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A BILL TO BE ENTITLED
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AN ACT
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relating to positive behavior plans of school districts, |
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development of positive behavior best practices by the Texas |
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Education Agency, and reporting of disproportionate discretionary |
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disciplinary action by school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 11, Education Code, is |
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amended by adding Section 11.2521 to read as follows: |
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Sec. 11.2521. DISTRICT POSITIVE BEHAVIOR PLAN. (a) A |
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school district may adopt a district positive behavior plan to |
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promote learning, improve school safety, and identify strategies to |
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support students in developing and exhibiting positive behavior. A |
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positive behavior plan must: |
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(1) include measurable district performance |
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objectives to determine if the district is successfully meeting |
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goals established under the plan; |
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(2) use an age-appropriate and research-based |
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approach to identify and support the behavioral needs of students; |
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(3) be developed with input from stakeholders, |
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including school district employees, parents, students, and |
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community members; |
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(4) complement the individualized education plans of |
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any district students receiving special education services under |
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Subchapter A, Chapter 29; |
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(5) provide evidence-based models for positive |
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behavior; |
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(6) provide alternative disciplinary courses of |
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action that do not rely on the use of in-school suspension, |
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out-of-school suspension, or placement in a disciplinary |
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alternative education program to manage student behavior; |
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(7) detail the use of exclusionary disciplinary |
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actions, including in-school suspension, out-of-school suspension, |
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or placement in a disciplinary alternative education program; |
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(8) provide positive behavior management strategies, |
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including: |
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(A) positive behavioral intervention and |
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support; |
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(B) trauma-informed practices; |
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(C) social and emotional learning; |
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(D) referral for services, if necessary; and |
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(E) restorative practices; and |
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(9) include a list of resources necessary to implement |
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the plan. |
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(b) On the request of a school district, the agency shall |
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provide a resource included on the positive behavior best practices |
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list under Section 37.0017 to the district if the resource is |
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included in the district's positive behavior plan. The agency may |
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not charge a district for any resource provided under this section. |
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(c) A plan adopted under this section satisfies a district's |
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requirement to develop strategies to improve discipline management |
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in the district improvement plan under Section 11.252. |
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SECTION 2. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0017 to read as follows: |
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Sec. 37.0017. POSITIVE BEHAVIOR BEST PRACTICES LIST. (a) |
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The agency, in coordination with the Health and Human Services |
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Commission, shall provide and annually update a list of recommended |
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best practices relating to school discipline and models of positive |
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behavior, including methods to: |
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(1) ensure schools do not take discretionary |
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disciplinary action against a disproportionate number of students: |
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(A) of a particular race; |
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(B) who are enrolled in a special education |
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program under Subchapter A, Chapter 29; or |
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(C) who receive accommodations or services under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); |
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(2) identify underlying causes of disruptive |
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behaviors; |
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(3) promote person-centered approaches to behavior |
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management; |
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(4) minimize the use of exclusionary disciplinary |
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actions; |
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(5) promote a positive school climate; |
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(6) develop, implement, and revise evidence-based |
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behavior intervention plans; and |
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(7) improve the general health and safety of students. |
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(b) The list developed under Subsection (a) must also |
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include training materials and other resources on: |
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(1) positive behavioral intervention and support; |
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(2) trauma-informed practices; |
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(3) social and emotional learning; |
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(4) promoting a positive school climate; and |
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(5) restorative practices. |
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(c) In developing the list, the agency may collaborate with: |
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(1) educators; |
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(2) community member organizations; |
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(3) institutions of higher education; |
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(4) the Texas School Safety Center; |
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(5) education service centers; and |
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(6) the Center for Elimination of Disproportionality |
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and Disparities. |
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(d) The list developed under Subsection (a) must be posted |
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on the agency's Internet website and on the Internet website of each |
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regional education service center. |
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(e) In updating the list developed under Subsection (a), the |
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agency shall incorporate data collected from school districts that |
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have adopted positive behavior plans under Section 11.2521. |
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SECTION 3. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0201 to read as follows: |
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Sec. 37.0201. POSITIVE BEHAVIOR PLAN: DISPROPORTIONATE |
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DISCRETIONARY DISCIPLINARY ACTION. (a) In this section, |
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"discretionary disciplinary action" means any disciplinary action |
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taken by a school district that is allowed but not required under |
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this chapter or the district's student code of conduct. |
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(b) The agency shall evaluate information reported through |
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the Public Education Information Management System (PEIMS) to |
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determine whether a school district appears to be taking |
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discretionary disciplinary action, including suspension, |
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expulsion, placement in a disciplinary alternative education |
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program or juvenile justice alternative education program, or any |
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other disciplinary action reported through PEIMS, against a |
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disproportionate number of students: |
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(1) of a particular race; |
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(2) who are enrolled in a special education program |
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under Subchapter A, Chapter 29; or |
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(3) who receive accommodations or services under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
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(c) On determining that a school district is taking |
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discretionary disciplinary action disproportionately, the agency |
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shall: |
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(1) notify the district of the determination; and |
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(2) in the notification include information on the |
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resources available to school districts through the positive |
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behavior best practices list provided under Section 37.0017. |
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(d) A school district determined by the agency to be taking |
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discretionary disciplinary action disproportionately for three |
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consecutive years shall develop, adopt, and implement a positive |
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behavior plan under Section 11.2521. The district's plan must |
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include strategies to reduce disproportionality in the application |
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of discretionary disciplinary action. |
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SECTION 4. This Act applies beginning with the 2019-2020 |
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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, 2019. |