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A BILL TO BE ENTITLED
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AN ACT
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relating to positive behavioral interventions and supports for |
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students enrolled in public school who receive special education |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.451(d), Education Code, is amended to |
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read as follows: |
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(d) The staff development: |
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(1) may include training in: |
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(A) technology; |
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(B) conflict resolution; |
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(C) discipline strategies, including positive |
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behavioral intervention and supports strategies, classroom |
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management, district discipline policies, and the student code of |
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conduct adopted under Section 37.001 and Chapter 37; and |
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(D) protecting students from bullying, including |
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preventing, identifying, responding to, and reporting incidents of |
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bullying; [and] |
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(2) subject to Subsection (e) and to Section 21.3541 |
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and rules adopted under that section, must include training based |
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on scientifically based research, as defined by Section 9101, No |
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Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education; and |
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(3) must include training to ensure that adequately |
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trained school district personnel are available to work effectively |
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with the positive behavioral intervention and support needs of |
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students eligible for the district special education program. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.021 to read as follows: |
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Sec. 29.021. POSITIVE BEHAVIORAL INTERVENTIONS AND |
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SUPPORTS. (a) In this section: |
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(1) "Behavior specialist professional" includes: |
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(A) a behavior analyst certified by the Behavior |
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Analyst Certification Board; |
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(B) a clinical psychologist; |
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(C) a licensed specialist in school psychology; |
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or |
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(D) any other special education professional, |
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appropriately certified as determined by the commissioner, with |
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experience, knowledge, and training in conducting a functional |
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behavioral assessment and developing a positive behavioral |
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intervention plan for a student whose behavior interferes with the |
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ability of that student or another student to learn. |
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(2) "Licensed specialist in school psychology" has the |
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meaning assigned by Section 501.002, Occupations Code. |
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(3) "Restraint," "seclusion," and "time-out" have the |
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meanings assigned by Section 37.0021. |
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(b) It is the policy of this state that each school district |
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to the maximum extent possible should provide functional behavioral |
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assessments to a student whose behavior interferes with the ability |
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of that student or of another student to learn. The result of |
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student assessments shall be used to develop and provide positive |
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behavioral interventions and supports and other strategies to |
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enhance academic and social behavioral outcomes for students by: |
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(1) emphasizing the use of data to inform decisions |
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regarding selecting, implementing, and monitoring the progress of |
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evidence-based behavioral practices; |
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(2) organizing resources and systems to improve the |
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faithful implementation and sustainability of positive behavioral |
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interventions and supports strategies; and |
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(3) providing training in the use of restraint in |
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accordance with Subsection (c). |
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(c) Training in the use of restraint provided as required |
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under Subsection (b)(3) must: |
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(1) ensure that a core team of personnel at each |
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campus, including a campus administrator or the administrator's |
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designee and any general or special education personnel likely to |
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use restraint, are trained in the use of restraint; |
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(2) ensure that any other personnel called on to use |
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restraint are trained in the use of restraint; |
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(3) ensure that any personnel called on to use |
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restraint in an emergency situation that have not been previously |
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trained receive training not later than the 30th day after the date |
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restraint was used; |
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(4) include training in: |
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(A) prevention techniques; |
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(B) de-escalation techniques; and |
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(C) alternatives to the use of restraint; and |
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(5) include instruction in current professionally |
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accepted practices and standards regarding behavior management and |
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the use of restraint. |
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(d) A school district shall provide positive behavioral |
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interventions and supports and related strategies under this |
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section in a manner that: |
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(1) ensures a student's freedom from restraint and |
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seclusion except as provided by Section 37.0021 and rules adopted |
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by the commissioner under that section; |
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(2) respects human dignity and personal privacy and |
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does not cause pain or trauma to a student; and |
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(3) ensures a student's right to placement in the least |
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restrictive educational environment. |
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(e) In the case of a student enrolled in a special education |
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program under this subchapter, a school district may use restraint |
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and time-out only as provided by Section 37.0021 and rules adopted |
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by the commissioner under that section. |
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(f) A school district may not use restraint as a substitute |
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for or as part of a behavioral intervention plan developed under |
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Section 29.005(g). |
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(g) Each behavioral emergency restraint report prepared as |
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provided by Section 37.0021(d)(3) shall be reviewed by the |
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principal of the school or the principal's designee and the |
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district administrator designated for that purpose as provided by |
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Section 37.0021(d)(4)(A) to: |
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(1) determine whether: |
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(A) restraint was repeatedly used for an |
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individual student; or |
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(B) restraint was used multiple times in the same |
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classroom or by the same individual; and |
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(2) recommend a meeting of a student's admission, |
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review, and dismissal committee to, as appropriate: |
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(A) revise strategies to enhance academic and |
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social behavioral outcomes for a student; |
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(B) conduct an updated functional behavioral |
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assessment; or |
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(C) revise a behavioral intervention plan to |
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address behavior that poses imminent danger of serious physical |
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harm to a student or another person in accordance with the |
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requirements of 34 C.F.R. Section 300.324 relating to the revision |
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of the individualized education program to address a lack of |
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expected progress. |
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(h) The student's admission, review, and dismissal |
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committee shall review any behavioral emergency restraint report |
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prepared under Section 37.0021(d)(3) concerning the student and: |
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(1) consider the impact of the student's behavior on |
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the ability of that student or another student to learn; and |
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(2) determine the need to create or revise a |
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behavioral intervention plan. |
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(i) If the student's admission, review, and dismissal |
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committee determines that the creation or revision of a behavioral |
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intervention plan is necessary, the committee shall create or |
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revise the plan and determine the need for school district |
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personnel who will implement the plan to participate in training by |
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a behavior specialist professional. The committee shall monitor |
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the implementation and results of the plan and determine the need |
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for any revision of the plan or any additional training for school |
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personnel. |
