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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements regarding certain behavior management for |
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a student enrolled in a special education program of a public |
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school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0021, Education Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) Subject to Subsection (j), the commissioner by rule |
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shall adopt procedures for the use of restraint and time-out by a |
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school district employee or volunteer or an independent contractor |
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of a district in the case of a student with a disability receiving |
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special education services under Subchapter A, Chapter 29. A |
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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; and |
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(xii) whether a mental and physical health |
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screening described by Subsection (d-1) was conducted within a |
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reasonable amount of time after the incident by appropriate school |
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officials, including a nurse or school counselor, and the results |
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of the screening; |
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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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(iv) a copy of the mental and physical |
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health screening described by Subsection (d-1) and the results of |
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the screening; 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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(d-1) A procedure adopted by the commissioner under |
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Subsection (d) must require a school district after an incident of |
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the use of restraint to conduct an overall health assessment for the |
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purpose of assessing the student's holistic well-being that: |
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(1) includes evidence-based assessments, as |
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determined by the commissioner, for a: |
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(A) mental health screening performed by a school |
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counselor, school psychologist, or similarly qualified district |
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professional; and |
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(B) physical health screening performed by a |
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school nurse or similarly qualified district professional; and |
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(2) is performed within a reasonable amount of time |
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after the incident, as determined by the commissioner. |
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SECTION 2. 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, 2025. |