Tex. Educ. Code Section 37.0021
Use of Confinement, Restraint, Seclusion, and Time-out


(a)

It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs). A student with a disability who receives special education services under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs), 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.

(b)

In this section:

(1)

“Restraint” means 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.

(2)

“Seclusion” means a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that:

(A)

is designed solely to seclude a person; and

(B)

contains less than 50 square feet of space.

(3)

“Time-out” means 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:

(A)

that is not locked; and

(B)

from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.

(4)

“Law enforcement duties” means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the Code of Criminal Procedure.

(5)

“Taser” means a device manufactured, sold, or distributed by Taser International, Incorporated, that is intended, designed, made, or adapted to incapacitate a person by inflicting an electrical charge through the emission of a projectile or conductive stream. The term, for purposes of this section, includes a similar device manufactured, sold, or distributed by another person.

(c)

A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. This subsection does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which the following law, rules, or regulations apply:

(1)

the Children’s Health Act of 2000, Pub. L. No. 106-310, any subsequent amendments to that Act, any regulations adopted under that Act, or any subsequent amendments to those regulations;

(2)

40 T.A.C. Sections 720.1001-720.1013; or

(3)

25 T.A.C. Section 412.308(e).

(d)

Subject to Subsection (j), the commissioner by rule shall adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student with a disability receiving special education services under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs). A procedure adopted under this subsection must:

(1)

be consistent with:

(A)

professionally accepted practices and standards of student discipline and techniques for behavior management; and

(B)

relevant health and safety standards;

(2)

identify any discipline management practice or behavior management technique that requires a district employee or volunteer or an independent contractor of a district to be trained before using that practice or technique; and

(3)

require a school district to:

(A)

provide written notification to the student’s parent or person standing in parental relation to the student for each use of restraint that includes:
(i)
the name of the student;
(ii)
the name of the district employee or volunteer or independent contractor of the district who administered the restraint;
(iii)
the date of the restraint;
(iv)
the time that the restraint started and ended;
(v)
the location of the restraint;
(vi)
the nature of the restraint;
(vii)
a description of the activity in which the student was engaged immediately preceding the use of the restraint;
(viii)
the behavior of the student that prompted the restraint;
(ix)
any efforts made to de-escalate the situation and any alternatives to restraint that were attempted;
(x)
if the student has a behavior improvement plan or a behavioral intervention plan, whether the plan may need to be revised as a result of the behavior that led to the restraint; and
(xi)
if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student’s parent or person standing in parental relation to the student to request an admission, review, and dismissal committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student;

(B)

include in a student’s special education eligibility school records:
(i)
a copy of the written notification provided to the student’s parent or person standing in parental relation to the student under Paragraph (A);
(ii)
information on the method by which the written notification was sent to the parent or person; and
(iii)
the contact information for the parent or person to whom the district sent the notification; and

(C)

if the student has a behavior improvement plan or behavioral intervention plan, document each use of time-out prompted by a behavior of the student specified in the student’s plan, including a description of the behavior that prompted the time-out.

(e)

In the case of a conflict between a rule adopted under Subsection (d) and a rule adopted under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs), the rule adopted under Subsection (d) controls.

(f)

For purposes of this subsection, “weapon” includes any weapon described under Section 37.007 (Expulsion for Serious Offenses)(a)(1). This section does not prevent a student’s locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if:

(1)

the student possesses a weapon; and

(2)

the confinement is necessary to prevent the student from causing bodily harm to the student or another person.

(g)

This section and any rules or procedures adopted under this section do not apply to:

(1)

a peace officer performing law enforcement duties, except as provided by Subsection (i);

(2)

juvenile probation, detention, or corrections personnel; or

(3)

an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.

(h)

This section and any rules or procedures adopted under this section apply to a peace officer only if the peace officer:

(1)

is employed or commissioned by a school district; or

(2)

provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency.

