New Mexico Statute 22-5-4.12 – Concerning the Use of Restraint and Seclusion in Schools

By Terry Vittone | July 05, 2018 | New Mexico | In Effect | 0 comments
New Mexico Statute § 22-5-4.12, concerning the use of restraint and seclusion in schools, became effective on June 16, 2017. Key sections of the Statute include:
A. A school may permit the use of restraint or seclusion techniques on any student only if both of the following apply:
(1) the student's behavior presents an imminent danger of serious physical harm to the student or others; and
(2) less restrictive interventions appear insufficient to mitigate the imminent danger of serious physical harm.
B. If a restraint or seclusion technique is used on a student:

(1) school employees shall maintain continuous visual observation and monitoring of the student while the restraint or seclusion technique is in use;
(2) the restraint or seclusion technique shall end when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others;
(3) the restraint or seclusion technique shall be used only by school employees who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon those trained school employees;
(4) the restraint technique employed shall not impede the student's ability to breathe or speak; and
(5) the restraint technique shall not be out of proportion to the student's age or physical condition.
CPI Training Can Help Your School Comply With the Statute
CPI offers training and resources to help schools meet legislative mandates like the policy requirements set forth in the New Mexico Statute. Nonviolent Crisis Intervention® training equips staff with techniques for both the prevention of and the safe use of restraint. Our train-the-trainer program helps staff identify underlying causes of student behaviors, and how staff and student behaviors affect each other. The program also emphasizes:
  • Evaluating risk of harm and signs of distress.
  • Documenting incidents.
  • Safer, less restrictive holding skills to be used only as a last resort.
  • Behavioral supports.
  • Implementing evidence-based practices.
How to Get Training
We can bring the Nonviolent Crisis Intervention® training program on-site to your school, or you can attend training in one of more than 170 public locations throughout the US.
More Resources
Get helpful hints for crisis intervention and learn about CPI training and restraint reduction.

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