Bill Summary – FastDemocracy

   
      88(3) HB 55 - Introduced version - Bill Text
      
		By:  Bucy
            H.B.  No.  55
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to requirements regarding certain behavior management for 
         
            a student enrolled in a special education program of a public 
         
            school.
         
                          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 (d-1) to read as 
         
            follows:
         
                          (d)    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; and
         
                                                              (xii)    whether a mental and physical health 
         
            screening was conducted within a reasonable amount of time after 
         
            the incident by appropriate school officials, including a nurse or 
         
            school counselor, and the results of the screening;
         
                                                  (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);
         
               
Statutes affected: 
Introduced: Education Code 37.0021 (Education Code 37)



	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements regarding certain behavior management for
	a student enrolled in a special education program of a public
	school.
	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 (d-1) to read as
	follows:
	(d) 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; and
	(xii) whether a mental and physical health
	screening was conducted within a reasonable amount of time after
	the incident by appropriate school officials, including a nurse or
	school counselor, and the results of the screening;
	(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);
	Statutes affected: Introduced: Education Code 37.0021 (Education Code 37)