(i)

A school district shall report electronically to the agency, in accordance with standards provided by commissioner rule, information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. A report submitted under this subsection must be consistent with the requirements adopted by commissioner rule for reporting the use of restraint involving students with disabilities.

(j)

A peace officer performing law enforcement duties or school security personnel performing security-related duties on school property or at a school-sponsored or school-related activity may not restrain or use a chemical irritant spray or Taser on a student enrolled in fifth grade or below unless the student poses a serious risk of harm to the student or another person.
Added by Acts 2001, 77th Leg., ch. 212, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 6, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 3, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 2, eff. June 4, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1042 (S.B. 133), Sec. 1, eff. June 18, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1042 (S.B. 133), Sec. 2, eff. June 18, 2023.

Source: Section 37.0021 — Use of Confinement, Restraint, Seclusion, and Time-out, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­0021 (accessed Jun. 5, 2024).

37.001
Student Code of Conduct
37.002
Removal by Teacher
37.003
Placement Review Committee
37.004
Placement of Students with Disabilities
37.005
Suspension
37.006
Removal for Certain Conduct
37.007
Expulsion for Serious Offenses
37.008
Disciplinary Alternative Education Programs
37.009
Conference
37.010
Court Involvement
37.011
Juvenile Justice Alternative Education Program
37.0011
Use of Corporal Punishment
37.0012
Designation of Campus Behavior Coordinator
37.012
Funding of Juvenile Justice Alternative Education Programs
37.013
Coordination Between School Districts and Juvenile Boards
37.0013
Positive Behavior Program
37.014
Court-related Children--liaison Officers
37.015
Reports to Local Law Enforcement
37.016
Report of Drug Offenses
37.017
Destruction of Certain Records
37.018
Information for Educators
37.019
Emergency Placement or Expulsion
37.020
Reports Relating to Out-of-school Suspensions, Expulsions, and Disciplinary Alternative Education Program Placements
37.0021
Use of Confinement, Restraint, Seclusion, and Time-out
37.021
Opportunity to Complete Courses During In-school and Certain Other Placements
37.0022
Removal by School Bus Driver
37.022
Notice of Disciplinary Action
37.0023
Prohibited Aversive Techniques
37.023
Transition from Alternative Education Program to Regular Classroom
37.0051
Placement of Students Committing Sexual Assault Against Another Student
37.051
Establishment
37.052
Cooperative Programs
37.0052
Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
37.053
Cooperation of Governmental Agencies
37.054
Parental Notice, Consent, and Access to Information
37.055
Parental Involvement
37.056
Court Supervision
37.0061
Funding for Alternative Education Services in Juvenile Residential Facilities
37.0062
Instructional Requirements for Alternative Education Services in Juvenile Residential Facilities
37.0081
Expulsion and Placement of Certain Students in Alternative Settings
37.081
School District Peace Officers, School Resource Officers, and Security Personnel
37.0082
Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs
37.082
Possession of Paging Devices
37.083
Discipline Management Programs
37.084
Interagency Sharing of Records
37.085
Arrests Prohibited for Certain Class C Misdemeanors
37.086
Required Posting of Warning Signs of Increased Trafficking Penalties
37.087
Immunity from Liability
37.089
Role of Persons Carrying a Firearm on School Grounds
37.0091
Notice to Noncustodial Parent
37.101
Applicability of Criminal Laws
37.102
Rules
37.103
Enforcement of Rules
37.104
Courts Having Jurisdiction
37.105
Unauthorized Persons: Refusal of Entry, Ejection, Identification
37.106
Vehicle Identification Insignia
37.107
Trespass on School Grounds
37.108
Multihazard Emergency Operations Plan
37.109
School Safety and Security Committee
37.110
