start and end time of the restraint or seclusion;

7.00(2)(c)(ix) Details concerning the notification provided to the parent or

legal guardian; and

7.00(2)(c)(x) For seclusion, details concerning whether the door was

opened or closed.

7.00(3)

When administration staff completes the written report described in

7.00(2)(c), the administrative staff or their designees should also review to

assure that appropriate procedures were followed and to minimize future use of

restraint when possible.

7.00(3)(a)

Such staff review should include, but is not limited to:

7.00(3)(a)(i) Ensuring there is follow up communication with the student

and their parent;

7.00(3)(a)(ii) Considering whether there were alternative strategies that

could have been used; and

7.00(3)(a)(iii) Recommending adjustment of procedures, if appropriate.

7.00(3)(b)

If requested by the local education provider or the parent of the

student, the local education provider shall convene a meeting to review

the incident. For students with IEPs or Section 504 Plans, such a review

may occur through the IEP or Section 504 process.

8.0

ANNUAL REVIEW OF THE USE OF RESTRAINT

8.00(1)

Annual Restraint Review Process

8.00(1)(a)

Each local education provider shall establish an annual review

process and document the results of each review in writing.

8.00(1)(a)(i) For a charter school authorized by a school district, the data

and the written review shall be integrated into the annual review of

the authorizing school district.

8.00(1)(a)(ii) Each institute charter school shall conduct their own review.

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review

process and document the results of each review in writing.

8.00(1)(a)(i) For a charter school authorized by a school district, the data

and the written review shall be integrated into the annual review of

the authorizing school district.

8.00(1)(a)(ii) Each institute charter school shall conduct their own review.

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8.00(1)(a)(iii) Each BOCES that operates one or more public schools shall

conduct their own review.

8.00(1)(b)

The purpose of each annual review process is to ensure that the

local education provider is properly administering restraint, minimizing and

preventing the use of restraint by increasing the use of positive behavior

interventions, and reducing the incidence of injury to students, employees,

and agents.

8.00(1)(c)

Each annual review process must include, but is not limited to:

8.00(1)(c)(i) An analysis of incident reports, including consideration of

procedures used during the restraint, preventative or alternative

techniques attempted, documentation, and follow up;

8.00(1)(c)(ii) Training needs of staff;

8.00(1)(c)(iii) Staff-to-student ratios; and

8.00(1)(c)(iv) Environmental considerations, including physical space,

student seating arrangements, and noise levels.

9.0

ANNUAL REPORTING

9.00(1)

No later than June 30, 2026, and no later than every June 30 thereafter,

each school district, BOCES that operates one or more public schools, and

institute charter school shall submit in a report to the Department of Education,

the information from the annual review conducted pursuant to rule 8.00 and the

following data on restraints used by employees or agents of the local education

provider:

9.00(1)(a)

The total number of physical restraints lasting more than one

minute but less than five minutes;

9.00(1)(b)

The total number of physical restraints lasting five minutes or more;

9.00(1)(c)

The total number of students who experienced at least one physical

restraint lasting more than one minute but less than five minut

straints used by employees or agents of the local education

provider:

9.00(1)(a)

The total number of physical restraints lasting more than one

minute but less than five minutes;

9.00(1)(b)

The total number of physical restraints lasting five minutes or more;

9.00(1)(c)

The total number of students who experienced at least one physical

restraint lasting more than one minute but less than five minutes;

9.00(1)(d)

The total number of students who experienced at least one physical

restraint lasting five minutes or more; and

9.00(1)(e)

The total number of students who experienced at least one

seclusion.

9.00(1)(f)

The total number of seclusions;

9.00(1)(g)

The total number of mechanical restraints;

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9.00(1)(h)

Within the total number of mechanical restraints, how many were

restraints using handcuffs; and

9.00(1)(i)

The total number of prone restraints.

9.00(2)

School districts should track restraints in their district schools, charter

schools authorized by the district, and any separate school operated by the

school district for students with disabilities.

9.00(3)

Each institute charter school shall track its own restraints.

9.00(4)

Each BOCES that operates one or more public schools shall track all

restraints used in the BOCES schools and those students shall be reported

through the BOCES code rather than the school district code.

9.00(5)

For purposes of this data collection, local education providers are not

required to track restraints for students that are placed outside of the local

education provider (e.g., at a facility).

9.00(6)

Local education providers may have additional reporting requirements

under law or contract, even if their restraints are not reported pursuant to these

rules.

10.0 COMPLAINT PROCEDURES AND REGULATIONS

10.00(1)

A student or a parent, or a third party on behalf of a student or the

student’s parent, may file a complaint about the use of restraint used by a local

education provider

facility).

9.00(6)

Local education providers may have additional reporting requirements

under law or contract, even if their restraints are not reported pursuant to these

rules.

