Guest guest Posted March 9, 2003 Report Share Posted March 9, 2003 I will ad some links to refer back to. § 37.0021. Use of Confinement, Restraint, Seclusion, and Time-Out (a) It is the policy of this state to treat all students with dignity and respect. 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. ( In this section: (1) " Restraint " means the use of physical force or a mechanical device to restrict the free movement of all or a portion of a student's body. (2) " 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 ( contains less than 50 square feet of space. (3) " 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 ( from which the student is not physically prevented from leaving. © A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. This subsection does not apply to the use of seclusion in a facility to which the following law, rules, or regulations apply: (1) the Children's Health Act of 2000, Pub. L. No. 106-310, any subsequent amendments to that Act, any regulations adopted under that Act, or any subsequent amendments to those regulations; (2) 40 T.A.C. Sections 720.1001-720.1013; or (3) 25 T.A.C. Section 412.308(e). (d) The commissioner by rule shall adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student receiving special education services under Subchapter A, Chapter 29. A procedure adopted under this subsection must: (1) be consistent with: (A) professionally accepted practices and standards of student discipline and techniques for behavior management; and ( relevant health and safety standards; and (2) identify any discipline management practice or behavior management technique that requires a district employee or volunteer or an independent contractor of a district to be trained before using that practice or technique. (e) In the case of a conflict between a rule adopted under Subsection (d) and a rule adopted under Subchapter A, Chapter 29, the rule adopted under Subsection (d) controls. (f) For purposes of this subsection, " weapon " includes any weapon described under Section 37.007(a)(1). This section does not prevent a student's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if: (1) the student possesses a weapon; and (2) the confinement is necessary to prevent the student from causing bodily harm to the student or another person. Added by Acts 2001, 77th Leg., ch. 212, § 1, eff. Sept. 1, 2001. § 37.003. Placement Review Committee (a) Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class and make recommendations to the district regarding readmission of expelled students. Members shall be appointed as follows: (1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and (2) the principal shall choose one member from the professional staff of a campus. ( The teacher refusing to readmit the student may not serve on the committee. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. http://www.capitol.state.tx.us/statutes/ed/ed0003700.html#ed003.37.002 1 http://www.capitol.state.tx.us/statutes/ed/ed0003700toc.html http://www.capitol.state.tx.us/statutes/edtoc.html http://www.tea.state.tx.us/special.ed/ McNutt > Does Texas have a law in regard to the use of time out rooms, physical > restraints and " therapeutic holds " in schools. > Thank you, > Heidi > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 9, 2003 Report Share Posted March 9, 2003 I will ad some links to refer back to. § 37.0021. Use of Confinement, Restraint, Seclusion, and Time-Out (a) It is the policy of this state to treat all students with dignity and respect. 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. ( In this section: (1) " Restraint " means the use of physical force or a mechanical device to restrict the free movement of all or a portion of a student's body. (2) " 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 ( contains less than 50 square feet of space. (3) " 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 ( from which the student is not physically prevented from leaving. © A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. This subsection does not apply to the use of seclusion in a facility to which the following law, rules, or regulations apply: (1) the Children's Health Act of 2000, Pub. L. No. 106-310, any subsequent amendments to that Act, any regulations adopted under that Act, or any subsequent amendments to those regulations; (2) 40 T.A.C. Sections 720.1001-720.1013; or (3) 25 T.A.C. Section 412.308(e). (d) The commissioner by rule shall adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student receiving special education services under Subchapter A, Chapter 29. A procedure adopted under this subsection must: (1) be consistent with: (A) professionally accepted practices and standards of student discipline and techniques for behavior management; and ( relevant health and safety standards; and (2) identify any discipline management practice or behavior management technique that requires a district employee or volunteer or an independent contractor of a district to be trained before using that practice or technique. (e) In the case of a conflict between a rule adopted under Subsection (d) and a rule adopted under Subchapter A, Chapter 29, the rule adopted under Subsection (d) controls. (f) For purposes of this subsection, " weapon " includes any weapon described under Section 37.007(a)(1). This section does not prevent a student's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if: (1) the student possesses a weapon; and (2) the confinement is necessary to prevent the student from causing bodily harm to the student or another person. Added by Acts 2001, 77th Leg., ch. 212, § 1, eff. Sept. 1, 2001. § 37.003. Placement Review Committee (a) Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class and make recommendations to the district regarding readmission of expelled students. Members shall be appointed as follows: (1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and (2) the principal shall choose one member from the professional staff of a campus. ( The teacher refusing to readmit the student may not serve on the committee. