89.1053(e)

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

. . . 
(e)  Documentation and notification on use of restraint. In a case in which restraint is used, school employees, volunteers, or independent contractors must 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 must 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 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). 
(5)  Written notification to the parent(s) and documentation to the student's special education eligibility folder must include the following: 
(A)  name of the student; 
(B)  name of the staff member(s) administering the restraint; 
(C)  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. 
. . . 


Last Amended:  January 1, 2015, 39 TexReg 10446
Entered: Jan. 12, 2015