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Updated April 19, 2004

Procedures when using Restraint for Students in Special Education
 

Definitions Use of Restraint Training on the use of restraint Restraint Documentation Procedures
Definitions  
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
Restraint means the use of physical force or a mechanical device to restrict the free movement of all or a portion of the student's body.
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 student is not physically prevented from leaving.
Use of Restraint

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.

Restraint does not include the use of:
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, or provide comfort;
3. limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors; or
4. seat belts and other safety equipment used to secure students during transportation.
Training on the Use of Restraint

Not later than April 1, 2003, a core team of personnel (principal, 1 special education teacher, 1 general education teacher, and counselor) 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.
After April 1, 2003, 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.
Training on use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint.
All trained personnel shall receive instruction in current professionally accepted practices and
standards regarding behavior management and the use of restraint.

Restraint Documentation Procedures

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

On the day restraint is utilized, a good faith effort must be made to verbally contact the parents.
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. (Click here for the BSISD Restraint Documentation Form.)*
Copies to:

Parent

Cumulative or Discipline folder Diagnostician (for Special Education Cumulative folder)
* §89.1053(e)(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 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).

Big Spring Independent School District
Department of Special Education and Support Services
708 11th Place
Big Spring, Texas  79720
(432) 264-4106 office - (432) 264-4128 fax
Please click here for questions or comments.

Thank you.

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