What's Required

It is the policy of the state of Texas to treat with dignity and respect all children, including children with disabilities who receive special education services ( 19 TAC 89.1053(a)). Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of the child and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the child of basic human necessities (19 TAC 89.1053(j)).

This framework generally applies to all school employees, volunteers, or independent contractors (19 TAC 89.1053(j)). This framework also applies to a peace officer only if the peace officer (TEC 37.0021(h)) is employed or commissioned by a school district (TEC 37.0021(h)(1)) or provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency (TEC 37.0021(h)(2)). This framework applies to other peace officers performing law enforcement duties on school property or during a school-sponsored or school-related activity only with regard to the data reporting requirements concerning the use of restraint (TEC 37.0021(i) and TEC 37.0021(g)(1)).This framework does not apply to juvenile probation, detention, or corrections personnel; or an educational services provider with whom the child is placed by a judicial authority, unless the services are provided in an educational program of a school district (TEC 37.0021(g)(2)).

CONFINEMENT: The child with a disability, who receives special education services must not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique (TEC 37.0021(a)).

• This section does not prevent the child's locked, unattended, confinement in an emergency situation while awaiting the arrival of law enforcement personnel (TEC 37.0021(f)) if:
• The child possesses a weapon (TEC 37.0021(f)(1) , TEC 37.007(a)(1) Tex. Penal Code 46.01(3) ,46.01(1) and (46.05)) ; and
• The confinement is necessary to prevent the child from causing bodily harm to the child or another person (TEC 37.0021(f)(2))

RESTRAINT: "Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of the child's body (19 TAC 89.1053(b)(2) and TEC 37.0021(b)(1)).

• "Emergency" means a situation in which the child's behavior poses a threat of (19 TAC 89.1053(b)(1));
• Imminent, serious, physical harm to the child or others (19 TAC 89.1053(b)(1)(A))or;
• Imminent, serious, property destruction (19 TAC 89.1053(b)(1)(B)).

A school employee, volunteer, or independent contractor may use restraint only in an emergency and with the following limitations:

(19 TAC 89.1053(c) and 19 TAC 89.1053(b)(1))

• Restraint must be limited to the use of such reasonable force as is necessary to address the emergency (19 TAC 89.1053(c)(1));
• Restraint must be discontinued at the point at which the emergency no longer exists (19 TAC 89.1053(c)(2));
• Restraint must be implemented in such a way as to protect the health and safety of the child and others (19 TAC 89.1053(c)(3)); and
• Restraint must not deprive the child of basic human necessities (19 TAC 89.1053(c)(4))

Training for school employees, volunteers, or independent contractors must be provided according to the following requirements:

(19 TAC 89.1053(d))

• A core team of personnel on each campus must be trained in the use of restraint; and the team must include a campus administrator or designee and any general or special education personnel likely to use restraint; (19 TAC 89.1053(d)(1));
• Personnel called upon to use restraint in an emergency and who have not received prior training must receive training within 30 school days following the use of restraint;(19 TAC 89.1053(d)(2));
• Training on use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint(19 TAC 89.1053(d)(3))and
• All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint (19 TAC 89.1053(d)(4)).

The following documentation requirements must be met in a case in which restraint is used by school employees, volunteers, or independent contractors (19 TAC 89.1053(e)):

• On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint (19 TAC 89.1053(e)(1)),
• On the day restraint is utilized, a good faith effort must be made to verbally notify the parent regarding the use of restraint (19 TAC 89.1053(e)(2)),
• Written notification of the use of restraint must be placed in the mail or otherwise provided to the parent within one school day of the use of restraint (19 TAC 89.1053(e)(3)),
• Written documentation regarding the use of restraint must be placed in the child's special education eligibility folder in a timely manner so the information is available to the admission, review, and dismissal (ARD) committee when it considers the impact of the child's behavior on the child's learning and, or the creation or revision of a behavioral intervention plan (BIP); and (19 TAC 89.1053(e)(4)),
• Written notification to the parent and documentation to the child's special education eligibility folder must include the following (19 TAC 89.1053(e)(5)):
  1. Name of the child (19 TAC 89.1053(e)(5)(A));
  2. Name of the staff member or staff members administering the restraint (19 TAC 89.1053(e)(5)(B));
  3. Date of the restraint and the time the restraint began and ended (19 TAC 89.1053(e)(5)(C))
  4. Location of the restraint (19 TAC 89.1053(e)(5)(D));
  5. Nature of the restraint (19 TAC 89.1053(e)(5)(E));
  6. A description of the activity in which the child was engaged immediately preceding the use of restraint (19 TAC 89.1053(e)(5)(F));
  7. The behavior that prompted the restraint; (19 TAC 89.1053(e)(5)(G));
  8. The efforts made to de-escalate the situation and alternatives to restraint that were attempted (19 TAC 89.1053(e)(5)(H));and
  9. Information documenting parent contact and notification (19 TAC 89.1053(e)(5)(I)).

