82R7833 PAM-F

By: Walle H.B. No. 1340

A BILL TO BE ENTITLED

AN ACT

relating to the use of positive behavioral interventions and supports in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 2, Education Code, is amended by adding Chapter 10 to read as follows:

CHAPTER 10. STATE PLAN FOR STATEWIDE POSITIVE BEHAVIORAL

INTERVENTIONS AND SUPPORTS

Sec. 10.001. STATEWIDE POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS LEADERSHIP TEAM. In this chapter, "leadership team" means the Statewide Positive Behavioral Interventions and Supports Leadership Team.

Sec. 10.002. PURPOSES OF LEADERSHIP TEAM. (a) The leadership team is established to:

(1) provide leadership related to assessing, developing, implementing, managing, and evaluating a statewide schoolwide system of positive behavioral interventions and supports for students;

(2) align policies and resources of appropriate state agencies to support:

(A) the local implementation of statewide schoolwide positive behavioral interventions and supports; and

(B) state-level activities for coordination of training, coaching, and evaluation related to implementation of the statewide schoolwide positive behavioral interventions and supports;

(3) develop and implement a statewide plan, including an infrastructure, that provides a framework for the adoption and implementation of positive behavioral interventions and supports in school districts using a continuum of research-based interventions to achieve academically and behaviorally significant outcomes for all students; and

(4) identify funding available for school districts to use in implementing statewide schoolwide positive behavioral interventions and supports.

(b) To the greatest extent possible, the leadership team shall strive toward integration of entities that have, and resources intended for, a common behavior-related mission.

Sec. 10.003. COMPOSITION OF LEADERSHIP TEAM. (a) The leadership team is composed of:

(1) at least four representatives from the agency, including representation of the divisions responsible for:

(A) curriculum and instruction;

(B) general education programs;

(C) special education programs;

(D) alternative education programs;

(E) dropout prevention initiatives;

(F) safe and drug-free school programs;

(G) student health services, including counseling and mental health services;

(H) data development, analysis, and research and statewide data initiatives; and

(I) information analysis;

(2) representatives from at least four independent school districts that vary in the number of students enrolled and are geographically diverse, two of which are implementing schoolwide positive behavioral interventions and supports and two of which are not implementing schoolwide positive behavioral interventions and supports;

(3) representatives from at least three regional education service centers that are geographically diverse, including the service center that provides statewide leadership for the Texas Behavior Support network;

(4) at least two representatives from the Department of State Health Services, including representation of divisions responsible for mental health and substance abuse, child and adolescent services, and school health programs;

(5) representatives from at least two institutions of higher education with expertise in schoolwide positive behavioral interventions and supports;

(6) one representative from the Texas Integrated Funding Initiative of the Office of Program Coordination for Children and Youth of the Health and Human Services Commission;

(7) one representative from the Texas Collaborative for Emotional Development in Schools project of the agency's Division of IDEA Coordination;

(8) one representative from the Texas Juvenile Probation Commission;

(9) one representative from the Texas Youth Commission;

(10) at least three persons who are members of a public school student's family, to be appointed by the commissioner of health and human services in consultation with personnel associated with the Texas Integrated Funding Initiative of the Office of Program Coordination for Children and Youth of the Health and Human Services Commission; and

(11) any other positive behavioral interventions and supports experts as determined appropriate by the coordinating entity described by Section 10.005.

(b) The executive director, executive commissioner, or commissioner, as appropriate, of each state agency represented on the leadership team shall appoint each representative for that agency on the leadership team. Except as provided by Subsection (a)(10), the coordinating entity described by Section 10.005 shall appoint representatives for the remaining categories included on the leadership team.

(c) A leadership team member must be an individual who has responsibilities and participates in activities associated with:

(1) preventing the development and occurrence of problem behavior;

(2) developing and maintaining general and specialized behavioral capacity or competence; and

(3) managing and evaluating resources related to providing behavioral supports.

Sec. 10.004. MEMBER TERMS. Leadership team members serve four-year terms.

Sec. 10.005. ADMINISTRATIVE COORDINATION OF LEADERSHIP TEAM. (a) The Office of Program Coordination for Children and Youth of the Health and Human Services Commission shall issue a request for proposals to select an institution of higher education to coordinate and provide administrative support to the leadership team. The institution of higher education selected as the coordinating entity for the leadership team under this section must demonstrate:

(1) expertise in schoolwide positive behavioral interventions and supports;

(2) the ability to evaluate statewide outcomes; and

(3) the ability to successfully partner with state agencies, school districts, and regional education service centers.

(b) The coordinating entity shall use the telecommunications capabilities of the agency or regional education service centers to facilitate participation of leadership team members as necessary.

Sec. 10.006. DUTIES AND RESPONSIBILITIES OF LEADERSHIP TEAM. (a) The leadership team shall:

(1) identify and evaluate existing organizational structures, resources, and initiatives that address the behavioral needs of students across the state that should be enhanced or combined for efficiency;

(2) identify and evaluate, or review any recent evaluations of, programs that provide services to address the behavioral needs of students across the state and provide recommendations for school districts to implement the programs more effectively and at lower costs;

(3) identify state policies that can be aligned to support the local implementation and evaluation of statewide schoolwide positive behavioral interventions and supports;

(4) develop the statewide plan described by Section 10.007;

(5) identify funding resources that can be made available to districts to facilitate implementation of statewide schoolwide positive behavioral interventions and supports with fidelity to a model method or process; and

(6) develop eligibility criteria and a process to determine which districts may receive available funding to implement statewide schoolwide positive behavioral interventions and supports.

