| (3) 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 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.
(4) All trained personnel must receive instruction
in current professionally accepted practices and standards regarding
behavior management and the use of time-out.
(i) Documentation on use of time-out. Necessary documentation
or data collection regarding the use of time-out, if any, must be
addressed in the IEP and/or behavior improvement plan or behavioral
intervention plan. If a student has a behavior improvement plan or
behavioral intervention plan, the school district must document each
use of time-out prompted by a behavior of the student specified in
the student's behavior improvement plan or behavioral intervention
plan, including a description of the behavior that prompted the time-out.
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.
(j) Student safety. 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.
(k) Data reporting. With the exception of actions covered
by subsection (f) of this section, data regarding the use of restraint
must be electronically reported to the Texas Education Agency (TEA)
in accordance with reporting standards specified by the TEA.
(l) Peace officers. The provisions adopted under this
section apply to a peace officer only if the peace officer is employed
or commissioned by the school district or provides, as a school resource
officer, a regular police presence on a school district campus under
a memorandum of understanding between the school district and a local
law enforcement agency, except that the data reporting requirements
in subsection (k) of this section apply to the use of restraint by
any peace officer performing law enforcement duties on school property
or during a school-sponsored or school-related activity.
(m) The provisions adopted under this section do not
apply to:
(1) juvenile probation, detention, or corrections personnel;
or
(2) an educational services provider with whom a student
is placed by a judicial authority, unless the services are provided
in an educational program of a school district.
|
| Source Note: The provisions of this §89.1053 adopted to be effective August 1, 2002, 27 TexReg 3061; amended to be effective June 7, 2004, 29 TexReg 5608; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective June 7, 2022, 47 TexReg 3248 |
