New Mexico 2025 Regular Session Status: Passed House 4 D cosponsors

HB 260 — ALLOWABLE RESPONSES TO STUDENT BEHAVIOR

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

509 added · 439 removed

Plain-language change summary

The recent amendment to House Bill 260 removes the name of a co-sponsor, Patricia Roybal Caballero. It retains the focus on addressing student behavior in public schools, particularly by limiting physical restraint and prohibiting other forms of restraint and seclusion. This change is relevant because it clarifies the leadership of the bill while still emphasizing the protection and appropriate handling of student behavior in educational settings.

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HOUSE BILL 260 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Yanira Gurrola and Eleanor Chávez and E.
HOUSE BILL 260 57TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Yanira Gurrola and Eleanor Chávez and E.
Diane Torres-Velásquez and Patricia Roybal Caballero 7 FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE 10 AN ACT RELATING TO PUBLIC SCHOOLS;
Diane Torres-Velásquez This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ADDRESSING ALLOWABLE RESPONSES TO STUDENT BEHAVIOR;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE h AN ACT g o RELATING TO PUBLIC SCHOOLS;
ADDRESSING ALLOWABLE RESPONSES TO t hr g e i k STUDENT BEHAVIOR;
PROHIBITING OTHER TYPES OF RESTRAINT AND SECLUSION;
h r i s PROHIBITING OTHER TYPES OF RESTRAINT AND SECLUSION;
REQUIRING TRAINING;
REQUIRING h , t, TRAINING;
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e t 17 SECTION 1.
l ] b ,d i a º e SECTION 1.
Section 22-5-4.12 NMSA 1978 (being Laws 2017, w l n d 18 Chapter 33, Section 1) is amended to read:
Section 22-5-4.12 NMSA 1978 (being Laws 2017, r i = r t e w d Chapter 33, Section 1) is amended to read:
= = 19 "22-5-4.12.
m a n o d m :
USE OF PHYSICAL RESTRAINT [AND SECLUSION]-- a l i a e r 20 PROHIBITED ACTIVITIES--TECHNIQUES--REQUIREMENTS.-- a t m m 21 A.
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e e a n e d r e l u [ A d "22-5-4.12.
USE OF PHYSICAL RESTRAINT [AND SECLUSION]-- PROHIBITED ACTIVITIES --TECHNIQUES--REQUIREMENTS.-- A.
d r e 22 (1) "chemical restraint" means a medication c e s k 23 used to control behavior or movement;
(1) "chemical restraint" means a medication used to control behavior or movement;
provided that "chemical e a n b 24 restraint" does not include the administration of medication u [ prescribed by a health care provider as standard treatment for .229346.1 the mental or physical condition of a student;
provided that "chemical restraint" does not include the administration of medication prescribed by a health care provider as standard treatment for the mental or physical condition of a student;
(4) "first responder" means a person based outside of a public school who functions within the emergency medical services system and who is dispatched to a public school to provide initial emergency aid;
(4) "first responder" means a person based outside of a public school who functions within the emergency h medical services system and who is dispatched to a public g o t hr school to provide initial emergency aid;
(5) "less restrictive intervention" includes positive behavior interventions and supports and de-escalation;
g e i k (5) "less restrictive intervention" includes h r i s positive behavior interventions and supports and de-escalation;
(6) "mechanical restraint" means applying a device or an object to the student's body that restricts the student's free movement;
h , t, (6) "mechanical restraint" means applying a e u g e b l e e h device or an object to the student's body that restricts the n d d i = = o h student's free movement;
provided that "mechanical restraint" e t 17 does not include adaptive devices, mechanical supports, vehicle w l n d 18 safety restraints or other devices or objects that are = = 19 a l prescribed by a health care provider or authorized by parental i a e r 20 consent for a student;
provided that "mechanical restraint" l ] b ,d i a º e does not include adaptive devices, mechanical supports, vehicle r i = r t e w d m a n o safety restraints or other devices or objects that are d m :
a t m m 21 (7) "physical escort" means touching or d r e 22 holding of the hand, wrist, arm, shoulder or back to induce a c e s k 23 student to walk to a safe location;
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 2 - e a n e d r e l u [ A d prescribed by a health care provider or authorized by parental consent for a student;
e a n b 24 (8) "physical restraint" means the use of u [ physical force without the use of any device or material that .229346.1 - 2 - restricts the free movement of all or a portion of the student's body but does not include physical escort;
(7) "physical escort" means touching or holding of the hand, wrist, arm, shoulder or back to induce a student to walk to a safe location;
(8) "physical restraint" means the use of physical force without the use of any device or material that restricts the free movement of all or a portion of the student's body but does not include physical escort;
