| (a) Requirement to implement. In addition to the requirements
of 34 Code of Federal Regulations (CFR), §300.324(a)(2)(i), school
districts and charter schools must implement the provisions of this
section regarding the use of restraint and time-out. In accordance
with the provisions of Texas Education Code (TEC), §37.0021 (Use
of Confinement, Restraint, Seclusion, and Time-Out), it is the policy
of the state to treat with dignity and respect all students, including
students with disabilities who receive special education services
under TEC, Chapter 29, Subchapter A.
(b) Definitions.
(1) Emergency means a situation in which a student's
behavior poses a threat of:
(A) imminent, serious physical harm to the student
or others; or
(B) imminent, serious property destruction.
(2) Restraint means the use of physical force or a
mechanical device to significantly restrict the free movement of all
or a portion of the student's body.
(3) 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:
(A) that is not locked; and
(B) from which the exit is not physically blocked by
furniture, a closed door held shut from the outside, or another inanimate
object.
(c) Use of restraint. A school employee, volunteer,
or independent contractor may use restraint only in an emergency as
defined in subsection (b) of this section 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 and others.
(4) Restraint must not deprive the student of basic
human necessities.
(d) Training on use of restraint. 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.
(3) Training on 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.
(e) Documentation and notification on 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 behavior improvement plan or a behavioral intervention
plan.
(5) Written notification must be provided to the student's
parent(s) or person standing in parental relation to the student for
each use of restraint, and documentation of each restraint must be
placed in the student's special education eligibility folder. The
written notification of each restraint must include the following:
(A) name of the student;
(B) name of the individual administering the restraint;
(C) date of the restraint and the time the restraint
began and ended;
(D) location of the restraint;
(E) nature of the restraint;
(F) a description of the activity in which the student
was engaged immediately preceding the use of restraint;
(G) the behavior of the student that prompted the restraint;
(H) the efforts made to de-escalate the situation and
any alternatives to restraint that were attempted;
(I) observation of the student at the end of the restraint;
(J) information documenting parent contact and notification;
and
(K) one of the following:
(i) if the student has a behavior improvement plan
or behavioral intervention plan, whether the behavior improvement
plan or behavioral intervention plan may need to be revised as a result
of the behavior that led to the restraint and, if so, identification
of the staff member responsible for scheduling an ARD committee meeting
to discuss any potential revisions; or
(ii) if the student does not have a behavior improvement
plan or a behavioral intervention plan, information on the procedure
for the student's parent or person standing in parental relation to
the student to request an ARD committee meeting to discuss the possibility
of conducting a functional behavioral assessment of the student and
developing a plan for the student.
(f) Clarification regarding restraint. The provisions
adopted under this section 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 the student's body. Restraint that
involves significant restriction as referenced in subsection (b)(2)
of this section 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 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 used to secure
students during transportation.
(g) Use of time-out. A school employee, volunteer,
or independent contractor may use time-out in accordance with subsection
(b)(3) of this section with the following limitations.
(1) Physical force or threat of physical force must
not be used to place a student in 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 behavior improvement
plan or behavioral intervention plan 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 advance appropriately toward attaining
the annual goals specified in the student's IEP.
(h) Training on use of time-out. Training for school
employees, volunteers, or independent contractors must be provided
according to the following requirements.
(1) General or special education personnel who implement
time-out based on requirements established in a student's IEP and/or
behavior improvement plan or behavioral intervention plan must be
trained in the use of time-out.
(2) Newly-identified personnel called upon to implement
time-out based on requirements established in a student's IEP and/or
behavior improvement plan or behavioral intervention plan must receive
training in the use of time-out within 30 school days of being assigned
the responsibility for implementing time-out.
Cont'd... |
