Bill Summary – FastDemocracy

   
      88(R) SB 133 - Enrolled version - Bill Text
      
            S.B.  No.  133
         
               AN ACT
            
            relating to prohibiting the physical restraint of or use of 
         
            chemical irritants or Tasers on certain public school students by 
         
            peace officers and school security personnel under certain 
         
            circumstances.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 37.0021(b), Education Code, is amended 
         
            by adding Subdivision (5) to read as follows:
         
                                      (5)    "Taser" means a device manufactured, sold, or 
         
            distributed by Taser International, Incorporated, that is 
         
            intended, designed, made, or adapted to incapacitate a person by 
         
            inflicting an electrical charge through the emission of a 
         
            projectile or conductive stream. The term, for purposes of this 
         
            section, includes a similar device manufactured, sold, or 
         
            distributed by another person.
         
                          SECTION  2.    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 
         
Statutes affected: 
Introduced: Education Code 37.0021 (Education Code 37)
Senate Committee Report: Education Code 37.0021 (Education Code 37)
Engrossed: Education Code 37.0021 (Education Code 37)
House Committee Report: Education Code 37.0021 (Education Code 37)
Enrolled: Education Code 37.0021 (Education Code 37)




	AN ACT
	relating to prohibiting the physical restraint of or use of
	chemical irritants or Tasers on certain public school students by
	peace officers and school security personnel under certain
	circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 37.0021(b), Education Code, is amended
	by adding Subdivision (5) to read as follows:
	(5) "Taser" means a device manufactured, sold, or
	distributed by Taser International, Incorporated, that is
	intended, designed, made, or adapted to incapacitate a person by
	inflicting an electrical charge through the emission of a
	projectile or conductive stream. The term, for purposes of this
	section, includes a similar device manufactured, sold, or
	distributed by another person.
	SECTION 2. 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
Statutes affected: Introduced: Education Code 37.0021 (Education Code 37) Senate Committee Report: Education Code 37.0021 (Education Code 37) Engrossed: Education Code 37.0021 (Education Code 37) House Committee Report: Education Code 37.0021 (Education Code 37) Enrolled: Education Code 37.0021 (Education Code 37)