Prohibited Aversive Techniques, Use of Restraint, and Time-Out

Definition

State LAW defines an “aversive technique” as a technique or intervention intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain.

The term includes a technique or intervention that:

• is designed to, or is likely to, cause physical pain, including through the use of electric shock or any procedure that involves the use of pressure points or joint locks,
• involves the directed release of a noxious, toxic, or otherwise unpleasant spray, mist, or substance near the student’s face,
• denies adequate sleep, air, food, water, shelter, bedding, physical comfort, supervision, or access to a restroom facility,
• ridicules or demeans the student in a manner that adversely affects or endangers the learning or
  mental health of the student or constitutes verbal abuse,
• employs a device, material, or object that simultaneously immobilizes all four extremities, including any procedure that results in such immobilization known as prone or supine floor restraint,
• impairs the student’s breathing, including any procedure that involves:
  • applying pressure to the student’s torso or neck, or
  • obstructing the student’s airway, including placing an object in, on, or over the student’smouth or nose or placing a bag, cover, or mask over the student’s face,
• restricts the student’s circulation,
• secures the student to a stationary object while the student is in a sitting or standing position,
• inhibits, reduces, or hinders the student’s ability to communicate,
• involves the use of a chemical restraint,
• constitutes use of time-out that precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student’s IEP, including isolating the student by the use of physical barriers, or
• deprives the student of the use of one or more of the student’s senses.

A school district employee, volunteer, or an independent contractor of a school district may not apply an aversive technique, or by authorization, order, or consent, cause an aversive technique to be applied to a student. However, a technique that deprives the student of the use of one or more of the student’s senses may be used if it is executed in a manner that:

• does not cause the student discomfort or pain, or
• complies with the student’s IEP or BIP.

These prohibited aversive technique requirements apply to all students, including students in off-campus placements.

Definition

State law, USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIMEOUT, defines "restraint" as 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.

Restraint does not include:

• physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning;
• limited physical contact with a student to promote safety (e.g., holding a student's hand), prevent a potentially harmful action (e.g., running into the street), teach a skill, redirect attention, provide guidance to a location, or provide comfort;
• limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors (although it is expected that the student’s IEP will reflect instruction to promote student learning and reduce and/or prevent the
  need for ongoing intervention); or
• seat belts and other safety equipment used to secure students during transportation.

How and when may restraint be used?

PROCEDURES FOR USE OF RESTRAINT AND TIME-OUT allow a school employee, volunteer, or independent contractor to use restraint only in an emergency. An “emergency” is when a student’s
behavior poses a threat of imminent, serious physical harm to the student or others or imminent, serious property destruction.

Any school employee, volunteer, or independent contractor restraining a student must:

• limit the force used to what is reasonably necessary to address the emergency,
• discontinue the restraint as soon as the situation is no longer an emergency,
• implement the restraint in such a way as to protect the health and safety of the student and others,
• ensure that the student is not deprived of basic human necessities

Training Requirements

Every campus must have a core team that receives TRAINING ON USE OF RESTRAINT. This team must include a campus administrator or designee and any general or special education personnel likely to use restraint. TEA highly encourages schools to ensure that both general and special education educators are on this core team. If a person who has not been trained restrains a student, they must receive training within 30 school days of when the restraint occurred. Training on restraint must include information on prevention and de-escalation techniques, alternatives to restraint, and professionally accepted practices regarding behavior management and the use of restraint. The Texas Behavioral Support Initiative (TBSI) training offered by TEA helps campuses fulfill this training requirement. Staff training should also include practice and demonstration of appropriate restraint techniques with regular refresher training.

Documentation Requirements

* If a student is restrained multiple times during an event, each restraint is considered an individual incident and must be written up as such.

Definition

TIME-OUT is defined in statute as a behavior management technique that, in order to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a non-locked setting, from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object. 

Limitations on the Use of Time-Out 

Commissioner's Rule, PROCEDURES ON USE OF RESTRAINT AND TIME-OUT, specifies that a school employee, volunteer, or independent contractor may use time-out with the following limitations:

• Physical force or threat of physical force must not be used to place a student in time-out.
• Time-out may only be used in conjunction with an array of positive behavior intervention strategies and must be included in the student’s IEP and/or BIP if it is utilized on a recurrent basis to increase or decrease a targeted behavior.
• Use of time-out must not be implemented in a fashion that precludes the ability of the student to be involved in and progress in the general curriculum and advance appropriately towards attaining IEP goals. The PROHIBITED AVERSIVE TECHNIQUES statute also states this limitation by prohibiting “ use of time-out that precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student’s IEP, including isolating the student by the use of physical barriers.”

Training Requirements

TRAINING for school employees, volunteers, or independent contractors must be provided according to the following requirements:

• Any general or special education personnel who implement time-out based on requirements established in a student’s IEP and/or BIP must be trained in the use of time-out.
• Newly identified personnel called upon to implement time-out based on requirements established in a student's IEP and/or BIP must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out.
• Training on the use of time-out must be provided as part of a program that addresses a full continuum of positive behavioral intervention strategies and must address the impact of time-out on the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student’s IEP.
• All personnel who are trained must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out.

The TBSI training offered through TEA helps campuses fulfill this training requirement.

Documentation Requirements

Necessary DOCUMENTATION or data collection regarding the use of time-out, if any, must be addressed in the IEP and/or BIP. If a student has a BIP, the school district must document each use of time-out prompted by a behavior specified in the student's BIP, including a description of the behavior that prompted the time-out. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use. See appendix E and appendix F for documentation forms that may assist with these requirements.

Additional Considerations

In behavioral terms, time-out is a behavior reduction technique designed to reduce or eliminate target behaviors maintained by attention or other positive reinforcers. It is important to remember that time-out will not be effective for behaviors that are motivated by escape or avoidance. Time-out is only effective to the extent that the time-in environment is a place students want to be. If the time-in environment is boring, frustrating, or where students are unsuccessful, time-out may actually be reinforcing.

Also, time-out is not effective and not recommended for self-reinforcing behaviors, self-stimulatory behaviors, self-abusive behaviors, daydreaming, etc.

Time-out must be used in conjunction with positive behavioral supports designed to increase and strengthen students' appropriate behaviors. Students with chronic behavior problems often have behavioral skill deficits; for example, they may not possess the behavioral skills for dealing with rejection, frustration, boredom, or how to say no in a socially acceptable manner. For this reason, negative behaviors cannot simply be eliminated. Students must be taught appropriate replacement behaviors and be reinforced for displaying those behaviors. This way, students have a way to get their needs met without engaging in inappropriate or even dangerous behaviors.

• Prohibited Aversive Techniques
• Dear Colleague Letter: Restraint and Seclusion of Students with Disabilities (OCR, 2016)