Question: My principal told the faculty at our school that we
were not to have any physical contact with our students for any reason.
Is this legal?
Answer: It is not an illegal directive per se, but on the other hand, it is unrealistic, impossible to comply with or enforce, and undesirable as a policy.
Obviously, no one can justify touching a student in a harmful, sexual or offensive manner, but there are lots of legitimate reasons for physical contact with kids. It is difficult to imagine, for example, how coaches or elementary school teachers could perform their duties without touching students.
Of course, school employees need to use common sense and avoid situations that can give rise to bogus accusations of inappropriate contact, such as being alone with a student in an isolated setting. Additionally, if a school employee is given a specific directive not to have contact with students, as may result when the school district is unable to substantiate a particular allegation but wants to cover itself, the employee needs to do everything possible to comply.
There are a couple of special physical contact situations that should be highlighted, including discipline. While the Texas Education Code provides broad immunity from civil liability to professional employees, there is no immunity in circumstances in which the employee is negligent or uses excessive force in the discipline of a student and the student is injured. Thus, if you work in a school district that allows for corporal punishment, it would be prudent to leave the actual punishment to the administration. (While it does not involve physical contact, it should be noted that coaches and teachers should not require excessive physical exercise as a form of discipline as it can lead to the imposition of liability if a student suffers injuries.)
Sometimes teachers find themselves facing criminal charges for contact with a child, usually filed by parents. Typical examples would include a teacher breaking up a fight at school or grabbing a student’s arm to prevent him from leaving a classroom. Depending on the facts, the Texas Penal Code may provide some protection. Under the code, teachers are justified in using reasonable force if they reasonably believe it is necessary to control a child or maintain discipline in a group. This law has been on the books since 1879 and is intended to provide teachers with a defense to charges, not a license for the use of physical force.
Finally, TEA recently adopted new rules for the use of physical restraint in dealing with special education students.
Under the rules, a school employee may use restraint, defined as “the use of physical force or a mechanical device to restrict the free movement of all or a portion of the student’s body,” only in emergency situations. “Emergency” means situations in which a student’s behavior poses a threat of “imminent, serious physical harm to the student or others” or “imminent, serious property destruction.”
School districts are required to provide training on the use of restraint to a core team of personnel on each campus by April 1, 2003. After that, anyone called upon to use restraint in an emergency who has not received prior training must receive training within 30 school days. On the day that restraint is used, the employee must notify the campus administrator, either orally or in writing.
For more details on these rules, visit TEA’s Web site at www.tea.state.tx.us/rules.
