Restraints

Use of Restraint

According to TAC 89.1053(c), “a school employee, volunteer or independent contractor may use restraint only in an emergency as defined in subsection (b) above and with the following limitations:

1. Restraint must be limited to the use of such reasonable force as is necessary to address the emergency.

2. Restraint must be discontinued at the point at which the emergency no longer exists.

3. Restraint must be implemented in such a way as to protect the health and safety of the student ad others.

4. Restraint must not deprive the student of basic human necessities.”

Training on the Use of Restraint

TAC 89.1053(d) states, “Training for school employees, volunteers, or independent contractors must be provided according to the following requirements. 

1. 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.

2. 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.” (Contact Executive Director of Special Education and CPI Trainer for Area).

3. “Training on the use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint. 

4. All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint.”

ILTEXAS has chosen Crisis Prevention Institute (CPI) as the model to follow for the use of de-escalation strategies, decision-making matrix, blocking techniques (when being struck by a student),  disengagement (release from being grabbed by a student), and holds (last resort).

As of June 2017, before taking the CPI Non-violent Crisis Intervention class, personnel receiving or any “refresher training” must complete the Texas Behavior Support Initiative (TBSI) online modules through Region 4 Educational Service Center. A copy of the certificate of completion must be sent to the Director of Behavior & CPI Trainer for the Area). If you take CPI through a Regional Service Center, the certificate from the TBSI modules, along with the copy of the card received from the CPI training and certificate of completion from the service center (i.e., Region 4, Region 10, or Region 11). The following is the link to access the TBSI modules:

https://tier.tea.texas.gov/TBSI

Clarification about restraints: What is not a restraint?

Provisions under TAC 89.1053(b)(2) do not apply to the use of physical force or a mechanical device that does not significantly restrict the free movement of all or a portion of a student’s body. A restraint that involves significant restriction, as referenced in subsection (b)(2), does not include:

1. Physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning;

2. Limited physical contact with a student to promote safety (e.g., holding a student’s hand), prevent a potentially harmful action (e.g., running into the street), teach a new skill, redirect attention, provide guidance to a location, or provide comfort;

3. Limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors, with the expectation that instruction will be reflected in the individualized education program (IEP) as required by 34 CFR §300.324(a)(2)(i) to promote student learning and reduce and/or prevent the need for ongoing intervention; or

4. Seat belts and other safety equipment are used to secure students during transportation. 

Restraint Techniques:

At ILTEXAS, all hold (restraints) techniques are from CPI. Usage of the following is allowed at the LAST RESORT (CPI) or if the student is in imminent danger (emergency as defined previously):

1. Holding in a seated position (low, medium, higher levels) 

2. Holding in a standing position (low, medium, higher levels)

3. Children’s Control Position (low, medium, higher levels) 

Documentation and notification on use of restraint:

TAC 89.1053(e) covers documentation and notification on the use of restraint. “In a case in which restraint is used, school employees, volunteers, or independent contractors must implement the following documentation requirements:

1. On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint”.

2. On the day restraint is utilized, a good faith effort must be made to verbally notify the parent(s) regarding the use of restraint.

3. 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.

4. Written documentation regarding the use of restraint must be placed in the student’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 student’s behavior on the student’s learning and/or the creation or revision of a behavioral intervention plan (BIP).

5. Written notification to the parent(s) and documentation to the student’s special education eligibility folder must include the following:

   • Name of the student;

   • Name of the staff member(s) administering the restraint;

   • Date of the restraint and the time the restraint began and ended;

   • Location of the restraint;

   • Nature of the restraint;

   • A description of the activity in which the student was engaged immediately preceding the use of restraint

   • The behavior that prompted the restraint

   • The efforts made to de-escalate the situation and alternatives to restraint that were attempted; and

   • Information documenting parent contact and notification.”

Documentation in Project Education and Skyward:

Document the restraint in Project Education using the General Meeting Form, "Summary of Restraint Use."

EMAIL COPY TO DIRECTOR OF BEHAVIOR AND SPECIALIZED PROGRAMS AND AREA SPED DIRECTOR

The follow-up to restraint:

ILTEXAS behavior specialists must be made aware of all restraints of special education students. The behavior specialist is to help staff collect data and review and assess any behavior intervention plans for effectiveness in managing the behavior of the student. If changes are needed, the behavior specialist will advise the team to hold a staffing so that all staff is consistent with the delivery of the interventions. If the data leads a behavior specialist to believe that the behavior intervention plan needs to be changed, then the staff will be coached to get with the campus coordinator to help with the ARD process necessary to facilitate the changes being made to the behavior intervention plan in the student’s IEP. 

Time-out:

As a review, TAC 89.1053(3) states that “time-out” means a behavior management 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 in a setting:

1. That is not locked; and

2. From which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object. 

Types of Time-Out:

1. Non-exclusionary time-out (Cooper, 2007, p. 700) is “a procedure for implementing time-out in which, contingent on the occurrence of the target behavior, the person remains within the setting, but does not have access to reinforcement, for a specified period.”

2. Exclusionary time-out (Cooper 2007, p 695) is “a procedure for implementing time-out in which, contingent on the occurrence of a target behavior, the person is removed physically from the current environment for a specific period of time.”

Use of Time-Out:

Per TAC 89.1053(g), “a school employee, volunteer, or independent contractor may use time-out in accordance with subsection 89.1053(b)(3) with the following limitations:

1. Physical force or threat of physical force must not be used to place a student in a time-out.

2. Time-out may only be used in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the student’s IEP and/or BIP if it is utilized on a recurrent basis to increase or decrease a targeted behavior.

3. Use of time-out must not be implemented in a fashion that precludes the ability of the student to be involved in and progress in the general curriculum and advances appropriately toward attaining the annual goals specified in the student’s IEP.”

Student Safety during a restraint 89.1053(j):

At ILTEXAS, any student that is placed in a time-out procedure must be supervised. Per 89.1053(j), “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 student and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the student of basic human necessities.”

Documentation on the use of time-out TAC 89.1053(i):

The student’s IEP must address any necessary documentation or data collection with regard to the use of time-out. The ARD committee will use any collected data to ascertain whether the time-out procedure is effective as an intervention tool and provide a basis for making any decisions as to whether to continue the use of time-out as an intervention for that student.

Training of documentation requirements for any time-out procedure that has occurred per a student’s IEP will be delivered simultaneously with the training of the time-out procedure for that student by a district-level behavior specialist. 

Seclusion:

ILTEXAS does not permit employees to use seclusion as a behavior management technique. Seclusion involves confining a student in a locked box, locked closet, or locked room. Seclusion is not a time-out.