88R19852 DIO-D
	By: Hull, Gonz lez of El Paso, Cain, Moody,	H.B. No. 459
	Lozano, et al.
	Substitute the following for H.B. No. 459:
	By:  Landgraf	C.S.H.B. No. 459

Statutes affected:
Introduced: Education Code 37.0021 (Education Code 37)
House Committee Report: Education Code 37.0021 (Education Code 37)

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting the use of certain restraints or chemical
	irritants on certain public school students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 37.0021, Education Code, is amended by
	amending Subsection (d) and adding Subsection (j) to read as
	follows:
	(d)  Subject to Subsection (j), the [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, Chapter
	29.  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