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. http://www.capitol.state.tx.us/statutes/ed/ed0003700.html#ed003.37.002 1 http://www.capitol.state.tx.us/statutes/ed/ed0003700toc.html http://www.capitol.state.tx.us/statutes/edtoc.html http://www.tea.state.tx.us/special.ed/ McNutt > Does Texas have a law in regard to the use of time out rooms, physical > restraints and " therapeutic holds " in schools. > Thank you, > Heidi > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 10, 2003 Report Share Posted March 10, 2003 In a message dated 3/9/2003 5:53:22 PM Central Standard Time, Hcf67@... writes: > Does Texas have a law in regard to the use of time out rooms, physical > restraints and " therapeutic holds " in schools. > Thank you, > Heidi > ---------------------------------------------------------- <A HREF= " http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89.1053 " >http\ ://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89.1053</A> 89.1053. Procedures for Use of Restraint and Time-Out. (a) Requirement to implement. In addition to the requirements of 34 Code of Federal Regulations (CFR), §300.346(a)(2)(i) and ©, school districts and charter schools must implement the provisions of this section regarding the use of restraint and time-out. In accordance with the provisions of Texas Education Code (TEC), §37.0021 (Use of Confinement, Restraint, Seclusion, and Time-Out), it is the policy of the state to treat all students with dignity and respect. ( Definitions. (1) 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 ( imminent, serious property destruction. (2) 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. (3) 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 ( 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 as defined in subsection ( of this section 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. (d) Training on use of restraint. Training for school employees, volunteers, or independent contractors shall be provided according to the following requirements. (1) Not later than April 1, 2003, 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) 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. (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 shall receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint. (e) Documentation and notification on use of restraint. In a case in which restraint is used, school employees, volunteers, or independent contractors shall implement the following documentation requirements. (1) On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint. (2) On the day restraint is utilized, a good faith effort shall be made to verbally notify the parent(s) regarding the use of restraint. (3) 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. (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). (5) Written notification to the parent(s) and documentation to the student's special education eligibility folder shall include the following: (A) name of the student; ( name of the staff member(s) administering the restraint; © date of the restraint and the time the restraint began and ended; (D) location of the restraint; (E) nature of the restraint; (F) a description of the activity in which the student was engaged immediately preceding the use of restraint; (G) the behavior that prompted the restraint; (H) the efforts made to de-escalate the situation and alternatives to restraint that were attempted; and (I) information documenting parent contact and notification. (f) Clarification regarding restraint. For the purposes of subsections ©-(e) of this section, 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. (g) Use of time-out. A school employee, volunteer, or independent contractor may use time-out in accordance with subsection ((3) of this section with the following limitations. (1) Physical force or threat of physical force shall 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 individualized education program (IEP) and/or BIP if it is utilized on a recurrent basis to increase or decrease a targeted behavior. (3) Use of time-out shall 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. (h) Training on use of time-out. Training for school employees, volunteers, or independent contractors shall be provided according to the following requirements. (1) Not later than April 1, 2003, general or special education personnel who implement time-out based on requirements established in a student's IEP and/or BIP must be trained in the use of time-out. (2) After April 1, 2003, newly-identified personnel called upon to implement time-out based on requirements established in a student's IEP and/or BIP 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 shall receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out. (i) Documentation on use of time-out. Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP or BIP. The admission, review, and dismissal (ARD) committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use. (j) Student safety. 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. (k) Data collection requirement. Beginning with the 2003-2004 school year, with the exception of actions covered by subsection (f) of this section, cumulative data regarding the use of restraint must be reported through the Public Education Information Management System (PEIMS). Source: The provisions of the §89.1053 adopted to be effective August 1, 2002, 27 TexReg 3061. