You have probably seen the video of the little boy in Kentucky who was handcuffed for acting out at school. Actually, it would be more appropriate to call it “arm-cuffed.”  They had him cuffed above the elbows, with his arms behind his back. That’s got to be very uncomfortable.  I saw the video on CNN as Nancy Grace spewed righteous indignation.

I was sorry to see this sad video clip, as I’m sure you were.  I’m sorry to see this happen in any public school, but relieved that at least it wasn’t in Texas.   But this episode provides a good opportunity to review the basics about physical restraint.

We use physical restraint only in an emergency.  That term has a narrow definition and clearly does not apply just because a student is rude, uncooperative, noncompliant, foul-mouthed and frustrating to deal with.  An “emergency” is a situation in which a student’s behavior poses a threat of “imminent, serious physical harm to the student or others” or “imminent, serious property destruction.”

We use restraint only for as long as the emergency lasts.  End of emergency…end of physical restraint. We only use as much force as is necessary to address the emergency.

Restraint is done only by people who have been trained to use it; or if an emergency requires someone else to restrain a student, we provide training to that person within 30 school days. We document each instance of restraint and notify the parent of it promptly.

These rules and restrictions and more are spelled out in the Texas Administrative Code, 19 T.A.C. 89.1053. The written rules are about the restraint of students with disabilities, since that is what the authorizing statute addresses—see Texas Education Code 37.0021.  However, the rules make good sense for all students.

The rules were recently revised to clarify that they apply to a “peace officer” if the peace officer is “employed or commissioned by the school district or provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the school district and a local law enforcement agency.”  Furthermore, the data reporting requirements concerning restraint apply to “any peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity.”

Here’s hoping you can navigate the upcoming school year without ever having to use physical restraint on a student.

DAWG BONES:  VERY IMPORTANT FOR TEACHERS AND ADMINISTRATORS TO KNOW THE RULES RE: PHYSICAL RESTRAINT