Restraint of students with disabilities

Who must attend IEP team meetings?

Federal law requires that at least one regular education teacher be a member of the IEP team (or ARD committee) if the student is or may be placed in a regular education setting. (See page 54.) However, the law provides that members of the IEP team/ARD committee are not required to attend meetings if the parent of the student and the school district agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting. If the member’s area of the curriculum is being discussed, the member can be excused by submitting written input on the development of the IEP prior to the meeting. The law also allows the parent and the school district to agree to make changes to an IEP after the annual IEP meeting without convening another meeting, but by making the changes in writing, allowing the IEP team to meet via conference call or video, and requiring school districts to consolidate IEP team meetings as much as possible.

Which regular education teacher must be on the IEP team (ARD committee)?

TCTA-initiated legislation provides that the regular education teacher who serves as a member of a student’s ARD committee must, to the extent practicable, be a regular education teacher responsible for implementing a portion of the student’s IEP.

What must the IEP contain?

The IEP must contain a statement of the program modifications or supports for school personnel that will be provided for the child. These are tools that will help school personnel work more effectively with the child and could include special training for the child’s teacher. The IEP must include enough information to enable teachers to understand what is required to effectively implement it. TCTA-initiated legislation passed in 2013 specifies that a student’s behavioral intervention plan is part of the IEP.

TEA model IEP form

TEA developed a model IEP form that includes only information required by state or federal law for school districts to use, if desired. Find the form on TEA’s website at http://goo.gl/9v8H6.

Who gets the IEP?

Federal regulations require that the child’s IEP must be accessible to each regular education teacher and anyone else responsible for its implementation as soon as possible after it is finalized and before beginning work with the child. (Texas rules require that each teacher of the child must have access to relevant sections of the IEP.) Each teacher who will provide services to the child must be informed of his/her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications and supports that must be provided for the child in accordance with the IEP. Schools and teachers have continuing obligations to make good faith efforts to assist the child in achieving the IEP goals and objectives. RESTRAINT OF STUDENTS WITH DISABILITIES TEA rules (19 TAC, Sec. 89.1053) limit the use of physical force or a mechanical device that would significantly restrict the free movement of all or a portion of a student’s body. The use of restraint must: • be limited to such force as is reasonable to address an emergency, • be discontinued when an emergency no longer exists, • be implemented to protect the health and safety of the student and others, and • not deprive the student of basic human necessities.

Exceptions

Actions that are not considered restraint include 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. Anyone who restrains a student must receive training within 30 school days, if not previously trained in restraint. The training must include prevention and de-escalation techniques, restraint alternatives, accepted practices and standards regarding behavior management. If an employee restrains a student: • a principal or designee must receive notice of the restraint that day, • a good faith effort must be made that day to notify the student’s parent(s), • written notice to the parent must be placed in the mail or given to the parent within one business day, and • the student’s eligibility folder must contain documentation of the use of restraint. The documentation of the restraint and the parent notice must include the “who, what, when, where and how” of the restraint, a description of the conduct requiring the restraint, and the alternatives and de-escalation attempted.

Timeouts and seclusion

The rules also include limitations on the use of timeout and seclusion. Timeout occurs when a student is separated from other students for a limited period in a setting that is not locked and in which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object. Recent legislation prohibits the use of timeout that precludes a student from progressing appropriately in the curriculum and annual goals in the IEP, including physically isolating the student; or a technique or intervention that deprives a student of one or more senses or results in a denial of supervision of the student; but specifies that these provisions do not prohibit a teacher from removing a student from class under current discipline laws. View the rules online at https://goo.gl/ReLGe.