Senate Bill 1196: Commissioner's Rules Concerning Special Education Services
Training on the Use of Restraint
The Texas Legislature passed Senate Bill 1196 in spring 2001. This legislation amended Chapter 37 of the Texas Education Code by adding Section 37.0021. Use of Confinement, Restraint, Seclusion, and Time Out. Senate Bill 1196 states that it is the policy of Texas to treat all students with dignity and respect. The bill prohibits the use of confinement or seclusion for students with disabilities in school districts and charter schools. The law defines seclusion, restraint and time-out.
Senate Bill 1196 required the Commissioner of Education to adopt procedures for the use of time-out and restraint by school personnel, volunteers and independent contractors. The rules require training on a full continuum of positive behavior strategies and professionally accepted practices and standards for behavior management.
Training for school employees, volunteers, or independent contractors must be provided according to the following requirements.
- 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 alternative to the use of restraint.
- All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint.
*Any staff who may, or has, restrained a child needs the online TBSI training plus an approved restraint training.
Districts are required to report each incidence of restraint using PEIMS (Special Education Child Restraint –Student). Districts were required to begin submitting this data as of the June 2004 PEIMS submission.
Attached are documentation forms and letters to parents related to Procedures of Use of Restraint.