BILL ANALYSIS

C.S.H.B. 3867

By: Bucy

Youth Health & Safety, Select

Committee Report (Substituted)

BACKGROUND AND PURPOSE

When students pose a threat to themselves or others, it may become necessary for school personnel to use restraint as a means of safely de-escalating an emergency situation. Texas law currently provides for the use of restraints only by appropriately trained school personnel and for parents to be notified by school administration for each incident of restraint or seclusion of their student. However, there are currently no requirements in statute for an evaluation of the student's well-being after an incident of restraint. C.S.H.B. 3867 seeks to address this issue by providing for school districts to conduct a mental and physical health wellness check after each incident of restraint of a student enrolled in a special education program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3867 amends the Education Code to expand the requirements of the procedure adopted by the commissioner of education regarding the use of restraint and time-out by a public 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 to include requiring a district to take the following actions:

· include in the written notification to the student's parent or person standing in parental relation to the student for each use of restraint 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;

· conduct an overall health assessment after an incident of restraint for the purpose of assessing the student's holistic well-being that, as determined by the commissioner, is performed within a reasonable amount of time after the incident and includes evidence-based assessments for the following:

o a mental health screening performed by a school counselor, school psychologist, or similarly qualified district professional; and

o a physical health screening performed by a school nurse or similarly qualified district professional; and

· include in a student's special education eligibility school records a copy of the mental and physical health screening and the results of the screening.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3867 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a specification absent from the introduced that the statement of whether a mental and physical health screening was conducted after the use of a restraint that must be included in the requisite notification is a statement of whether such a screening was conducted within a reasonable amount of time after the restraint incident.

Whereas the introduced required procedures adopted by the commissioner for the use of restraints to require a district to conduct a mental health screening performed by the school counselor and a physical health screening performed by the school nurse with the goal of assessing the well-being of the student after each incident of restraint, the substitute requires those procedures to require a district to conduct an overall mental health screening assessment within a reasonable amount of time after such an incident for the purpose of assessing the student's holistic well-being that includes evidence-based assessments for the mental and physical health screenings.