(11) "seclusion" means the involuntary confinement of a student alone in a room or area from which egress is prevented and without continuous line-of-sight supervision;
(11) "seclusion" means the involuntary h confinement of a student alone in a room or area from which u » r egress is prevented HGEICºand without continuous line-of-sight t h g e l i supervision»HGEIC ;
provided that "seclusion" does not mean the use of voluntary behavior management techniques, including a time-out location, as part of a student's education plan, individual safety plan, behavioral plan or individualized education program that involves the student's separation from a larger e t 17 group for purposes of calming the student;
provided that "seclusion" does not mean h r i s HGEICº:
and w l n d 18 (12) "time-out" means a continuum of behavior = = 19 a l management techniques designed to address inappropriate student i a e r 20 behavior that begin with minimally intrusive strategies up to a t m m 21 separation of the student from classmates for some amount of d r e 22 time before a return to the classroom.
h , e h (a)»HGEIC the use of voluntary behavior t u g e b l e e , gh management techniques, including a time-out location, as part n d d i = = o h of a student's education plan, individual safety plan, l ] b ,d i a º r behavioral plan or individualized education program that e r = t e w d m a n o involves the student's separation from a larger group for d m :
c e s k 23 B.
b r e t º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 3 - e a n e d r e l u [ A d purposes of calming the student;
The following activities are prohibited in e a n b 24 public schools:
HGEICºand»HGEIC HGEICºor»HGEIC HGEICº(b) supervised confinement with continuous line-of-sight supervision of a student in the case of imminent serious physical harm by the student to self or others, and confinement shall end immediately when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others.
u [ (1) seclusion;
Instances of supervised confinement are subject to all the requirements and limitations applied to physical restraint, including the reporting and documentation requirements of Subsection H of this section;
.229346.1 - 3 - (2) chemical restraint;
and»HGEIC (12) "time-out" means a continuum of behavior management techniques designed to address inappropriate student behavior that begin with minimally intrusive strategies up to separation of the student from classmates for some amount of h g time before a return to the classroom.
(3) mechanical restraint;
o t hr B.
and (4) prone restraint.
The following activities are prohibited in g e i k public schools:
[A.] C.
h r i s (1) seclusion;
A public school may [permit] allow the use of physical restraint [or seclusion] techniques on [any] a student only if [both of the following apply]:
h , t, e u g (2) chemical restraint;
e b l e e h (3) mechanical restraint;
and n d d i = = o h (4) prone restraint.
l ] b ,d i a º e r i = r [A.] C.
A public school may [permit] allow the use t e w d m a n o of physical restraint [or seclusion] techniques on [any] a d m :
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 4 - e a n e d r e l u [ A d student only if [both of the following apply]:
and (2) less restrictive interventions [appear] are insufficient to mitigate the imminent danger of serious physical harm;
and (2) less restrictive interventions [appear ] are insufficient to mitigate the imminent danger of serious physical harm;
(1) school employees shall maintain continuous visual observation and monitoring of the student while the e t 17 restraint or seclusion technique is in use;
(1) school employees shall maintain continuous visual observation and monitoring of the student while the restraint or seclusion technique is in use;
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w l n d 18 (2) the restraint or seclusion technique shall = = 19 a l end when the student's behavior no longer presents an imminent i a e r 20 danger of serious physical harm to the student or others;
(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;
a t m m 21 (3) the restraint or seclusion technique shall d r e 22 be used only by school employees who are trained in the safe c e s k 23 and effective use of restraint and seclusion techniques unless e a n b 24 an emergency situation does not allow sufficient time to summon u [ those trained school employees;
(3) the restraint or seclusion technique shall h be used only by school employees who are trained in the safe g o t hr and effective use of restraint and seclusion techniques unless g e i k an emergency situation does not allow sufficient time to summon h r i s those trained school employees;
.229346.1 - 4 - (4) the restraint technique employed shall not impede the student's ability to breathe or speak;
h , t, (4) the restraint technique employed shall not e u g e b l e e h 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] or (3) the student is eloping and the conditions in Paragraphs (1) and (2) of this subsection are also met.
and n d d i = = o h (5) the restraint technique shall not be out l ] b ,d i a º e of proportion to the student's age or physical condition] or r i = r t e w d m a n o (3) the student is eloping and the conditions d m :
