Restraint and Seclusion Laws in Texas
What are the restraint and seclusion rules in Texas?
Texas prohibits seclusion — defined under TEC §37.0021(b)(2) as confinement in a locked box, locked closet, or locked room designed solely to seclude a person and containing less than 50 square feet — for students receiving special education services (TEC §37.0021(a)). Physical restraint is permitted only during genuine emergencies when a student’s behavior poses imminent, serious physical harm to the student or others, must use only the reasonable force necessary to address the emergency, and must cease once the emergency ends (19 TAC §89.1053). Schools must make a good-faith effort to contact parents by phone the same day restraint is used and must provide written notification within one school day, documenting the student’s name, staff involved, date, time, location, restraint type, preceding activity, behavioral trigger, de-escalation attempts, and parent contact details (19 TAC §89.1053). TEA provides a statewide training framework for implementing these requirements consistently with 19 TAC §89.1053.
What Texas Requires
Seclusion — defined as confinement in a locked box, locked closet, or locked room designed solely to seclude a person and containing less than 50 square feet — is prohibited for students receiving special education services (TEC §37.0021(a))
Restraint is permitted only when a student’s behavior poses imminent, serious physical harm to the student or others; must use only reasonable force necessary and must stop once the emergency ends (19 TAC §89.1053(b))
Restraint is prohibited as a disciplinary measure, for the purpose of convenience, or as a substitute for an educational program; may not deprive the student of basic necessities (19 TAC §89.1053)
Peace officers and school security personnel performing security-related duties may not restrain, use chemical irritant spray, or use a Taser on a student in Grade 5 or below unless the student poses a serious risk of harm to the student or another person (TEC §37.0021(j))
Campus personnel who use restraint without prior training must receive training within 30 school days following the use; ongoing training must follow TEA-approved curriculum (19 TAC §89.1053(d))
Written documentation of every restraint incident must include student name, staff member, date, time, location, type of restraint, preceding activity, behavioral trigger, de-escalation attempts made, and post-restraint student observation (19 TAC §89.1053(c))
Key Timelines
Same day: campus administrator must be notified verbally and good-faith effort to reach parent by phone must occur on the day restraint is used (19 TAC §89.1053(c))
1 school day: written notification to parents must be provided within one school day after any use of restraint (19 TAC §89.1053(c))
30 school days: personnel who used restraint without prior training must complete TEA-approved training within 30 school days of the incident (19 TAC §89.1053(d))