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 10, 2003 Report Share Posted March 10, 2003 In a message dated 3/9/2003 5:53:22 PM Central Standard Time, Hcf67@... writes: > Does Texas have a law in regard to the use of time out rooms, physical > restraints and " therapeutic holds " in schools. > Thank you, > Heidi > ---------------------------------------------------------- <A HREF= " http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89.1053 " >http\ ://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89.1053</A> 89.1053. Procedures for Use of Restraint and Time-Out. (a) Requirement to implement. In addition to the requirements of 34 Code of Federal Regulations (CFR), §300.346(a)(2)(i) and ©, school districts and charter schools must implement the provisions of this section regarding the use of restraint and time-out. In accordance with the provisions of Texas Education Code (TEC), §37.0021 (Use of Confinement, Restraint, Seclusion, and Time-Out), it is the policy of the state to treat all students with dignity and respect. ( Definitions. (1) 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 ( imminent, serious property destruction. (2) 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. (3) 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 ( 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 as defined in subsection ( of this section 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. (d) Training on use of restraint. Training for school employees, volunteers, or independent contractors shall be provided according to the following requirements. (1) Not later than April 1, 2003, 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) 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. (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 shall receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint. (e) Documentation and notification on use of restraint. In a case in which restraint is used, school employees, volunteers, or independent contractors shall implement the following documentation requirements. (1) On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint. (2) On the day restraint is utilized, a good faith effort shall be made to verbally notify the parent(s) regarding the use of restraint. (3) 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. (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). (5) Written notification to the parent(s) and documentation to the student's special education eligibility folder shall include the following: (A) name of the student; ( name of the staff member(s) administering the restraint; © date of the restraint and the time the restraint began and ended; (D) location of the restraint; (E) nature of the restraint; (F) a description of the activity in which the student was engaged immediately preceding the use of restraint; (G) the behavior that prompted the restraint; (H) the efforts made to de-escalate the situation and alternatives to restraint that were attempted; and (I) information documenting parent contact and notification. (f) Clarification regarding restraint. For the purposes of subsections ©-(e) of this section, 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. (g) Use of time-out. A school employee, volunteer, or independent contractor may use time-out in accordance with subsection ((3) of this section with the following limitations. (1) Physical force or threat of physical force shall 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 individualized education program (IEP) and/or BIP if it is utilized on a recurrent basis to increase or decrease a targeted behavior. (3) Use of time-out shall 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. (h) Training on use of time-out. Training for school employees, volunteers, or independent contractors shall be provided according to the following requirements. (1) Not later than April 1, 2003, general or special education personnel who implement time-out based on requirements established in a student's IEP and/or BIP must be trained in the use of time-out. (2) After April 1, 2003, newly-identified personnel called upon to implement time-out based on requirements established in a student's IEP and/or BIP 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 shall receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out. (i) Documentation on use of time-out. Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP or BIP. The admission, review, and dismissal (ARD) committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use. (j) Student safety. 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. (k) Data collection requirement. Beginning with the 2003-2004 school year, with the exception of actions covered by subsection (f) of this section, cumulative data regarding the use of restraint must be reported through the Public Education Information Management System (PEIMS). Source: The provisions of the §89.1053 adopted to be effective August 1, 2002, 27 TexReg 3061. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 10, 2003 Report Share Posted March 10, 2003 Thanks for putting the updated one up:) By any chance did you get that off of this link? http://www.tea.state.tx.us/special.ed/ Thanks, > In a message dated 3/9/2003 5:53:22 PM Central Standard Time, Hcf67@c... > writes: > > > Does Texas have a law in regard to the use of time out rooms, physical > > restraints and " therapeutic holds " in schools. > > Thank you, > > Heidi > > > ---------------------------------------------------------- > > <A HREF= " http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89. 1053 " >http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89. 1053</A> > > > 89.1053. Procedures for Use of Restraint and Time-Out. > > (a) Requirement to implement. In addition to the requirements of 34 Code of > Federal Regulations (CFR), §300.346(a)(2)(i) and ©, school districts and > charter schools must implement the provisions of this section regarding the > use of restraint and time-out. In accordance with the provisions of Texas > Education Code (TEC), §37.0021 (Use of Confinement, Restraint, Seclusion, and > Time-Out), it is the policy of the state to treat all students with dignity > and respect. > > ( Definitions. > > (1) 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 > > ( imminent, serious property destruction. > > (2) 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. > > (3) 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 > > ( 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 as defined in subsection > ( of this section 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. > > (d) Training on use of restraint. Training for school employees, volunteers, > or independent contractors shall be provided according to the following > requirements. > > (1) Not later than April 1, 2003, 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) 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. > > (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 shall receive instruction in current > professionally accepted practices and standards regarding behavior management > and the use of restraint. > > (e) Documentation and notification on use of restraint. In a case in which > restraint is used, school employees, volunteers, or independent contractors > shall implement the following documentation requirements. > > (1) On the day restraint is utilized, the campus administrator or designee > must be notified verbally or in writing regarding the use of restraint. > > (2) On the day restraint is utilized, a good faith effort shall be made to > verbally notify the parent(s) regarding the use of restraint. > > (3) 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. > > (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). > > (5) Written notification to the parent(s) and documentation to the student's > special education eligibility folder shall include the following: > > (A) name of the student; > > ( name of the staff member(s) administering the restraint; > > © date of the restraint and the time the restraint began and ended; > > (D) location of the restraint; > > (E) nature of the restraint; > > (F) a description of the activity in which the student was engaged > immediately preceding the use of restraint; > > (G) the behavior that prompted the restraint; > > (H) the efforts made to de-escalate the situation and alternatives to > restraint that were attempted; and > > (I) information documenting parent contact and notification. > > (f) Clarification regarding restraint. For the purposes of subsections > ©-(e) of this section, 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. > > (g) Use of time-out. A school employee, volunteer, or independent contractor > may use time-out in accordance with subsection ((3) of this section with > the following limitations. > > (1) Physical force or threat of physical force shall 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 individualized education program (IEP) and/or BIP if it is utilized > on a recurrent basis to increase or decrease a targeted behavior. > > (3) Use of time-out shall 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. > > (h) Training on use of time-out. Training for school employees, volunteers, > or independent contractors shall be provided according to the following > requirements. > > (1) Not later than April 1, 2003, general or special education personnel who > implement time-out based on requirements established in a student's IEP > and/or BIP must be trained in the use of time-out. > > (2) After April 1, 2003, newly-identified personnel called upon to implement > time-out based on requirements established in a student's IEP and/or BIP 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 shall receive instruction in current > professionally accepted practices and standards regarding behavior management > and the use of time-out. > > (i) Documentation on use of time-out. Necessary documentation or data > collection regarding the use of time-out, if any, must be addressed in the > IEP or BIP. The admission, review, and dismissal (ARD) committee must use any > collected data to judge the effectiveness of the intervention and provide a > basis for making determinations regarding its continued use. > > (j) Student safety. 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. > > (k) Data collection requirement. Beginning with the 2003-2004 school year, > with the exception of actions covered by subsection (f) of this section, > cumulative data regarding the use of restraint must be reported through the > Public Education Information Management System (PEIMS). > > Source: The provisions of the §89.1053 adopted to be effective August 1, > 2002, 27 TexReg 3061. > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 10, 2003 Report Share Posted March 10, 2003 Thanks for putting the updated one up:) By any chance did you get that off of this link? http://www.tea.state.tx.us/special.ed/ Thanks, > In a message dated 3/9/2003 5:53:22 PM Central Standard Time, Hcf67@c... > writes: > > > Does Texas have a law in regard to the use of time out rooms, physical > > restraints and " therapeutic holds " in schools. > > Thank you, > > Heidi > > > ---------------------------------------------------------- > > <A HREF= " http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89. 1053 " >http://www.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89. 1053</A> > > > 89.1053. Procedures for Use of Restraint and Time-Out. > > (a) Requirement to implement. In addition to the requirements of 34 Code of > Federal Regulations (CFR), §300.346(a)(2)(i) and ©, school districts and > charter schools must implement the provisions of this section regarding the > use of restraint and time-out. In accordance with the provisions of Texas > Education Code (TEC), §37.0021 (Use of Confinement, Restraint, Seclusion, and > Time-Out), it is the policy of the state to treat all students with dignity > and respect. > > ( Definitions. > > (1) 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 > > ( imminent, serious property destruction. > > (2) 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. > > (3) 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 > > ( 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 as defined in subsection > ( of this section 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. > > (d) Training on use of restraint. Training for school employees, volunteers, > or independent contractors shall be provided according to the following > requirements. > > (1) Not later than April 1, 2003, 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) 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. > > (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 shall receive instruction in current > professionally accepted practices and standards regarding behavior management > and the use of restraint. > > (e) Documentation and notification on use of restraint. In a case in which > restraint is used, school employees, volunteers, or independent contractors > shall implement the following documentation requirements. > > (1) On the day restraint is utilized, the campus administrator or designee > must be notified verbally or in writing regarding the use of restraint. > > (2) On the day restraint is utilized, a good faith effort shall be made to > verbally notify the parent(s) regarding the use of restraint. > > (3) 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. > > (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). > > (5) Written notification to the parent(s) and documentation to the student's > special education eligibility folder shall include the following: > > (A) name of the student; > > ( name of the staff member(s) administering the restraint; > > © date of the restraint and the time the restraint began and ended; > > (D) location of the restraint; > > (E) nature of the restraint; > > (F) a description of the activity in which the student was engaged > immediately preceding the use of restraint; > > (G) the behavior that prompted the restraint; > > (H) the efforts made to de-escalate the situation and alternatives to > restraint that were attempted; and > > (I) information documenting parent contact and notification. > > (f) Clarification regarding restraint. For the purposes of subsections > ©-(e) of this section, 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. > > (g) Use of time-out. A school employee, volunteer, or independent contractor > may use time-out in accordance with subsection ((3) of this section with > the following limitations. > > (1) Physical force or threat of physical force shall 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 individualized education program (IEP) and/or BIP if it is utilized > on a recurrent basis to increase or decrease a targeted behavior. > > (3) Use of time-out shall 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. > > (h) Training on use of time-out. Training for school employees, volunteers, > or independent contractors shall be provided according to the following > requirements. > > (1) Not later than April 1, 2003, general or special education personnel who > implement time-out based on requirements established in a student's IEP > and/or BIP must be trained in the use of time-out. > > (2) After April 1, 2003, newly-identified personnel called upon to implement > time-out based on requirements established in a student's IEP and/or BIP 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 shall receive instruction in current > professionally accepted practices and standards regarding behavior management > and the use of time-out. > > (i) Documentation on use of time-out. Necessary documentation or data > collection regarding the use of time-out, if any, must be addressed in the > IEP or BIP. The admission, review, and dismissal (ARD) committee must use any > collected data to judge the effectiveness of the intervention and provide a > basis for making determinations regarding its continued use. > > (j) Student safety. 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. > > (k) Data collection requirement. Beginning with the 2003-2004 school year, > with the exception of actions covered by subsection (f) of this section, > cumulative data regarding the use of restraint must be reported through the > Public Education Information Management System (PEIMS). > > Source: The provisions of the §89.1053 adopted to be effective August 1, > 2002, 27 TexReg 3061. > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 30, 2009 Report Share Posted June 30, 2009 That will never happen, unfortunately. Doesn't mean we shouldn't demand it... Winnie LAW Jim O' > We are concerned about losing our exemptions. We find ourselves > once again on the defensive. > > Wrong place to be. The position is to demand all vaccination > laws be repealed. > > Jim O' > Founder of S.I.N.B.A.D. > Shots in body's are deadly > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 30, 2009 Report Share Posted June 30, 2009 I learned a long time ago. Never say never. Keep in mind they outlawed mandatory vaccination in England in the 1800s after years of compulsory jabs. Even the state of Utah had a law against vaccinations in the early 1900s. Any doctor violating that law could spend time behind bars.. Sounds like something we should be promoting. I am not a lawyer but I think injuring and killing kids and adults is already against the law. We just need to bring it to our law-makers attention, its time to get loud, and persistent. What do we have to lose? Jim O' Army of one ________________________________ From: " wharrison@... " <wharrison@...> Vaccinations Sent: Tuesday, June 30, 2009 5:30:41 PM Subject: Re: LAW That will never happen, unfortunately. Doesn't mean we shouldn't demand it... Winnie LAW Jim O' > We are concerned about losing our exemptions. We find ourselves > once again on the defensive. > > Wrong place to be. The position is to demand all vaccination > laws be repealed. > > Jim O' > Founder of S.I.N.B.A.D. > Shots in body's are deadly > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 30, 2009 Report Share Posted June 30, 2009 Okay, not never. Army of one--love it! Winnie LAW > Jim O' > > > We are concerned about losing our exemptions. We find ourselves > > once again on the defensive. > > > > Wrong place to be. The position is to demand all vaccination > > laws be repealed. > > > > Jim O' > > Founder of S.I.N.B.A.D. > > Shots in body's are deadly > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
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