Special Education Update

Brownsville Independent School District

Special Services Department

TBSI: Senate Bill 1196

Facts About SB 1196

Regulations in response to a State Law passed in 2001

Involves time-out, restraint and seclusion of studentsAffects Special Education PopulationBased on the premise that no discipline

management practice may be done to inflict injury, cause harm, demean, or deprive the student of basic human necessities

Cumulative data regarding restraints must be reported to TEA through PEIMS

Key DefenitionsEmergencySeclusionTime-OutRestraint

EmergencyEmergency-situations in which

student’s behavior poses a threat of imminent and serious physical harm to self or to others or imminent and serious property destruction.

Examples: Use of a sharp object as a weapon An assault on another person Running into the street as a way of escape

SeclusionStudent is confined in a locked box, locked

closet, or locked room that* is designed solely to seclude a

person and * contains less that 50 square feet of

space TEC 37.0021(b) What is prohibited?

◦A student with a disability may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique.

Time-Out

A behavior management technique in which a student is separated from other students for a limited period of time in a non-locked setting and from which the student is not physically prevented from leaving.

TEC 37.0021(b)

Time-OutIf time-out is used on a recurrent basis,

it must be identified in the student’s IEP and/or BIP

Time-out must be used only in conjunction with a variety of positive behavior intervention strategies

Time-out may not prevent student/s from being involved in student’s making progress in the general curriculum.

Exceptions to Time-Out

-Emergency situation while waiting for law enforcement personnel if:

Examples:-student possesses a weapon:-confinement is necessary to prevent the student from causing bodily harm to self or another person.

Restraint

The use of physical force or a mechanical device to restrict the free movement of all or a portion of a student’s body.

TEC 37.0021(b)

RestraintTraining Requirements

Each campus is required to have a CORE TEAM which includes a campus administrator or designee and any regular and/or special education staff who are likely to be involved in the use of restraint

Any staff member who uses restraint in an emergency who is not trained must receive training within 30 school days following the incident (BISD currently uses CPI)

Legal Requirements Use of Restraint

Restraint should only be used in emergency situation -Physical harm

-Property destruction

Restraint must be discontinued when the emergency no longer exists

Health and safety of the student must be protected at all times during restraint

Requires documentation and notification

Documentation related to restraint

Campus administrator or designee must be verbally notified the day of the restraint.

Written documentation of the restraint must be placed in the student’s SPED eligibility folder within one school day of the event.

On the day of the restraint an attempt must be made to verbally notify parents.

Documentation related to restraint

Parents must be provided written notification of the restraint within one school day of the event.

Notification must include:

Name of student and name of staff restraining student

Date and time restraint began and ended

Location of the restraint

Description of the activity which preceded the use of restraint

Behavior which prompted restraint

Efforts made to de-escalate the situation and alternatives to restraint that were attempted

Information documenting parent contact and notification

What does that mean to me as a general education teacher?

Know who your special education students areCoordinate with the students’ special education

case managerBe aware of the students’ disability and how it

impacts the students’ learning and/or behavior.Familiarize yourself with the students’ Individual

Education Plan (IEP) Implement the students’ accommodations and/or

modificationsReview the students’ FBA (if applicable)

Follow the students’ BIP (if applicable)

FERPA

Family Educational Rights and Privacy Act

The intent of the Act is to protect the rights of students and to insure the privacy and accuracy of education records.

Summary

Time-Out is a viable option but must follow the guidelines as set forth by SB 1196

Restraint should be used as a last resort

Individuals using restraint must be trained

FERPA

Questions

Further Questions on SB 1196 can be addressed to Campus Administration, Special Education Staff, or Campus Special Education Supervisor