Restraint does not include the use of (19 TAC 89.1053(f)):

• Physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning (19 TAC 89.1053(f)(1));
• Limited physical contact with the child to promote safety (e.g., holding the child's hand), prevent a potentially harmful action (e.g., running into the street), teach a skill, or provide comfort (19 TAC 89.1053(f)(2));
• Limited physical contact or appropriately prescribed adaptive equipment to prevent the child from engaging in ongoing, repetitive self-injurious behaviors (19 TAC 89.1053(f)(3));or
• Seat belts and other safety equipment used to secure children during transportation (19 TAC 89.1053(f)(4));

Cumulative data regarding the use of restraint by school employees, volunteers, independent contractors, and by peace officers must be electronically reported through the Texas Education Agency's Public Education Information Management System (19 TAC 89.1053(k), TEC 37.0021(i), and 19 TAC 89.1053(f))

TIME-OUT: "Time-out" means a behavior management technique in which, to provide the child with an opportunity to regain self-control, the child is separated from other children for a limited period in a setting: (19 TAC 89.1053(b)(3)and TEC 37.0021(b)(3))

• That is not locked (19 TAC 89.1053(b)(3)(A)and TEC 37.0021(b)(3)(A)); and
• From which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object (19 TAC 89.1053(b)(3)(B)and TEC 37.0021(b)(3)(B)).

A school employee, volunteer, or independent contractor may use time-out with the following limitations (19 TAC 89.1053(g) and 19 TAC 89.1053(b)(3)):

• Physical force or threat of physical force must not be used to place the child in time-out (19 TAC 89.1053(g)(1)and 19 TAC 89.1053(b)(3));and
• Time-out must only be used in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the child's individualized education program (IEP) and/or BIP if it is utilized on a recurrent basis to increase or decrease a targeted behavior (19 TAC 89.1053(g)(2)and 19 TAC 89.1053(b)(3))and
• Use of time-out must not be implemented in a fashion that precludes the ability of the child to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the child's IEP (19 TAC 89.1053(g)(3)and 19 TAC 89.1053(b)(3)).

Training for school employees, volunteers, or independent contractors must be provided according to the following requirements: (19 TAC 89.1053(h)):

• General or special education personnel who implement time-out based on requirements established in the child's IEP and/or BIP must be trained in the use of time-out (19 TAC 89.1053(h)(1));
• Newly identified personnel called upon to implement time-out based on requirements established in the child's IEP and/or BIP must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out (19 TAC 89.1053(h)(2));
• Training on the use of time-out must be provided as part of a program which addresses a full continuum of positive behavioral intervention strategies, and must address the impact of time-out on the ability of the child to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the child's IEP (19 TAC 89.1053(h)(3));
• All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out (19 TAC 89.1053(h)(4)).

Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP or BIP. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use (19 TAC 89.1053(i)).

What We Do

The school must protect the health and safety of the student and others. When dealing with discipline or behavior issues, the school cannot use any practice that is intended to injure, cause harm, demeanor, or deprive the student of basic human necessities.

Confinement

• State law prohibits schools from confining students with disabilities in a locked box, locked closet, or other specially designed locked space.
• There is one exception to this requirement: State law does not prohibit a student’s locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement if the student possesses a weapon and confinement is necessary to prevent harm to the student or others.

Restraint

The use of physical force or a mechanical device to significantly restrict a student’s free movement is called restraint.

• The school can restrain the student only in an emergency that involves the threat of serious harm to the student or others or the threat of serious property damage.
• If the school restrains the student, the school must try to reach the parent on the day restraint is used.
• The school must also notify the parent in writing.
• Physical contact or using adaptive equipment to promote the student’s body positioning/physical functioning is not restraint.
• Limited contact with the student to promote safety, prevent a potentially harmful action, teach a skill, or provide comfort is not restraint.
• Limited physical contact or using adaptive equipment to prevent the student from engaging in ongoing repetitive self-injurious behavior is not restraint.
• Seat belts or other safety equipment used to secure the student during transportation are not restraints.

Time-Out

There are also requirements the school must meet if the school repeatedly uses time-out.

• Time-out is a technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period of time.
• The school cannot use force or threat of force to put the student in time-out.
• Time-out cannot take place in a locked setting.
• The exit may not be physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.