(b) For purposes of Subsection (a)(2), the leadership team shall identify and evaluate, or review any recent evaluations of, programs as described by that subdivision, including the following programs:

(1) coordinated health programs under Chapter 38;

(2) the Texas Student Assistance Program Initiative;

(3) the Communities in Schools program under Subchapter E, Chapter 33;

(4) positive behavioral interventions and supports programs, including such programs provided though local mental health authorities;

(5) training programs relating to positive behavioral interventions and supports provided through regional education service centers; and

(6) response to intervention programs.

(c) For purposes of Subsection (a)(6), the leadership team shall develop eligibility criteria to allow school districts that are implementing and that are not implementing schoolwide positive behavioral interventions and supports to apply for funding to implement and administer schoolwide positive behavioral interventions and supports.

Sec. 10.007. STATEWIDE PLAN. (a) The leadership team, after considering comments from the public and with technical assistance from the National Technical Assistance Center on Positive Behavioral Interventions and Supports, shall develop a three- to five-year prevention-based statewide action plan that:

(1) emphasizes coordination and the alignment of resources at the state, regional, and local levels;

(2) provides an organized infrastructure, as described by Subsection (b), to provide assistance to school districts implementing statewide schoolwide positive behavioral interventions and supports;

(3) defines research-based training, curriculum, and professional development practices;

(4) identifies personnel and resources for facilitating, assisting, maintaining, and adapting district implementation efforts for initial training and ongoing implementation support;

(5) establishes guidelines and structure for the training at each infrastructure level as necessary;

(6) identifies campus-based information systems that meet the needs of local decision makers and that provide the type of behavioral data needed for decision making within a positive behavioral interventions and supports framework, including the number of:

(A) referrals to disciplinary alternative education programs;

(B) office discipline referrals each school day for each 100 students;

(C) office discipline referrals by type of problem behavior;

(D) office discipline referrals by campus location;

(E) office discipline referrals by student;

(F) office discipline referrals by staff member; and

(G) student absences;

(7) identifies a mechanism and process to determine:

(A) the extent to which districts are using statewide schoolwide positive behavioral interventions and supports;

(B) the impact of statewide schoolwide positive behavioral interventions and supports on student outcomes;

(C) the extent to which the statewide plan is implemented; and

(D) any other measures considered appropriate by the leadership team;

(8) identifies recurring funding;

(9) provides guidance for policy development and implementation;

(10) provides for the dissemination of information and best practices;

(11) provides for management of public relations;

(12) identifies opportunities for campuses and districts to tailor implementation to best meet the needs of their students;

(13) establishes a recognition system for districts that are implementing statewide schoolwide positive behavioral interventions and supports with fidelity to a model method or process; and

(14) identifies a process to authorize districts that began implementing positive behavioral interventions and supports with fidelity to a model method or process before implementation of the statewide plan and are following a different model than provided under the statewide plan to be eligible for resources, recognition, and support and to continue to document successes and outcomes under a model implemented before the statewide plan was developed.

(b) For purposes of Subsection (a)(2), the statewide plan must:

(1) include defined responsibilities for each level in the infrastructure;

(2) include state, regional, district, and campus infrastructure levels;

(3) provide a definition of each infrastructure level and include a description of:

(A) personnel who would be qualified to be appointed to the leadership team at that level; and

(B) the leadership team member's responsibilities at that level; and

(4) provide leadership team members at the local and regional levels authority to implement statewide schoolwide positive behavioral interventions and supports.

(c) The statewide plan may include strategies to integrate social and emotional learning.

(d) The statewide plan may include opportunities for staff from other child service systems to receive training in statewide schoolwide positive behavioral interventions and supports and other research-based practices demonstrated to support the academic and behavioral success of all students.

Sec. 10.008. COOPERATION WITH OTHER AGENCIES TO IMPLEMENT PLAN. (a) A state agency member of the leadership team may enter into a memorandum of understanding, representing the member's respective state agency, with another state agency, consistent with the authority granted to each respective state agency, to implement any method, process, policy, or recommendation identified or developed through the statewide plan under Section 10.007.

(b) Before a memorandum of understanding is entered into to implement a method, process, policy, or recommendation, the leadership team shall:

(1) identify:

(A) the timeline and proposed outcome of implementing the method, process, policy, or recommendation; and

(B) benchmarks that may be used to measure the success of implementing the method, process, policy, or recommendation; and

(2) assign to each appropriate leadership team member responsibility for entering into the memorandum of understanding.

Sec. 10.009. ADVISORY BODY. The leadership team may convene an advisory body to advise the leadership team on its duties as the leadership team considers necessary. The advisory body must be composed of representatives with concerns related to the prevention of problem behavior and the teaching and encouraging of appropriate social behavior.

Sec. 10.010. REPORT. Not later than October 1 of each even-numbered year, the leadership team shall submit a report to the Council on Children and Families regarding the progress of the statewide plan and the measures of outcomes related to academic and behavioral performance of students attending school districts implementing any method, process, policy, or recommendation identified or developed through the statewide plan.

Sec. 10.011. CONTINUATION OF LEADERSHIP TEAM. After developing and implementing the statewide plan, the leadership team shall make recommendations in a report to the legislature and the governor on the abolition, continuation, or reorganization of the leadership team and on the need for the performance of the functions of the leadership team.

SECTION 2. Not later than October 1, 2012, the Statewide Positive Behavioral Interventions and Supports Leadership Team shall submit a report to the Council on Children and Families regarding the progress of the statewide plan as described by Section 10.007, Education Code, as added by this Act.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2011.

(b) Section 10.010, Education Code, as added by this Act, takes effect September 1, 2014.