87(R) HB 785 - Enrolled version - Bill Text

	H.B.  No.  785

	AN ACT
	relating to behavior improvement plans and behavioral intervention
	plans for certain public school students and notification and
	documentation requirements regarding certain behavior management
	techniques.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 29.005, Education Code, is amended by
	adding Subsection (h) to read as follows:
	(h)    If a behavior improvement plan or a behavioral
	intervention plan is included as part of a student's individualized
	education program under Subsection (g), the committee shall review
	the plan at least annually and more frequently if appropriate to
	address:
	(1)    changes in a student's circumstances that may
	impact the student's behavior, such as:
	(A)    the placement of the student in a different
	educational setting;
	(B)    an increase or persistence in disciplinary
	actions taken regarding the student for similar types of behavioral
	incidents;
	(C)    a pattern of unexcused absences; or
	(D)    an unauthorized unsupervised departure from
	an educational setting; or
	(2)    the safety of the student or others.
	SECTION  2.    Section 37.0021(d), Education Code, is amended
	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; [and]
	(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