84R11807 PAM-F

By: Lucio S.B. No. 1584

A BILL TO BE ENTITLED

AN ACT

relating to positive behavioral interventions and supports for students enrolled in public school who receive special education services.

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

SECTION 1. Subchapter A, Chapter 29, Education Code, is amended by adding Section 29.021 to read as follows:

Sec. 29.021. POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS. (a) In this section:

(1) "Behavior specialist professional" includes a behavior analyst certified by the Behavior Analyst Certification Board, a clinical psychologist, or a licensed specialist in school psychology.

(2) "Licensed specialist in school psychology" has the meaning assigned by Section 501.002, Occupations Code.

(3) "Restraint" and "time-out" have the meanings assigned by Section 37.0021.

(b) It is the policy of this state that each school district to the maximum extent possible should provide functional behavioral assessments to a student whose behavior interferes with the ability of that student or of another student to learn. The result of student assessments shall be used to develop and provide positive behavioral interventions and supports and other strategies to enhance academic and social behavioral outcomes for students by:

(1) emphasizing the use of data to inform decisions regarding selecting, implementing, and monitoring the progress of evidence-based behavioral practices; and

(2) organizing resources and systems to improve the faithful implementation and sustainability of positive behavioral interventions and supports strategies.

(c) A school district shall provide positive behavioral interventions and supports and related strategies under this section in a manner that:

(1) ensures a student's physical freedom and social interaction;

(2) respects human dignity and personal privacy and does not cause pain or trauma to a student; and

(3) ensures a student's right to placement in the least restrictive educational environment.

(d) In the case of a student enrolled in a special education program under this subchapter, a school district may use restraint or time-out as an emergency intervention only if:

(1) preventive or verbal techniques or techniques to de-escalate the situation have been ineffective; and

(2) use of restraint or time-out is immediately necessary to prevent:

(A) imminent probable death or substantial bodily harm to the student because the student is attempting to commit suicide or inflict serious bodily harm; or

(B) imminent physical harm to another person.

(e) A school district may not use restraint or time-out as a substitute for or as part of a behavioral intervention plan developed under Section 29.005(g).

(f) A school district may not use restraint or time-out after the student stops engaging in the behavior described by Subsection (d).

(g) Not later than the end of the school day on which a school district has used restraint or time-out for a student, the district shall notify the student's parent or person standing in parental relation to the student of the use of restraint or time-out and provide the information described by Subsections (h)(1)-(8).

(h) The school district shall complete a behavioral emergency report concerning the use of restraint or time-out and shall maintain the report in the student's eligibility folder and cumulative record. The report must include:

(1) the name, age, and grade level of the student;

(2) the beginning and ending time of the restraint or time-out;

(3) the location and setting of the restraint or time-out;

(4) the name of district personnel or any other person involved in the incident;

(5) a description of the incident, including the precipitating factors;

(6) the specific type of restraint or time-out used;

(7) a statement as to whether the student currently has a behavioral intervention plan;

(8) details of any injury sustained by the student or another person as a result of the incident, including the restraint or time-out, and any medical care provided; and

(9) the time the district notified the parent or person standing in parental relation to the student regarding the use, including details of the use, of the restraint or time-out.

(i) Not later than the third school day after the date of the incident, the principal of the school shall submit a copy of the behavioral emergency report for review to a school district administrator designated by the district superintendent as the responsible official for that purpose.

(j) Subject to the notice requirements for an admission, review, and dismissal committee, the designated responsible official shall schedule a meeting of the student's admission, review, and dismissal committee to occur not later than the 10th school day after the date of the incident. The committee shall determine the need for:

(1) a functional behavioral assessment, regardless of whether a functional behavioral assessment was previously conducted; and

(2) an interim or modified behavioral intervention plan.

(k) If the student's admission, review, and dismissal committee determines that the student needs a functional behavioral assessment, the school district attended by the student shall ensure that the functional behavioral assessment is conducted by a behavior specialist professional. The student's admission, review, and dismissal committee shall review the functional behavioral assessment conducted under this subsection and determine whether individualized positive behavioral interventions and supports need to be included in the student's individualized education program under Section 29.005.

(l) If the student's admission, review, and dismissal committee determines that a behavioral intervention plan or a modified behavioral intervention plan is necessary, the committee shall develop the plan and determine the need for school district personnel who will implement the plan to participate in training with a behavior specialist professional. The committee shall monitor the implementation and results of the plan and determine the need for any modification to the plan or any additional training for school personnel.

SECTION 2. Section 21.451(d), Education Code, is amended to read as follows:

(d) The staff development:

(1) may include training in:

(A) technology;

(B) conflict resolution;

(C) discipline strategies, including positive behavioral intervention and supports strategies, classroom management, district discipline policies, and the student code of conduct adopted under Section 37.001 and Chapter 37; and

(D) protecting students from bullying, including preventing, identifying, responding to, and reporting incidents of bullying; [and]

(2) subject to Subsection (e) and to Section 21.3541 and rules adopted under that section, must include training based on scientifically based research, as defined by Section 9101, No Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that:

(A) relates to instruction of students with disabilities; and

(B) is designed for educators who work primarily outside the area of special education; and

(3) must include training to ensure that adequately trained school district personnel are available to work effectively with the positive behavioral intervention and support needs of students eligible for the district special education program.

SECTION 3. This Act applies beginning with the 2015-2016 school year.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.