10.0 COMPLAINT PROCEDURES AND REGULATIONS

10.00(1)

A student or a parent, or a third party on behalf of a student or the

student’s parent, may file a complaint about the use of restraint used by a local

education provider.

10.00(2)

Required Content of Complaints: A Complaint must contain the following

information:

10.00(2)(a) A statement that a local education provider employee or agent has

violated a requirement regarding the use of restraint on the student and an

identification of the portion of the law or rule alleged to have been violated,

if known by the complainant;

10.00(2)(b) The facts on which the Complaint is based, including the names

and positions or titles of persons involved, the date of the alleged violation,

the location where the alleged violation took place, and a description of

what happened;

10.00(2)(c)

The name and the residential address of the child against whom

the alleged violation occurred;

10.00(2)(d) The name of the school that the child was attending when the

alleged violation occurred;

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10.00(2)(e) A proposed resolution to the alleged violation, if the complainant

has a suggestion;

10.00(2)(f)

The Complaint must allege that the violation(s) set forth in the

Complaint occurred not more than one (1) year prior to the date that the

Complaint is filed with the CDE;

10.00(2)(g) The signature and contact information (minimally, address and

telephone number) for the complainant; and

10.00(2)(h) Written verification in a cover letter accompanying the Complaint

that a complete copy of the Complaint and any attachments have also

been mailed, hand-delivered, or delivered by other secure method to the

local education provider serving the child

is filed with the CDE;

10.00(2)(g) The signature and contact information (minimally, address and

telephone number) for the complainant; and

10.00(2)(h) Written verification in a cover letter accompanying the Complaint

that a complete copy of the Complaint and any attachments have also

been mailed, hand-delivered, or delivered by other secure method to the

local education provider serving the child.

10.00(3)

The Complaint, including any attachments, must be mailed, hand-

delivered, or delivered by other secure method to the IDEA State Complaints

Officer:

State Complaints Officer Colorado Department of Education

Office of Special Education, Dispute Resolution

201 East Colfax Avenue

Denver, Colorado 80202

Additionally, as noted in paragraph 10.00(2)(h) above, a complete copy of the

Complaint, including any attachments, must also be mailed, hand-delivered, or

delivered by other secure method to the local education provider serving the

child.

10.00(4)

Complaints involving children with disabilities

10.00(4)(a) If the State Complaints Officer determines that the Complaint

alleges a violation of the Individuals with Disabilities Education Act (IDEA)

or its implementing regulations in 34 C.F.R. Part 300, then the Complaint

shall be processed through CDE’s IDEA state complaint process. In these

cases, the State Complaints Officer shall also have the authority to

investigate and process a Complaint alleging improper use of seclusion

and restraints in accordance with the timelines and procedures outlined in

these rules.

10.00(4)(b) If the State Complaints Officer determines that the Complaint does

not meet the criteria under section 10.00(4)(a), he or she shall refer the

Complaint to the Restraint Complaints Officer (RCO) within five calendar

days of receiving the Complaint and shall notify the complainant in writing

of this referral.

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s.

10.00(4)(b) If the State Complaints Officer determines that the Complaint does

not meet the criteria under section 10.00(4)(a), he or she shall refer the

Complaint to the Restraint Complaints Officer (RCO) within five calendar

days of receiving the Complaint and shall notify the complainant in writing

of this referral.

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10.00(4)(c)

Nothing in this subsection shall require the complainant to submit

an additional Complaint directly to the RCO.

10.00(5)

The Complaint shall be considered properly filed with the Department

when it is received in CDE’s Dispute Resolution Office and satisfies paragraph

10.00(2) above. A Complaint, once filed, will not be accepted for investigation if

the CDE does not have jurisdiction (i.e., authority) to investigate; or if the

Complaint does not set forth sufficient grounds on which to grant relief.

10.00(6)

Within ten calendar (10) days of receipt of the Complaint, the RCO shall

decide to accept or reject the Complaint for investigation and notify the

complainant in writing. If the Complaint was sent via mail, the RCO’s decision

shall be postmarked by the 10th day. If the Complaint is accepted, the RCO

shall:

10.00(6)(a) Notify the complainant of receipt and acceptance of the Complaint;

10.00(6)(b) Notify, by certified or overnight mail, the local education

provider of each and every allegation contained in the Complaint together

with a complete copy of the Complaint; and

10.00(6)(c)

Initiate an investigation concerning the allegations contained in the

Complaint.

10.00(7)

Complaint Timelines:

10.00(7)(a) Response: Within fifteen (15) calendar days of receiving the RCO’s

notification of the Complaint, the local education provider may file a

Response to the Complaint allegations and provide information which it

deems necessary or useful for the RCO to consider in conducting a

thorough investigation

ation concerning the allegations contained in the

Complaint.