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 5 - e a n e d r e l u [ A d in Paragraphs (1) and (2) of this subsection are also met.
[C.] D.
[C.
] D.
e t 17 [(1) the school safety plan shall] (2) not be w l n d 18 specific to [any] an individual student;
[(1) the school safety plan shall ] (2) not be specific to [any ] an individual student;
[and = = 19 a l (2) any school safety plan shall] (3) be i a e r 20 drafted by a planning team that includes at least one person a t m m 21 trained and certified in positive behavior interventions and d r e 22 supports, de-escalation and restraint techniques and at least c e s k 23 one special education expert;
[and (2) any school safety plan shall] (3) be drafted by a planning team that includes at least one person trained and certified in positive behavior interventions and h supports, de-escalation and restraint techniques and at least g o t hr one special education expert;
e a n b 24 (4) address school district supports and u [ strategies applicable to physical restraint for school .229346.1 - 5 - employees to successfully reintegrate a student who has been physically restrained back into the school or classroom;
g e i k (4) address school district supports and h r i s strategies applicable to physical restraint for school h , t, employees to successfully reintegrate a student who has been e u g e b l e e h physically restrained back into the school or classroom;
(5) address elopement in a separate section and shall have procedures for elopement that requires physical restraint and elopement that requires interventions less than restraint;
n d d i = = o h (5) address elopement in a separate section l ] b ,d i a º e and shall have procedures for elopement that requires physical r i = r t e w d m a n o restraint and elopement that requires interventions less than d m :
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 6 - e a n e d r e l u [ A d restraint;
e t 17 (1) less restrictive interventions, including w l n d 18 positive behavior interventions and supports and de-escalation;
(1) less restrictive interventions, including positive behavior interventions and supports and de-escalation;
= = 19 a l (2) hypothetical-situation training for i a e r 20 triaging use of less restrictive interventions or physical a t m m 21 restraint;
(2) hypothetical-situation training for triaging use of less restrictive interventions or physical restraint;
d r e 22 (3) practice sessions on physical restraint c e s k 23 techniques;
h (3) practice sessions on physical restraint g o t hr techniques;
e a n b 24 (4) physical restraint techniques in u [ proportion to the student's age or physical condition;
g e i k (4) physical restraint techniques in h r i s proportion to the student's age or physical condition;
and .229346.1 - 6 - (5) monitoring, documenting and reporting when physical restraint is used.
and h , t, (5) monitoring, documenting and reporting when e u g e b l e e h physical restraint is used.
F.
n d d i = = o h F.
If a physical restraint technique is used on a student:
If a physical restraint technique is used on a l ] b ,d i a º e student:
(1) school employees shall maintain continuous visual observation and monitoring of the student while the restraint technique is in use;
r i = r t e w d m a n o (1) school employees shall maintain continuous d m :
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 7 - e a n e d r e l u [ A d visual observation and monitoring of the student while the restraint technique is in use;
(3) the physical restraint technique shall be used only by school employees who are trained in the safe and effective use of restraint techniques unless an emergency situation does not allow sufficient time to summon those trained school employees and the imminent danger to the student e t 17 or others is greater than the risk of harm of the physical w l n d 18 restraint to the student;
(3) the physical restraint technique shall be used only by school employees who are trained in the safe and effective use of restraint techniques unless an emergency situation does not allow sufficient time to summon those trained school employees and the imminent danger to the student or others is greater than the risk of harm of the physical restraint to the student;
= = 19 a l (4) the physical restraint technique employed i a e r 20 shall not impede the student's ability to breathe or a t m m 21 communicate;
(4) the physical restraint technique employed shall not impede the student's ability to breathe or communicate;
and d r e 22 (5) the physical restraint technique shall not c e s k 23 be out of proportion to the student's age or physical condition e a n b 24 and should be consistent with the medical or other needs of the u [ student known to the person applying the restraint.
and h (5) the physical restraint technique shall not u » r be out of proportion to the student's age or physical condition t h g e l i and should be consistent with the medical or other needs of the h r i s student known to the person applying the restraint.
.229346.1 - 7 - G.
h , e h G.
[D.] H.
t u g e b l e e , gh [D.] H.
Schools shall establish reporting and documentation procedures to be followed when a physical restraint [or seclusion] technique has been used on a student.
