Special Services Department

Regulations in response to a State Law passed in 2001

Involves time-out, restraint, and seclusion of students

Affects Special Education Population Based on the premise that no discipline

management practice may be done to inflict injury, cause harm, demean, or deprive the student of basic human necessities

Cumulative data regarding restraints must be reported to TEA through PEIMS

Emergency Seclusion Time-Out Restraint

Emergency-situations in which student’s behavior poses a threat of imminent and serious physical harm to self or to others or imminent and serious property destruction.

Examples: Use of a sharp object as a weapon An assault on another person Running into the street as a way of escape

Student is confined in a locked box, locked closet, or locked room that

* is designed solely to seclude a person and

* contains less that 50 square feet of space

TEC 37.0021(b)

What is prohibited? A student with a disability may not be

confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique.

A behavior management technique in which a student is separated from other students for a limited period of time in a non-locked setting and from which the student is not physically prevented from leaving.

TEC 37.0021(b)

If time-out is used on a recurrent basis, it must be identified in the student’s IEP and/or BIP

Time-out must be used only in conjunction with a variety of positive behavior intervention strategies

Time-out may not prevent student/s from being involved in student’s making progress in the general curriculum.

-Emergency situation while waiting for law enforcement personnel if:

Examples:-student possesses a weapon:-confinement is necessary to prevent the student from causing bodily harm to self or another person.

The use of physical force or a mechanical device to restrict the free movement of all or a portion of a student’s body.

TEC 37.0021(b)

Each campus is required to have a CORE TEAM which includes a campus administrator or designee and any regular and/or special education staff who are likely to be involved in the use of restraint

Any staff member who uses restraint in an emergency who is not trained must receive training within 30 school days following the incident (BISD currently uses CPI)

Restraint should only be used in emergency situation -Physical harm

-Property destruction

Restraint must be discontinued when the emergency no longer exists

Health and safety of the student must be protected at all times during restraint

Requires documentation and notification

Campus administrator or designee must be verbally notified the day of the restraint.

Written documentation of the restraint must be placed in the student’s SPED eligibility folder within one school day of the event.

On the day of the restraint an attempt must be made to verbally notify parents.

Parents must be provided written notification of the restraint within one school day of the event.

Notification must include:

Name of student and name of staff restraining student

Date and time restraint began and ended

Location of the restraint

Description of the activity which preceded the use of restraint

Behavior which prompted restraint

Efforts made to de-escalate the situation and alternatives to restraint that were attempted

Information documenting parent contact and notification

It is a process to determine the function of a student’s behavior.

It identifies: The specific behavior that impedes the student’s

learning or that of others The antecedent(s) that lead to the behavior The consequences that maintain the behavior The function the behavior serves

A plan that utilizes behavioral interventions and supports in order to reduce behaviors which interfere with a student’s academic progress and/or increase behaviors that lead to successful learning for that student.

Providing direct social skills instruction Reinforces appropriate behaviors

Know who your special education students are Coordinate with the students’ special education

case manager Be aware of the students’ disability and how it

impacts the students’ learning and/or behavior. Familiarize yourself with the students’

Individual Education Plan (IEP) Implement the students’ accommodations

and/or modifications Review the students’ FBA (if applicable) Follow the students’ BIP (if applicable)

Time-Out is a viable option but must follow the guidelines as set forth by SB 1196

Restraint should be used as a last resort

Individuals using restraint must be trained

FBA / BIP’s

Further Questions on SB 1196 can be addressed to Campus Administration, Special Education Staff, or Campus Special Education Supervisor