Question: 1. Student Failed to Prove That the ***, 2012, Restraint Was Inappropriate or Unlawful. 19 TEX. ADMIN. CODE 89.1053(b)(2) defines restraint as the use of
1. Student Failed to Prove That the ***, 2012, Restraint Was Inappropriate or Unlawful. 19 TEX. ADMIN. CODE 89.1053(b)(2) defines "restraint" as "the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of the student's body." Restraints are authorized for use in an emergency, which is defined as "a situation in which a student's behavior poses a threat of (A) imminent, serious physical harm to the student or others; or (B) imminent, serious property destruction." 19 TEX. ADMIN. CODE 89.1053(b)(1). Student's Parent testified that she witnessed the ***, 2012, restraint. She testified that she observed the Principal standing over Student, who was lying face down on the floor. She testified that in addition to standing over the Student, the Principal was also holding student by student's hands and feet. She testified that Student told her that before she witnessed the restraint, the Principal had "hogtied" student. YISD staff contradicted this testimony. YISD staff testified that the Principal never restrained Student, let alone "hogtied" student. They testified that it was Student's teacher who restrained student with the aid of another staff member. They testified that Student was restrained for hitting and kicking other students. They testified that Student was never in danger of injury and that the red mark on student's face was declared by the nurse to be inconsequential. They testified that if Stud
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