Schools shall establish reporting and n d d i = = o h documentation procedures to be followed when a physical l ] b ,d i a º r restraint [or seclusion] technique has been used on a student.
The procedures shall include the following provisions:
e r = t e w d m a n o The procedures shall include the following provisions:
(1) a school employee shall provide the student's parent [or guardian] with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification.
d m :
b r e t º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 8 - e a n e d r e l u [ A d (1) a school employee shall provide the student's parent [or guardian ] with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification.
(2) within [a reasonable time] three school days following the incident, a school employee shall provide the student's parent [or guardian] with written documentation [that includes information about any persons, locations or activities that may have triggered the behavior, if known, and e t 17 specific information about the behavior and its precursors, the w l n d 18 type of restraint or seclusion technique used and the duration = = 19 a l of its use;
(2) within [a reasonable time ] three school days following the incident, a school employee shall provide the student's parent [or guardian ] with written documentation [that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use;
i a e r 20 (a) any known precursors that may have a t m m 21 triggered the behavior, such as specific persons, locations or d r e 22 activities;
(a) any known precursors that may have triggered the behavior, such as specific persons, locations or h activities;
c e s k 23 (b) a description of the behavior;
g o t hr (b) a description of the behavior;
e a n b 24 (c) the reason for physical restraint;
g e i k (c) the reason for physical restraint;
u [ (d) any less restrictive interventions .229346.1 - 8 - attempted or, if none were attempted, why;
h r i s (d) any less restrictive interventions h , t, attempted or, if none were attempted, why;
(e) the duration of the physical restraint;
e u g e b l e e h (e) the duration of the physical n d d i = = o h restraint;
(f) the location of the physical restraint;
l ] b ,d i a º e (f) the location of the physical r i = r t e w d m a n o restraint;
(g) the techniques used;
d m :
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 9 - e a n e d r e l u [ A d (g) the techniques used;
(3) schools shall review strategies used to address a student's dangerous behavior with a person trained and certified in de-escalation and restraint techniques if use of restraint [or seclusion] techniques for an individual student has occurred [two or more times] more than one time during any [thirty-calendar-day period] school year.
(3) schools shall review strategies used to address a student's dangerous behavior with a person trained and certified in de-escalation and restraint techniques if use of restraint [or seclusion ] techniques for an individual student has occurred [two or more times ] more than one time during any [thirty-calendar-day period] school year.
The e t 17 review shall include:
The review shall include:
w l n d 18 (a) a review of the incidents in which = = 19 a l restraint [or seclusion] techniques were used and an analysis i a e r 20 of how future incidents may be avoided, including whether the a t m m 21 student may be eligible for special education or requires a d r e 22 functional behavioral assessment;
(a) a review of the incidents in which restraint [or seclusion ] techniques were used and an analysis of how future incidents may be avoided, including whether the student may be eligible for special education or requires a h functional behavioral assessment;
and c e s k 23 (b) [a meeting of the student's] if the e a n b 24 student has an individualized education program team, u [ behavioral intervention plan team or student assistance team, a .229346.1 - 9 - requirement that the team must meet within two weeks of each use of restraint [or seclusion after the second] when more than one use occurs within a [thirty-calendar-day period] school year to provide written recommendations for avoiding future incidents requiring the use of physical restraint [or seclusion];
and g o t hr (b) [a meeting of the student's ] if the g e i k student has an individualized education program team, h r i s behavioral intervention plan team or student assistance team, a h , t, requirement that the team must meet within two weeks of each e u g e b l e e h use of restraint [or seclusion after the second ] when more than n d d i = = o h one use occurs within a [thirty-calendar-day period] school l ] b ,d i a º e year to provide written recommendations for avoiding future r i = r t e w d m a n o incidents requiring the use of physical restraint [or d m :
and (4) a parent has a right to request an individualized education program team, behavioral intervention plan team or student assistance team meeting after an instance of physical restraint.
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 10 - e a n e d r e l u [ A d seclusion];
