Special Education Update
Brownsville Independent School District
Special Services Department
TBSI: Senate Bill 1196
Facts About SB 1196
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Regulations in response to a state law passed in 2001
Involves time-out, restraint, and seclusion of students
Affects special education students only
Based 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 Defenitions
Emergency
 Seclusion
 Time-Out
 Restraint
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Emergency
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Emergency-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.
19 TAC 89.1053(b)(1)-(2)
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Examples:
 Use of a sharp object as a weapon
 An assault on another person
 Running into the street as a way of escape
Seclusion
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“Seclusion” is a behavior management
technique in which a student 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)(2)
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A district employee, volunteer, or an
independent contractor of a district MAY NOT
place a student in seclusion.
TEC 37.0021(c)
Time-Out
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A behavior management technique in which to
provide a student with an opportunity to regain
self-control, the student is separated from other
students for a limited period in a setting:
◦ That is not locked; and
◦ From which the exit is not physically blocked by
furniture, a closed door held shut from the outside,
or another inanimate object
19 TAC 89.1053(b)(3)
Time-Out
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A school employee, volunteer, or independent
contractor may use time-out with the following
limitations:
◦ Physical force or threat of physical force shall not be used to
place a student in time-out.
◦ Time-out must be used only in conjunction with an array of
positive behavior intervention strategies and techniques and
must be included in the student’s IEP and/or BIP if it is utilized
on recurrent basis to increase or decrease targeted behavior.
◦ Use of time-out shall not be implemented in a fashion that
precludes the ability of the student to be involved or progress in
the general curriculum and advance appropriately towards
attaining the annual goals specified in the student’s IEP.
19 TAC 89.1053(g)
Exceptions to Time-Out
•
Emergency situation while waiting for law
enforcement personnel if:
• student possesses a weapon:
• confinement is necessary to prevent the student from causing
bodily harm to self or another person.
Restraint
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The use of physical force or a mechanical device
to significantly restrict the free movement of all
or a portion of a student’s body.
TEC 37.0021(b)
Restraint
Training Requirements
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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
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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
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Restraint should only be used in emergency situation
 Physical harm
 Property destruction
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Restraint must be discontinued when the emergency no
longer exists
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Health and safety of the student must be protected at all
times during restraint
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Requires documentation and notification
Documentation related to restraint
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Campus administrator or designee must be verbally
notified the day of the restraint
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Written documentation of the restraint must be placed in
the student’s SPED eligibility folder within one school day
of the incident
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Appropriate PEIMS restraint documentation must be
completed and submitted to the appropriate campus
administrator
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On the day of the restraint an attempt must be made to
verbally notify parents
Documentation related to
restraint
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Parents must be provided written notification of the
restraint within one school day of the incident.
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Notification must include (refer to special services
restraint forms):
 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?
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Know who your special education students are
Coordinate with the students’ special education case
manager
Be 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
modifications
Review the students’ FBA (if applicable)
Follow the students’ BIP (if applicable)
FERPA
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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
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Time-Out is a viable option but must follow
the guidelines as set forth by SB 1196
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Restraint should be used as a last resort
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Individuals using restraint must be trained
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FERPA
Questions
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Further Questions on SB 1196 can be
addressed to Campus Administration,
Special Education Staff, or Campus Special
Education Supervisor