Restraint and Seclusion Laws in New Mexico
What are the restraint and seclusion rules in New Mexico?
New Mexico's restraint and seclusion rules for schools are established in NMAC 6.11.2.10, which applies to all students including students with disabilities, and must be read in conjunction with IEP behavioral requirements under NMAC 6.31.2.11. Restraint or seclusion may only be used when a student's behavior presents an imminent danger of serious physical harm to the student or others, and only when less restrictive interventions — including de-escalation strategies, positive behavioral intervention supports, or comparable behavior management techniques — appear insufficient to mitigate the danger (NMAC 6.11.2.10). Techniques must not impede the student's ability to breathe or speak, must be proportionate to the student's age and physical condition, and must end as soon as the danger subsides (NMAC 6.11.2.10). During any restraint or seclusion, trained school personnel must maintain continuous visual observation and monitoring of the student (NMAC 6.11.2.10). Only trained school employees may use these techniques unless an emergency prevents summoning trained staff. Parental notification is required on the same day as the incident unless circumstances prevent same-day contact; written documentation must be provided within two school days detailing the triggers, behaviors, technique used, and duration (NMAC 6.11.2.10). When a student is restrained or secluded twice within 30 days, relevant school teams must convene within two weeks to review the student's needs and recommend preventive strategies (NMAC 6.11.2.10). Personnel must receive training at least every two years or complete a certification demonstrating competency in de-escalation, PBIS, and safe restraint/seclusion techniques. Schools must report all incidents to NMPED through the designated data system and conduct annual reviews of all incidents (NMAC 6.11.2.10).
What New Mexico Requires
Restraint or seclusion may only be used when the student's behavior presents imminent danger of serious physical harm and less restrictive interventions appear insufficient (NMAC 6.11.2.10).
Techniques must not impede breathing or speech, must be proportionate to the student's age and condition, and must end when danger subsides (NMAC 6.11.2.10).
Continuous visual monitoring of the student is required throughout any restraint or seclusion (NMAC 6.11.2.10).
Parents must be notified on the same day as the incident; written documentation must be provided within two school days (NMAC 6.11.2.10).
If a student is restrained or secluded twice within 30 days, a team review must be convened within two weeks (NMAC 6.11.2.10).
Personnel must be trained at least every two years in de-escalation strategies, PBIS, and safe use of restraint/seclusion (NMAC 6.11.2.10).
All incidents must be reported to NMPED through the state data system; annual incident reviews are required (NMAC 6.11.2.10).
Key Timelines
Same-day parental notification required after any restraint or seclusion incident, unless circumstances prevent it (NMAC 6.11.2.10).
Written documentation must be provided to parents within two school days (NMAC 6.11.2.10).
If two incidents occur within 30 days, team review must convene within two weeks (NMAC 6.11.2.10).
Training must be renewed at least every two years (NMAC 6.11.2.10).