89.1053(f)

19 Texas Administrative Code § 89.1053. Procedures for Use of Restraint and Time-Out.   

. . . 
(f)  Clarification regarding restraint. The provisions adopted under this section do not apply to the use of physical force or a mechanical device that does not significantly restrict the free movement of all or a portion of the student's body. Restraint that involves significant restriction as referenced in subsection (b)(2) of this section does not include: 
(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, redirect attention, provide guidance to a location, or provide comfort; 
(3)  limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors, with the expectation that instruction will be reflected in the individualized education program (IEP) as required by 34 CFR, §300.324(a)(2)(i) to promote student learning and reduce and/or prevent the need for ongoing intervention; or 
(4)  seat belts and other safety equipment used to secure students during transportation. 
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Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 12, 2015