10.00(7)

Complaint Timelines:

10.00(7)(a) Response: Within fifteen (15) calendar days of receiving the RCO’s

notification of the Complaint, the local education provider may file a

Response to the Complaint allegations and provide information which it

deems necessary or useful for the RCO to consider in conducting a

thorough investigation. If the local education provider fails to timely

respond to an allegation, the RCO may, in the RCO’s sole discretion,

deem the allegation admitted.

The Response is due by 5:00 p.m. on the date due. The local education

provider shall provide any written Response to the RCO and also a

complete copy of the Response, including any attachments, to the

complainant unless doing so would violate relevant laws regarding

confidentiality. The local education provider shall provide the RCO with a

legible copy of the written tracking receipt which verifies that a complete

copy of the Response, including any attachments, was sent by certified or

overnight mail to the complainant.

10.00(7)(b) Reply: Within ten (10) calendar days of delivery of the response,

the complainant may file a written Reply to the Response, including any

attachments, in support of the complainant’s position. The complainant

shall provide any written Reply to the RCO at the address identified in

paragraph 10.00(3), above, and also provide the RCO by 5:00 p.m. on the

date due with written verification that a complete copy of the Reply,

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n Reply to the Response, including any

attachments, in support of the complainant’s position. The complainant

shall provide any written Reply to the RCO at the address identified in

paragraph 10.00(3), above, and also provide the RCO by 5:00 p.m. on the

date due with written verification that a complete copy of the Reply,

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including any attachments, was also mailed or hand-delivered to the local

education provider.

The Response and Reply must be delivered by 5:00 p.m. on the date due

to the office of the RCO and not merely postmarked by the due date. If the

Response or Reply is untimely, the RCO may, within the RCO’s sole

discretion, refuse to consider the late document.

10.00(7)(c)

Timeline Extensions: If the RCO finds that exceptional

circumstances exist with respect to a particular Complaint, the RCO may,

in the RCO’s sole discretion, extend for a reasonable period of time, any

of the timelines set forth in these Complaint procedures. Any request and

extension of a timeline must occur prior to expiration of the timeline and

shall be documented in a written order issued by the RCO prior to the

expiration of the timeline and mailed to the parties. The RCO does not

have authority to extend the regulatory statute of limitations of one (1) year

described in Section 10.00(2)(f) above.

10.00(7)(d) If one or more due dates in the process fall on a weekend or a state

holiday, the due date shall be the next calendar day following a weekend

or state holiday if the due date is on a weekend or state holiday.

10.00(8)

Complaint Investigations:

10.00(8)(a) The Complaint investigation may include but is not limited to: an

onsite investigation; request(s) that the complainant or local education

provider provide additional information; and request(s) to review records in

the possession of either party

e next calendar day following a weekend

or state holiday if the due date is on a weekend or state holiday.

10.00(8)

Complaint Investigations:

10.00(8)(a) The Complaint investigation may include but is not limited to: an

onsite investigation; request(s) that the complainant or local education

provider provide additional information; and request(s) to review records in

the possession of either party.

10.00(8)(b) Any time after a Complaint is filed and before the Complaint is

resolved, the RCO may recommend a local education provider to

undertake immediate action in an extraordinary situation when it is

imperative to do so in order to protect the rights, health or safety of any

student.

10.00(8)(c)

The CDE, through the RCO, shall have sixty (60) calendar days

from the date of receipt of the properly filed Complaint, to resolve the

Complaint. The parties may mutually agree to extend the sixty (60)

calendar day time limit in order to engage in voluntary mediation. Any

extension of the Decision due date will be set by the RCO to a date certain

as per section 10.00(7)(c), above.

10.00(9)

Complaint Resolution:

10.00(9)(a) The RCO shall issue a written decision which details the findings of

fact and conclusions of law unless the issues have been previously

resolved. Based upon a finding that a local education provider has failed

substantially to comply with state laws and regulations for the use of

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restraint or seclusion, the RCO will, as part of the resolution of the

Complaint, make recommendations to the local education provider of

remedial actions that may be taken in order to come into compliance with

applicable law and regulations, (e.g., technical assistance and training

activities).

10.00(9)(b) The department of education has enforcement authority over the

restraint and seclusion investigation decisions and may require corrective

action by the local education agency.

10.00(9)(c)

The decision of the RCO shall be final.

f

remedial actions that may be taken in order to come into compliance with

applicable law and regulations, (e.g., technical assistance and training

activities).

10.00(9)(b) The department of education has enforcement authority over the

restraint and seclusion investigation decisions and may require corrective

action by the local education agency.

10.00(9)(c)

The decision of the RCO shall be final.

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Editor’s Notes

History

Entire rule eff. 12/31/2009.

Entire rule eff. 11/30/2017.

Entire rule eff. 06/30/2023.

Entire rule eff. 06/01/2026.