Resources

A word about
TCTA’s annual
Survival Guide

Information contained in the TCTA Survival Guide is current as of summer 2010 but is subject to change. To be sure what you are viewing is current, the date the information was posted or updated will be located at the bottom of each page.

The Texas Classroom Teachers Association’s Survival Guide provides up-to-date information on education-related topics for Texas teaching professionals. Please note that the Survival Guide does not substitute for the advice of an attorney. Members who have questions or need further information may contact the TCTA staff by calling (888) 879-8282 or by sending an e-mail to webmaster@tcta.org. General questions of a legal nature may be sent online using our “Ask-A-Lawyer” response center at tcta.org.

Restraint of students with disabilities

Texas Education Agency rules (19 TAC, Sec. 89.1053) limit the use of physical force or a mechanical device that would significantly restrict the free movement of all or a portion of a student’s body.

The use of restraint must:

• be limited to such force as is reasonable to address an emergency,
• be discontinued when an emergency no longer exists,
• be implemented to protect the health and safety of the student and others, and

• not deprive the student of basic human necessities.

Exceptions

Actions that are not considered restraint include 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. Anyone who restrains a student must receive training within 30 school days, if not previously trained in restraint. The training must include prevention and de-escalation techniques, restraint alternatives, accepted practices and standards regarding behavior management.

If an employee restrains a student:

• a principal or designee must receive notice of the restraint that day,
• a good faith effort must be made that day to notify the student’s parent(s),
• written notice to the parent must be placed in the mail or given to the parent within one business day, and
• the student’s eligibility folder must contain documentation of the use of restraint.

The documentation of the restraint and the parent notice must include the who, what, when, where and how of the restraint, and a description of the conduct requiring the restraint and the alternatives and de-escalation attempted.

The rules also include limitations on the use of time-out and seclusion. Time-out occurs when a student is separated from other students for a limited period in a setting in which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object. The rules can be viewed online.

Updated: 08/19/10