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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the physical restraint of or use of |
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chemical irritants or Tasers on certain public school students by |
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peace officers and school security personnel under certain |
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circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0021(b), Education Code, is amended |
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by adding Subdivision (5) to read as follows: |
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(5) "Taser" means a device manufactured, sold, or |
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distributed by Taser International, Incorporated, that is |
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intended, designed, made, or adapted to incapacitate a person by |
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inflicting an electrical charge through the emission of a |
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projectile or conductive stream. The term, for purposes of this |
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section, includes a similar device manufactured, sold, or |
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distributed by another person. |
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SECTION 2. Section 37.0021, Education Code, is amended by |
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amending Subsection (d) and adding Subsection (j) to read as |
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follows: |
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(d) Subject to Subsection (j), the [The] commissioner by |
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rule shall adopt procedures for the use of restraint and time-out by |
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a school district employee or volunteer or an independent |
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contractor of a district in the case of a student with a disability |
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receiving special education services under Subchapter A, Chapter |
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29. A procedure adopted under this subsection must: |
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(1) be consistent with: |
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(A) professionally accepted practices and |
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standards of student discipline and techniques for behavior |
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management; and |
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(B) relevant health and safety standards; |
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(2) identify any discipline management practice or |
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behavior management technique that requires a district employee or |
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volunteer or an independent contractor of a district to be trained |
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before using that practice or technique; and |
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(3) require a school district to: |
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(A) provide written notification to the |
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student's parent or person standing in parental relation to the |
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student for each use of restraint that includes: |
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(i) the name of the student; |
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(ii) the name of the district employee or |
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volunteer or independent contractor of the district who |
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administered the restraint; |
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(iii) the date of the restraint; |
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(iv) the time that the restraint started |
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and ended; |
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(v) the location of the restraint; |
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(vi) the nature of the restraint; |
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(vii) a description of the activity in |
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which the student was engaged immediately preceding the use of the |
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restraint; |
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(viii) the behavior of the student that |
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prompted the restraint; |
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(ix) any efforts made to de-escalate the |
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situation and any alternatives to restraint that were attempted; |
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(x) if the student has a behavior |
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improvement plan or a behavioral intervention plan, whether the |
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plan may need to be revised as a result of the behavior that led to |
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the restraint; and |
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(xi) if the student does not have a behavior |
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improvement plan or a behavioral intervention plan, information on |
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the procedure for the student's parent or person standing in |
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parental relation to the student to request an admission, review, |
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and dismissal committee meeting to discuss the possibility of |
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conducting a functional behavioral assessment of the student and |
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developing a plan for the student; |
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(B) include in a student's special education |
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eligibility school records: |
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(i) a copy of the written notification |
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provided to the student's parent or person standing in parental |
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relation to the student under Paragraph (A); |
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(ii) information on the method by which the |
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written notification was sent to the parent or person; and |
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(iii) the contact information for the |
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parent or person to whom the district sent the notification; and |
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(C) if the student has a behavior improvement |
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plan or behavioral intervention plan, document each use of time-out |
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prompted by a behavior of the student specified in the student's |
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plan, including a description of the behavior that prompted the |
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time-out. |
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(j) A peace officer performing law enforcement duties or |
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school security personnel performing security-related duties on |
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school property or at a school-sponsored or school-related activity |
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may not restrain or use a chemical irritant spray or Taser on a |
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student enrolled in fifth grade or below unless the student poses a |
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serious risk of harm to the student or another person. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |