• The student possesses a weapon as described under TEC 37.007(a)(1); or 

• The confinement is necessary to prevent the student from causing bodily harm to the student or another person.

PHYSICAL RESTRAINT

• Imminent, serious physical harm to the student or others; or

• Imminent, serious property destruction.

• Restraint must be limited to the use of such reasonable force as is necessary to address the emergency;

• Restraint must be discontinued at the point at which the emergency no longer exists;

• Restraint must be implemented in such a way as to protect the health and safety of the student and others; and

• Restraint must not deprive the student of basic human necessities.

• 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;

• 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; and

• All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint.

• 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 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;

• 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 admission, review, and dismissal (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); and

• Written notification to the parent(s) and documentation to the student's special education eligibility folder must include the following:

• 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;

• Location of the restraint;

• Nature of the restraint;

• A description of the activity in which the student was engaged immediately preceding the use of restraint;

• The behavior that prompted the restraint;

• The efforts made to de-escalate the situation and alternatives to restraint that were attempted; and

• Information documenting parent contact and notification.

• Physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning;

• 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;

• Limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors; or

• Seat belts and other safety equipment used to secure students during transportation.

TIME-OUT

• That is not locked; and

• From which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.

• Physical force or threat of physical force must not be used to place a student in time-out;

• Time-out must 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; and

• 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.

• 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;

• 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;

• 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; and

• All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out.