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Legislation approved in 2003 changed the law regarding restraint of special education students, adding the word “significantly” to the definition of restraint. With this change restraint now means the use of physical force or a mechanical device to significantly restrict the free movement of all or a part of the student's body.
The law also loosened the definition of “time-out,” saying it only occurs when a student is separated from other students for a limited period in a setting in which the exit is not physically blocked by furniture, a closed door held shut from the outside or another inanimate object. The old definition for time-out was that it occurred when a student was separated from other students for a limited period in a setting from which the student was not physically prevented from leaving.
The changes in law required that the Texas Education Agency modify existing restraint rules. TCTA participated in a stakeholder meeting and asked that the rules allow teachers to redirect students and guide them to a new location without being considered restraint. This language was added to the rules, and as a result teachers now have more control over their classrooms.
TCTA also asked that restraint not be limited to emergencies, as it is difficult for teachers to assess on the spot whether certain actions are emergencies, thus meriting restraint. TEA declined to eliminate emergency from the definition. TCTA also asked that the rules clarify that the district must provide training to the teachers, that the documentation required by the rules not be in addition to existing disciplinary documentation already required, and that the rules clarify that the educator may use his/her professional judgment in these matters. Although TEA declined to change the rules to accommodate these requests, TCTA will continue to work on these issues. TCTA recognizes the importance of these rules to our members, and has been the only teacher group consistently involved in their development.
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