Information Regarding Gang-free Zones
37.113
Notification Regarding Bomb Threat or Terroristic Threat
37.114
Best Practices for Emergency School Drills and Exercises
37.115
Threat Assessment and Safe and Supportive School Program and Team
37.117
Silent Panic Alert Technology
37.119
Certain Private Provider Access to School Safety Training
37.121
Fraternities, Sororities, Secret Societies, and Gangs
37.122
Possession of Intoxicants on Public School Grounds
37.123
Disruptive Activities
37.124
Disruption of Classes
37.125
Exhibition, Use, or Threat of Exhibition or Use of Firearms
37.126
Disruption of Transportation
37.141
Definitions
37.142
Conflict of Law
37.143
Citation Prohibited
37.144
Graduated Sanctions for Certain School Offenses
37.145
Complaint
37.146
Requisites of Complaint
37.147
Prosecuting Attorneys
37.148
Right to Report Crime
37.151
Definitions
37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment
37.152
Personal Hazing Offense
37.153
Organization Hazing Offense
37.154
Consent Not a Defense
37.155
Immunity from Prosecution or Civil Liability Available
37.156
Offenses in Addition to Other Penal Provisions
37.157
Reporting by Medical Authorities
37.158
Venue
37.0181
Professional Development Regarding Disciplinary Procedures
37.201
Definition
37.202
Purpose
37.203
Board
37.204
Officers
37.205
Safety Training Programs
37.207
Model Safety and Security Audit Procedure
37.208
On-site Assistance
37.209
Center Website
37.211
Recognition of Schools
37.212
Interagency Cooperation
37.213
Public Junior Colleges
37.214
Authority to Accept Certain Funds
37.215
Budget
37.216
Biennial Report
37.217
Community Education Relating to Internet Safety
37.218
Programs on Dangers of Students Sharing Visual Material Depicting Minor Engaged in Sexual Conduct
37.220
Model Threat Assessment Team Policies and Procedures
37.221
Facilities Standards Review
37.222
Resources on Safe Firearm Storage
37.301
Definition
37.302
Applicability
37.303
Removal of Registered Sex Offender from Regular Classroom
37.304
Placement of Registered Sex Offender Who Is Under Court Supervision
37.305
Placement of Registered Sex Offender Who Is Not Under Court Supervision
37.306
Review of Placement in Alternative Education Program
37.307
Placement and Review of Student with Disability
37.308
Transfer of Registered Sex Offender
37.309
Placement in Disciplinary Alternative Education Program or Juvenile Justice Alternative Education Program
37.310
Funding for Registered Sex Offender Placed in Juvenile Justice Alternative Education Program
37.311
Conference
37.312
Liability
37.313
Conflicts of Law
37.351
Facilities Standards Compliance
37.352
Purchasing Requirements
37.353
Good Cause Exception
37.354
Funding for Facilities Standards Compliance
37.355
Confidentiality
37.0811
School Marshals: Public Schools
37.0812
Training Policy: School District Peace Officers and School Resource Officers
37.0813
School Marshals: Private Schools
37.0814
Armed Security Officer Required
37.0815
Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Area
37.0818
Private School Peace Officers
37.0831
Dating Violence Policies
37.0832
Bullying Prevention Policies and Procedures
37.1081
Public Hearing on Multihazard Emergency Operations Plan Noncompliance
37.1082
Multihazard Emergency Operations Plan Noncompliance
37.1083
Agency Monitoring of School District Safety and Security Requirements
37.1084
Regional School Safety Review Teams
37.1085
Assignment of Conservator for Noncompliance with School Safety and Security Requirements
37.1086
Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals with Disabilities or Impairments
37.1131
Notification Regarding Violent Activity
37.1141
Active Threat Exercises
37.2071
District Multihazard Emergency Operations Plan Review and Verification
37.2091
Registry of Persons Providing School Safety or Security Consulting Services
37.2121
Memoranda of Understanding and Mutual Aid Agreements
37.2161
School Safety and Security Progress Report
37.08131
Memorandum of Understanding Between Public and Private Schools Regarding School Marshals

Accessed:
Jun. 5, 2024

§ 37.0021’s source at texas​.gov