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