By: Allen, et al. (Senate Sponsor - Zaffirini) H.B. No. 785
         (In the Senate - Received from the House April 8, 2021;
  April 12, 2021, read first time and referred to Committee on
  Education; May 10, 2021, reported favorably by the following vote:  
  Yeas 11, Nays 0; May 10, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to behavior improvement plans and behavioral intervention
  plans for certain public school students and notification and
  documentation requirements regarding certain behavior management
  techniques.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.005, Education Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  If a behavior improvement plan or a behavioral
  intervention plan is included as part of a student's individualized
  education program under Subsection (g), the committee shall review
  the plan at least annually and more frequently if appropriate to
  address:
               (1)  changes in a student's circumstances that may
  impact the student's behavior, such as:
                     (A)  the placement of the student in a different
  educational setting;
                     (B)  an increase or persistence in disciplinary
  actions taken regarding the student for similar types of behavioral
  incidents;
                     (C)  a pattern of unexcused absences; or
                     (D)  an unauthorized unsupervised departure from
  an educational setting; or
               (2)  the safety of the student or others.
         SECTION 2.  Section 37.0021(d), Education Code, is amended
  to read as follows:
         (d)  The commissioner by rule shall adopt procedures for the
  use of restraint and time-out by a school district employee or
  volunteer or an independent contractor of a district in the case of
  a student with a disability receiving special education services
  under Subchapter A, Chapter 29. A procedure adopted under this
  subsection must:
               (1)  be consistent with:
                     (A)  professionally accepted practices and
  standards of student discipline and techniques for behavior
  management; and
                     (B)  relevant health and safety standards; [and]
               (2)  identify any discipline management practice or
  behavior management technique that requires a district employee or
  volunteer or an independent contractor of a district to be trained
  before using that practice or technique; and
               (3)  require a school district to:
                     (A)  provide written notification to the
  student's parent or person standing in parental relation to the
  student for each use of restraint that includes:
                           (i)  the name of the student;
                           (ii)  the name of the district employee or
  volunteer or independent contractor of the district who
  administered the restraint;
                           (iii)  the date of the restraint;
                           (iv)  the time that the restraint started
  and ended;
                           (v)  the location of the restraint;
                           (vi)  the nature of the restraint;
                           (vii)  a description of the activity in
  which the student was engaged immediately preceding the use of the
  restraint;
                           (viii)  the behavior of the student that
  prompted the restraint;
                           (ix)  any efforts made to de-escalate the
  situation and any alternatives to restraint that were attempted;
                           (x)  if the student has a behavior
  improvement plan or a behavioral intervention plan, whether the
  plan may need to be revised as a result of the behavior that led to
  the restraint; and
                           (xi)  if the student does not have a behavior
  improvement plan or a behavioral intervention plan, information on
  the procedure for the student's parent or person standing in
  parental relation to the student to request an admission, review,
  and dismissal committee meeting to discuss the possibility of
  conducting a functional behavioral assessment of the student and
  developing a plan for the student;
                     (B)  include in a student's special education
  eligibility school records:
                           (i)  a copy of the written notification
  provided to the student's parent or person standing in parental
  relation to the student under Paragraph (A);
                           (ii)  information on the method by which the
  written notification was sent to the parent or person; and
                           (iii)  the contact information for the
  parent or person to whom the district sent the notification; and
                     (C)  if the student has a behavior improvement
  plan or behavioral intervention plan, document each use of time-out
  prompted by a behavior of the student specified in the student's
  plan, including a description of the behavior that prompted the
  time-out.
         SECTION 3.  Section 37.004, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  If a school district takes a disciplinary action
  regarding a student with a disability who receives special
  education services that constitutes a change in placement under
  federal law, the district shall:
               (1)  not later than the 10th school day after the change
  in placement:
                     (A)  seek consent from the student's parent or
  person standing in parental relation to the student to conduct a
  functional behavioral assessment of the student, if a functional
  behavioral assessment has never been conducted on the student or
  the student's most recent functional behavioral assessment is more
  than one year old; and
                     (B)  review any previously conducted functional
  behavioral assessment of the student and any behavior improvement
  plan or behavioral intervention plan developed for the student
  based on that assessment; and
               (2)  as necessary:
                     (A)  develop a behavior improvement plan or
  behavioral intervention plan for the student if the student does
  not have a plan; or
                     (B)  if the student has a behavior improvement
  plan or behavioral intervention plan, revise the student's plan.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  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, 2021.
 
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