Restraint

Restraint is defined as 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. §89.1053.(b)(2) Pursuant to the TAC §89.1053(c) a school employee, volunteer, or independent contractor may use restraint only in an emergency and with the following limitations:

1) Restraint shall be limited to the use of

such reasonable force as is necessary to

address the emergency.

(2) Restraint shall be discontinued at the

point at which the emergency no longer

exists.

(3) Restraint shall be implemented in such a

way as to protect the health and safety of the

student and others.

(4) Restraint shall not deprive the student of

basic human necessities.

In 2001, Senate Bill 1196 of the 77thTexas Legislature required the Texas Education Agency (TEA) to develop rules related to training on the use of restraint and time-out for students with disabilities. The TEA has addressed this requirement through implementation of the Texas Behavior Support Initiative (TBSI), the addition of Texas Education Code §37.0021 Use of Confinement, Restraint, Seclusion, and Time-Out and Texas Administrative Code §89.1053 Procedures for Use of Restraint and Time-Out. Each provides specific rules and definitions pertaining to the use of time

out and restraint.

Districts are required to report each incidence of restraint using PEIMS form 435 (Special Education Child Restraint –Student). Districts were required to begin submitting this data as of the June 2004 PEIMS submission. 

To get the most current information regarding the guidelines for restraint and seclusion Texas Education Code (TEC); Texas Penal Code; 19 T.A.C. Chapter 89 go to

  • Texas Education Agency requirement of written summary click here
  • TEA HB 359 Restraint Guidance Matrix click here

Restraint and Seclusion Articles 


Shouldn't School Be Safe Article click here

School is Not Suppose to Hurt Article click here

Government Accountability Office Restraint and Seclusion click here

Core Strategies for Reduction of Seclusion click here

Preventing the Use of Restraint with Young Children click here