88R19852 DIO-D
 
  By: Hull, González of El Paso, Cain, Moody, H.B. No. 459
      Lozano, et al.
 
  Substitute the following for H.B. No. 459:
 
  By:  Landgraf C.S.H.B. No. 459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the use of certain restraints or chemical
  irritants on certain public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.0021, Education Code, is amended by
  amending Subsection (d) and adding Subsection (j) to read as
  follows:
         (d)  Subject to Subsection (j), the [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;
               (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; and
               (4)  prohibit a district employee or volunteer or an
  independent contractor of a district from using any variation of a
  restraint or other technique that results in full body
  immobilization of the student in a prone or supine position on the
  floor or ground.
         (j)  A peace officer performing law enforcement duties or
  school security personnel performing security-related duties on
  school property or at a school-sponsored or school-related activity
  may not restrain or use a chemical irritant spray on a student 10
  years of age or younger unless the student poses an imminent risk of
  harm to the student or another person.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the commissioner of education in consultation with the
  continuing advisory committee established under Section 29.006,
  Education Code, shall adopt rules as necessary to implement Section
  37.0021, Education Code, as amended by this Act, including rules to
  provide any required definitions of terms.
         SECTION 3.  This Act applies beginning with the 2023-2024
  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, 2023.