JKA – Use of Physical Intervention and Restraint

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To maintain a safe learning environment, District employees may, within the scope of their employment and consistent with state law and regulations, use physical intervention and restraint with students in accordance with this policy and accompanying regulation. Such actions shall not be considered child abuse or corporal punishment if performed in good faith and in compliance with this policy and accompanying regulation. A. Physical Intervention Corporal punishment shall not be administered to any student by any District employee. Within the scope of their employment, District employees may use reasonable and appropriate physical intervention with a student, that does not constitute restraint as defined by this policy, including holding a student for more than one (1) minute, to accomplish the following:
  1. To quell a disturbance threatening physical injury to the student or others.
  2. To obtain possession of weapons or other dangerous objects upon or within the control of the student.
  3. For the purposes of self-defense.
  4. For the protection of persons against physical injury or to prevent the destruction of property which could lead to physical injury to the student or others.
Under no circumstances shall a student be physically restrained unless the provisions regarding restraint contained in this policy and accompanying regulation are followed. B. Restraint Restraint is defined by state law and this policy as any method or device used to involuntarily limit a student's freedom of movement, including but not limited to bodily physical force, mechanical devices, chemicals and seclusion. Restraint shall not include the holding of a student for less than one (1) minute by a District employee for the protection of the student or others and other actions excluded from the definition of restraint in state law. District employees shall not use restraint as a punitive form of discipline or as a threat to control or gain compliance of a student's behavior. District employees are also prohibited from restraining a student by use of a prone restraint, mechanical restraint, or chemical restraint, as those terms are defined by applicable state law, State Board of Education rules and this policy's accompanying regulation. Restraint shall only be administered by District employees trained in accordance with applicable State Board of Education rules and this policy's accompanying regulation. C. Exceptions The prohibition on the use of mechanical or prone restraints for students in this policy and accompanying regulation shall not apply:
  1. to certified peace officers as defined by C.R.S. §16-2.5-101 et seq. who are acting within the scope of their employment or in accordance with C.R.S. §16-3-109; and armed security officers working in a school when (a) the officer has received documented training in defensive tactics utilizing handcuffing procedures and in restraint tactics utilizing prone holds and (b) the officer has made a referral to a law enforcement agency, as required by C.R.S. § 26-20-11; and
  2. when a student is openly displaying a deadly weapon such as a firearm, whether loaded or unloaded, a knife, bludgeon, or any other weapon, device, instrument, material or substances, whether animate or inanimate, that, in a manner it is used or intended to be used, is capable of producing death or serious bodily injury as that term is defined in C.R.S. §18-1-901(3)(p).
A school resource officer or law enforcement officer acting in the officer's official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall not use handcuffs on any student unless there is a danger to themselves or others, or handcuffs are used during a custodial arrest that requires transport. Originally Adopted: February 13, 2012 Last Revised: April 12, 2021 Current Revision: April 10, 2023
Legal References: C.R.S. § 18-1-703 (use of physical force by those supervising minors)
C.R.S. § 18-1-901(3)(e) & (p) (definition of deadly weapon and serious bodily injury)
C.R.S. § 18-6-401 (1) (definition of child abuse)
C.R.S. § 19-1-103 (1) (definition of abuse and neglect)
C.R.S. § 22-32-109.1 (2)(a) (adoption and enforcement of discipline code)
C.R.S. § 22-32-109.1 (2)(a)(I)(D)(policy required as part of safe schools plan)
C.R.S. § 22-32-109.1 (2)(a)(I)(L) (policy required for use of restraint and seclusion)
C.R.S. § 22-32-109.1 (9) (immunity provisions in safe schools law)
C.R.S. § 22-32-147 (use of restraints on students)
C.R.S. § 26-20-101 et seq. (Protection of Persons from Restrain tAct)
C.R.S. § 26-20 -111 et seq. (use of restraint in public schools)
1 CCR 301-45 (State Board of Education rules for the Administration of the Protection of Person from Restraint Act)
Adoption Date: February 13, 2012 Last Revised: April 10, 2023
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