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SECTION 3. Section 37.0021, Education Code, is amended by |
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amending Subsection (d) and adding Subsections (d-1), (d-2), (d-3), |
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(d-4), and (d-5) to read as follows: |
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(d) Restraint may be used in the case of a student with a |
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disability receiving special education services under Subchapter |
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A, Chapter 29, only in circumstances involving imminent serious |
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physical harm to the student or another person. 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; [and] |
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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; |
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(3) require a school that has used restraint for a |
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student to prepare a behavioral emergency restraint report |
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concerning the use of restraint not later than the third school day |
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after the date of the incident; |
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(4) require the principal of a school that has used |
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restraint for a student to: |
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(A) submit a copy of the report prepared under |
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Subdivision (3) for review to a district administrator designated |
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by the district superintendent as the responsible official for that |
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purpose; and |
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(B) maintain a copy of the report in the |
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student's eligibility folder; |
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(5) require the report prepared under Subdivision (3) |
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to include: |
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(A) the name, age, gender, race or ethnicity, and |
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grade level of the student; |
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(B) the date and the beginning and ending time of |
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the restraint; |
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(C) the location and setting of the restraint; |
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(D) the name of district personnel or any other |
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person who was involved in or administered the restraint; |
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(E) a description of the incident and the |
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precipitating factors, including the activity in which the student |
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was engaged immediately preceding the use of restraint and the |
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behavior that prompted the restraint; |
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(F) the specific nature or type of restraint |
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used; |
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(G) a statement indicating whether the student |
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currently has a behavioral intervention plan and identifying any |
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efforts made to de-escalate the situation and any alternatives to |
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the use of restraint that were attempted; |
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(H) details of any injury sustained by the |
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student or another person as a result of the incident and any |
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medical care provided; and |
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(I) information documenting parent contact and |
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notification; |
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(6) require the school that has used restraint for a |
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student to: |
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(A) not later than the end of the school day on |
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which the school used restraint, notify the parent or person |
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standing in parental relation to the student regarding the use of |
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the restraint; and |
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(B) not later than the third school day after the |
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date on which the school used restraint, provide a copy of the |
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report prepared under Subdivision (3) to the parent or person |
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standing in parental relation to the student; |
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(7) require the student's admission, review, and |
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dismissal committee to: |
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(A) collect information regarding the use of |
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time-out in connection with the student's individualized education |
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program; and |
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(B) evaluate the information to determine: |
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(i) the effectiveness of the use of |
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time-out; and |
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(ii) whether the use of time-out should be |
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continued; and |
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(8) if the student is subjected to an intervention |
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described by Subsection (d-3), require the district to provide |
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notice to the parent or person standing in parental relation to the |
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student regarding that intervention not later than the end of the |
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school day on which the student was subjected to the intervention. |
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(d-1) In adopting procedures under Subsection (d), the |
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commissioner shall include a procedure relating to the |
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administration of restraint that immobilizes a student on the |
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floor. The procedure shall require a school district employee or |
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volunteer or an independent contractor of a school district who |
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administers an authorized restraint to a student who becomes prone |
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or supine during the restraint to immediately transition the |
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student to an appropriate position. |
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(d-2) The behavioral emergency restraint report required |
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under Subsection (d)(3) may not duplicate existing reporting |
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requirements imposed by commissioner rule or required to be |
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submitted through the Public Education Information Management |
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System (PEIMS). |
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(d-3) A school district or a school district employee or |
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volunteer or an independent contractor of a school district may not |
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authorize, order, consent to, or pay for any of the following: |
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(1) an intervention that is designed to or likely to |
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cause physical pain, including electric shock or any procedure that |
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involves the use of pressure points or joint locks; |
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(2) an intervention that involves the directed release |
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of a noxious, toxic, or otherwise unpleasant spray, mist, or |
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substance near the student's face; |
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(3) an intervention that denies adequate sleep, air, |
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food, water, shelter, bedding, physical comfort, or access to a |
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restroom facility; |
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(4) an intervention that involves subjecting the |
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student to verbal abuse, ridicule, or humiliation or that can be |
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expected to cause the student emotional trauma; |
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(5) a restrictive intervention that employs a device, |
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material, or object that simultaneously immobilizes all four |
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extremities, including any procedure that results in such |
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immobilization known as prone or supine floor restraint; |
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(6) an intervention that impairs the student's |
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breathing, including any procedure that involves: |
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(A) applying pressure to the student's torso or |
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neck; or |
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(B) obstructing the student's airway, including |
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placing an object in, on, or over the student's mouth or nose or |
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placing a bag, cover, or mask over the student's face; |
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(7) an intervention that restricts the student's |
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circulation; |
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(8) an intervention that secures the student to a |
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stationary object while the student is in a sitting or standing |
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position; |
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(9) an intervention that inhibits, reduces, or hinders |
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the student's ability to communicate; |
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(10) an intervention that involves the use of a |
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chemical restraint; |
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(11) an intervention that prevents observation by a |
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direct line of sight or otherwise precludes adequate supervision of |
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the student, including isolating the student in a classroom by the |
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use of physical barriers; or |
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(12) an intervention that deprives the student of the |
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use of one or more of the student's senses. |
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(d-4) For purposes of Subsection (d-3)(11), an intervention |
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that denies the student academic instruction by a certified |
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educator constitutes an intervention that precludes adequate |
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supervision. |
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(d-5) In adopting procedures under this section, the |
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commissioner shall provide guidance to school district employees, |
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volunteers, and independent contractors of school districts in |
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avoiding a violation of Subsection (d-3). |
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SECTION 4. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 5. 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, 2015. |