and (4) a parent has a right to request an individualized education program team, behavioral intervention plan team or student assistance team meeting after an instance of physical restraint HGEICºor if a parent has reasonable grounds to believe that restraint or seclusion may have occurred»HGEIC .
If a school summons law enforcement instead of using a physical restraint [or seclusion] technique on a student, the school shall comply with the reporting, documentation and review procedures established pursuant to [Subsection D of] this section.
If a school summons law enforcement instead of using a physical restraint [or seclusion] technique on a student, the school shall comply with the reporting, documentation and review procedures established pursuant to [Subsection D of ] this section.
Policies regarding restraint and seclusion e t 17 shall consider school district support and strategies for w l n d 18 school employees to successfully reintegrate a student who has = = 19 a l been restrained or secluded back into the school or classroom i a e r 20 environment.
Policies regarding restraint and seclusion shall consider school district support and strategies for school employees to successfully reintegrate a student who has been restrained or secluded back into the school or classroom h environment.
a t m m 21 G.] J.
g o t hr G.] J.
The provisions of this section shall not be d r e 22 interpreted as addressing the conduct of law enforcement or c e s k 23 first responders.
The provisions of this section shall not be g e i k interpreted as addressing the conduct of law enforcement or h r i s first responders.
e a n b 24 [H.] K.
h , t, e u g [H.
The provisions of this section do not apply u [ to any school located within a county juvenile detention center .229346.1 - 10 - or a state-operated juvenile facility.
] K.
[I.
The provisions of this section do not apply e b l e e h to any school located within a county juvenile detention center n d d i = = o h or a state-operated juvenile facility.
l ] b ,d i a º e [I.
(1) "first responder" means a person based outside of a school who functions within the emergency medical services system and who is dispatched to a school to provide initial emergency aid;
r i = r t e w d m a n o (1) "first responder" means a person based d m :
b e d s º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e - 11 - e a n e d r e l u [ A d outside of a school who functions within the emergency medical services system and who is dispatched to a school to provide initial emergency aid;
(3) "physical restraint" means the use of physical force without the use of any device or material that restricts the free movement of all or a portion of a student's body, but "physical restraint" does not include physical e t 17 escort;
(3) "physical restraint" means the use of physical force without the use of any device or material that restricts the free movement of all or a portion of a student's body, but "physical restraint" does not include physical escort;
w l n d 18 (4) "restraint" when not otherwise modified = = 19 a l means mechanical or physical restraint;
(4) "restraint" when not otherwise modified means mechanical or physical restraint;
and i a e r 20 (5) "seclusion" means the involuntary a t m m 21 confinement of a student alone in a room from which egress is d r e 22 prevented.
and h (5) "seclusion" means the involuntary u » r confinement of a student alone in a room from which egress is t h g e l i prevented.
"Seclusion" does not mean the use of a voluntary c e s k 23 behavior management technique, including a timeout location, as e a n b 24 part of a student's education plan, individual safety plan, u [ behavioral plan or individualized education program that .229346.1 - 11 - involves the student's separation from a larger group for purposes of calming.]" - 12 - 5 7 9 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229346.1
"Seclusion" does not mean the use of a voluntary h r i s behavior management technique, including a timeout location, as h , e h part of a student's education plan, individual safety plan, t u g e b l e e , gh behavioral plan or individualized education program that n d d i = = o h involves the student's separation from a larger group for l ] b ,d i a º r purposes of calming.]" e r = t e w d m a n o - 12 - d m :
b r e t º o t n = .229346.1AIC February 22, 2025 (10:34am) s k m e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. DO PASS committee report adopted

  3. Sent to Senate Education Committee & Senate Judiciary Committee

  4. passed House

  5. DO PASS, as amended, committee report adopted

  6. DO PASS committee report adopted

  7. Sent to House Education Committee & House Government, Elections and Indian Affairs Committee

Sponsors

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4 sponsors · 0 co-sponsors · 108 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (108)

108 members have not signed on to this bill.

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Frequently asked questions

Who sponsors HB 260?
HB 260 is sponsored by E. Diane Torres-Velásquez (Democrat), Eleanor Chávez (Democrat), Yanira Gurrola (Democrat), and Patricia Roybal Caballero (Democrat).
What is the current status of HB 260?
This bill died with 2025 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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