Legal Guide by

Importance of Legal Guide Based on Learning from the Interview-
The interview with Ms. Welch provided an inside view of how restraint and seclusion can be used appropriately to maintain the safety of the student in crisis, other students on the campus and the teachers providing support during the time of crisis. Ms. Welch shared about experiences she has had where she has been injured while assisting a student in crisis. Even as a trained professional, injuries can still occur and it is vitally important that general education teachers understand this physical risk and the legal implications of attempting a restraint or seclusion without proper training. Additionally, administrators must also fully understand the application of the law and be bound by the duty to protect both the student in crisis and the professional educator providing support to the student in crisis. The information in this legal guide will provide guidance to both the classroom teacher and the campus administrator as they navigate this important topic.

Best Practices Related to Restraint and Seclusion Gleaned from the Interview-
* Restraint and/or seclusion should only be used as a LAST RESORT and only after a systematic process of deescalation procedures have taken place and imminent harm to the student(s)/teacher(s) is likely or has occurred.
* Restraint can only be used by an adult who has been trained with the Crisis Prevention Institute's Nonviolent Crisis Intervention Training (commonly referred to as CPI Training) and holds a current certificate in the training.
* At least two adults are present during the restraint or seclusion process.
*While a good-faith attempt to notify parents/guardians of a restraint/seclusion is a Texas legal requirement (19 TAC §89.1053), Ms. Welch shared that a student can experience significant physical and emotional effects within the first 24 hours from a trauma/crisis event at school and parents/guardians need to know the danger signs to look for in their child after an event takes place. She emphasized the vital importance of speaking with the parent/caregiver on the day the restraint occurs.

Emerging Issue- Tiered Behavior Interventions that Mirror Academic RTI Systems
Ms. Welch shared that out of the campuses she has worked at during her career, the campus with the best outcomes for students with adverse behavioral issues was the one (and she noted the only one she has seen) where "red-flag" behaviors were treated with the same importance as learning gaps. Tiered behavior interventions were in place and documented in the same ways that academic interventions were used for Tier 2 and Tier 3 students. Diagnoses of Emotional Disturbance (ED) peak in late adolescence. (Samuels, 2018). Recognition of indicators in elementary aged students could help identify students who exhibit warning signs of possible ED. Educators need research-based training on recognition of warning signs in much the same way that training is provided to recognize math and reading deficits with the goal of closing those gaps and impacting student academic growth and learning. Tiered behavioral supports similar to academic tiered interventions are likely to benefit students at risk for emotional disturbance and are becoming more popular across the United States. If supports can be established to meet these emerging needs in the elementary-aged child, those students may have a higher likelihood of academic and societal success in the future.

Procedures for Use of Restraint and Time-Out, 19. Tex. Admin. Code §89.1053

Samuels, C. A. (2018, March 19). Students with emotional disabilities: Facts about this vulnerable population. Education Week. https://www.edweek.org/leadership/students-with-emotional-disabilities-facts-about-this-vulnerable-population/2018/03

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