The bill, H.B. No. 409, amends Section 37.0021 of the Education Code to establish new requirements for behavior management concerning students enrolled in special education programs in public schools. It mandates that the commissioner adopt procedures for the use of restraint and time-out by school district employees, volunteers, or independent contractors. These procedures must align with accepted practices and health standards, identify necessary training for staff, and require written notification to parents for each instance of restraint. The notification must include detailed information about the incident, including the nature of the restraint and any prior attempts to de-escalate the situation. Notably, the bill adds requirements for documenting whether a mental and physical health screening was conducted after the restraint incident.

Additionally, the bill introduces a new subsection (d-1) that requires school districts to conduct a comprehensive health assessment following any use of restraint. This assessment must include both mental and physical health screenings performed by qualified professionals and must be completed within a reasonable timeframe after the incident. The results of these screenings, along with the notification to parents, must be included in the student's special education records. The bill aims to enhance the oversight and accountability of behavior management practices in special education settings, ensuring the well-being of students with disabilities.

Statutes affected:
Introduced: Education Code 37.0021 (Education Code 37)