Committee hears bill to clarify, restrict school restraint and seclusion; committee recommends 'do pass'

House Bill 120, which would tighten definitions and limits on restraint and seclusion in public schools, drew supporter testimony and questions from senators before the committee moved a 'do pass' recommendation.

The bill would add specific definitions for chemical, mechanical and prone restraint; clarify terms such as de-escalation, elopement and less-restrictive interventions; require updates to school safety plans and aligned staff training; and expand reporting so incidents are tracked and reported to families. Sponsors said the measure resulted from a 2023–2024 working group convened under Senate Memorial 68 that included educators, parents, school leaders and state staff.

Advocates—including Ellen Pines of the Disability Coalition, Jim Jackson of Disability Rights New Mexico and Dr. Crystal Wood of the Public Education Department—urged passage, saying students with disabilities are disproportionately affected. Dr. Wood told the committee the Public Education Department supports HB 120 and emphasized continuous supervision during seclusion and clear family notification. Jim Jackson stressed clearer reporting to parents because many affected students may be nonverbal and unable to notify caregivers themselves.

Family testimony described lasting emotional harm tied to seclusion or restraint. Lena Armstrong Strober, who identified herself as a mother and representative to advocacy groups for people with Down syndrome, said the tactics had produced school refusal and fear in her child and urged the committee to prioritize de-escalation and positive supports.

Committee members asked sponsors to explain key phrases and scope. Sponsors clarified that "time out" is defined as a continuum of behavior-management techniques (not a disciplinary punishment as in suspension) intended to help a student return to learning. "Chemical restraint" was defined in the bill as medications used to sedate (examples cited were tranquilizer-type drugs), not routine prescribed medications such as asthma inhalers. Senators also asked why the bill does not apply to schools in county juvenile detention centers or state-operated juvenile facilities; sponsors said that exclusion reflects existing law and the bill first addresses public school settings.

Members discussed data gaps that the bill aims to correct: sponsors noted the Public Education Department reported 11 instances last year while ombud records indicated roughly 114 cases, illustrating inconsistencies driven by unclear definitions. The sponsor and LESC staff also described a proposed amendment about parent-notice timing (a change briefly considered to extend notice) but said they would not press that amendment at this hearing to avoid procedural delay.

At the close of the HB 120 portion of the hearing, a committee member moved "Do pass" on HB 120; the transcript excerpt does not record the mover's name or a roll-call tally. The motion was recorded in the committee hearing minutes.