At a Glance — Banned Practices
Seclusion / Isolation Banned
Prone Restraint Not Banned
Supine Restraint Not Banned
Mechanical Restraint Not Banned
Chemical Restraint Banned
Corporal Punishment Not Banned
Definitions
Mechanical Restraint
"Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.
Physical Restraint
"Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.
Chemical Restraint
“Aversive technique” means a technique or intervention that is intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain. The term includes a technique or intervention that: (11) involves the use of a chemical restraint.
Time-Out
“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 exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.
Seclusion / Isolation
“Seclusion” means a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that: (A) is designed solely to seclude a person; and (B) contains less than 50 square feet of space.
Corporal Punishment
“Corporal punishment” means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline. The term does not include: (1) physical pain caused by reasonable physical activities associated with athletic training, competition, or physical education; or (2) the use of restraint as authorized under Section 37.0021.
Criteria for Use
Physical Restraint
The state is required to adopt procedures are consistent with: (A) professionally accepted practices and standards of student discipline and techniques for behavior management; and (B) relevant health and safety standards; This law doesn’t apply to a peace officer performing security-related duties - except that they may not restraint or use a chemical irritant spray or taser on a student enrolled in fifth grade or below unless the student poses a serious risk of harm to the student or another person Policy: Restraint must be limited to the use of such reasonable force as is necessary to address the emergency. (2) Restraint must be discontinued at the point at which the emergency no longer exists. (3) Restraint must be implemented in such a way as to protect the health and safety of the student and others. (4) Restraint must not deprive the student of basic human necessities. Policy: Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of the student and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the student of basic human necessities.
Mechanical Restraint
The state is required to adopt procedures are consistent with: (A) professionally accepted practices and standards of student discipline and techniques for behavior management; and (B) relevant health and safety standards; This law doesn’t apply to a peace officer performing security-related duties - except that they may not restraint or use a chemical irritant spray or taser on a student enrolled in fifth grade or below unless the student poses a serious risk of harm to the student or another person Policy: Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of the student and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the student of basic human necessities.
Chemical Restraint
Chemical restraint is prohibited.
Corporal Punishment
A district educator may use corporal punishment to discipline a student unless the student's parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline.
Time-Out
None listed other than it is prohibited if it precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student’s individualized education program, including isolating the student by the use of physical barriers; An aversive technique may be used if it: (1) does not cause the student discomfort or pain; or (2) complies with the student’s individualized education program or behavior intervention plan. Policy: (1) Physical force or threat of physical force must not be used to place a student in time-out. (2) Time-out may only be used in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the student’s IEP and/or behavior improvement plan or behavioral intervention plan if it is utilized on a recurrent basis to increase or decrease a targeted behavior. (3) Use of time-out must not be implemented in a fashion that precludes the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student’s IEP. Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of the student and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the student of basic human necessities.
Notifications & Reporting
Parent / Guardian Notification Required?
Yes
Notification Timeline
Not specified in the law. Policy says verbal notification on the day, written notification within 1 day.
Incident Reporting Requirements
On the day restraint is utilized, a good faith effort must be made to verbally notify the parent(s) regarding the use of restraint. 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.
Reporting Timeline
Unknown
Annual Reporting Timeline
A school district shall report electronically to the agency, in accordance with standards provided by commissioner rule, information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. A report submitted under this subsection must be consistent with the requirements adopted by commissioner rule for reporting the use of restraint involving students with disabilities.
Where Annual Reports are Published
Texas collects restraint data statewide through its PEIMS/TSDS data systems, but TEA does not maintain a simple, public-facing “restraint and seclusion data” dashboard comparable to some other states.
Scope of Coverage
Scope of Coverage
Students with disabilities.
Training Requirements
Staff Training Requirements
The state is required to adopt procedures that must(2) establish crisis prevention and intervention training requirements for school district personnel, including: (A) standards for determining which personnel, including support staff and law enforcement, should receive the training and the amount of training each of those individuals should receive, prioritizing the amount of training and training that includes physical interventions based on the individual’s risk of being involved in a student-involved crisis situation; (B) recommendations for the minimum frequency of crisis prevention and intervention training as included in the continuing education and training clearinghouse published under Section 21.4514; and (C) provisions allowing for any training required under this subsection to be combined with or substituted for other related required training if a majority of the content in the related training addresses content in the training required under this subsection, including: (i) trauma-informed care training required under Section 38.036; and (ii) training on strategies for establishing and maintaining positive relationships among students, including conflict resolution, required under Section 21.451(d)(3)(B); Policy: Training on use of restraint. Training for school employees, volunteers, or independent contractors must be provided according to the following requirements. (1) A core team of personnel 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. (2) 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. (3) Training on use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint. (4) All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint. (1) General or special education personnel who implement time-out based on requirements established in a student’s IEP and/or behavior improvement plan or behavioral intervention plan must be trained in the use of time-out. (2) Newly-identified personnel called upon to implement time-out based on requirements established in a student’s IEP and/or behavior improvement plan or behavioral intervention plan must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out. (3) Training on the use of time-out must be provided as part of a program which addresses a full continuum of positive behavioral intervention strategies and must address the impact of time-out on the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student’s IEP. (4) All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out.