88R6542 JES-F

By: Bucy H.B. No. 5216

A BILL TO BE ENTITLED

AN ACT

relating to the behavioral management of a student enrolled in a special education program of a school district.

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

SECTION 1. Section 7.028(a), Education Code, is amended to read as follows:

(a) Except as provided by Section 21.006(k), 22.093(l), 22.096, 28.006, 29.001(5), 29.005(k), 29.010(a), 33.006(h), 38.003, or 39.003, the agency may monitor compliance with requirements applicable to a process or program provided by a school district, campus, program, or school granted charters under Chapter 12, including the process described by Subchapter F, Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to ensure:

(1) compliance with federal law and regulations;

(2) financial accountability, including compliance with grant requirements;

(3) data integrity for purposes of:

(A) the Public Education Information Management System (PEIMS); and

(B) accountability under Chapters 39 and 39A; and

(4) qualification for funding under Chapter 48.

SECTION 2. Section 29.005, Education Code, is amended by amending Subsection (g) and adding Subsections (i), (j), and (k) to read as follows:

(g) The commissioner by rule shall require the committee to develop [may determine that] a behavior improvement plan or a behavioral intervention plan under Section 29.0053 if [is] appropriate for a student for whom the committee has developed an individualized education program. If the committee develops a [makes that determination, the] behavior improvement plan or [the] behavioral intervention plan, the plan must [shall] be included as part of the student's individualized education program and provided to each employee of the school district [teacher] with responsibility for educating or monitoring the student.

(i) To the extent permitted by federal law, the rules adopted by the commissioner under Subsection (g) shall require the committee, when developing or determining the appropriateness of a behavior improvement plan or behavioral intervention plan, to include, in addition to the persons under Subsection (a):

(1) a licensed assistant behavior analyst or licensed behavior analyst, as defined by Section 506.002, Occupations Code;

(2) a licensed specialist in school psychology, as defined by Section 501.002, Occupations Code; or

(3) a mental health professional, as defined by Section 61.601, or a teacher certified in special education who has been trained in functional behavior assessment by a licensed behavior analyst, as defined by Section 506.002, Occupations Code.

(j) Before an educator who is a member of the committee participates in conducting a functional behavioral assessment for purposes of developing a behavior improvement plan or behavioral intervention plan for the student, the member must attend training approved by the agency and provided by a licensed assistant behavior analyst or licensed behavior analyst, as defined by Section 506.002, Occupations Code, on appropriate behavioral interventions.

(k) The commissioner by rule shall develop procedures designed to allow the agency to:

(1) audit and monitor school districts to ensure that districts are complying with this section, rules adopted under this section, and Section 29.0053;

(2) identify any difficulties school districts experience in complying with this section, rules adopted under this section, and Section 29.0053; and

(3) develop reasonable and appropriate remedial strategies to address noncompliance by school districts and to ensure the purposes of this section, the rules adopted under this section, and Section 29.0053 are accomplished.

SECTION 3. Subchapter A, Chapter 29, Education Code, is amended by adding Section 29.0053 to read as follows:

Sec. 29.0053. BEHAVIOR IMPROVEMENT PLAN OR BEHAVIORAL INTERVENTION PLAN. (a) A behavior improvement plan or behavioral intervention plan may only be developed for a student who has exhibited consistent and persistent maladaptive behavior and for whom an individualized education program is developed under Section 29.005.

(b) A student's admission, review, and dismissal committee shall conduct a functional behavior assessment over a period of 45 calendar days for the student before developing a behavior improvement plan or behavioral intervention plan. The functional behavior assessment must include:

(1) a review of any medical, academic, and disciplinary records for the student;

(2) interviews with and surveys of the student, the student's parents or legal guardians, the student's teachers, and any other educators with knowledge of the student on relevant subjects, including the motivations and preferences of the student;

(3) an analysis of direct observations of the student in multiple school environments performed by multiple members of the committee no less frequently than once a week and at different times throughout the school day;

(4) a detailed functional analysis of the student's behavior, including a description of the causes and consequences of the behavior;

(5) a summary of the methods used to collect data, the data collected, and the manner in which the data was reviewed;

(6) a description of which of the student's maladaptive behaviors relate to the student's disability or impairment; and

(7) recommendations for the behavior improvement plan or behavioral intervention plan, including possible alternative behaviors, proactive and research-based strategies to address behavior, and any changes to the student's individualized education program that may be required.

(c) A behavior improvement plan or behavioral intervention plan must include specific instruction on the levels of behavioral intervention appropriate for the student, including an explanation of the behaviors constituting a behavioral crisis for the student.

(d) A behavior improvement plan or behavioral intervention plan may not be significantly amended without an updated functional behavior assessment.

(e) A behavior improvement plan or behavioral intervention plan must provide appropriate consequences if the student violates the student code of conduct adopted under Section 37.001.

(f) A behavior improvement plan or behavioral intervention plan must designate members of the student's admission, review, and dismissal committee as a response team for the student to be contacted when the student experiences a behavioral crisis. The response team must respond in an appropriate amount of time to each instance of behavioral crisis for the student.

(g) After responding to a behavioral crisis under Subsection (f), a response team shall document the crisis.

SECTION 4. Section 37.0021, Education Code, is amended by amending Subsection (d) and adding Subsection (j) 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;

(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

(3) provide that:

(A) under this section, only members of an admission, review, and dismissal committee designated as a response team to a student under Section 29.0053(f) may restrain that student; and

(B) a peace officer may not be involved in the behavioral management of a student under this section unless:

(i) requested by a member of the student's admission, review, and dismissal committee; or

(ii) the student poses an imminent threat of serious bodily injury to any person.

(j) The commissioner shall adopt rules requiring each educator and school employee whose primary duty involves regular, direct contact with students to receive training on the behavior improvement plan or behavioral intervention plan for each student the educator or employee has regular, direct contact with and the use of positive behavioral intervention and appropriate behavioral management.

SECTION 5. (a) Not later than December 1, 2023, the commissioner of education shall adopt rules under Sections 29.005 and 37.0021, Education Code, as amended by this Act.

(b) Notwithstanding Section 29.005(j), Education Code, as added by this Act, an educator who is a member of an admission, review, and dismissal committee must complete the training required by Section 29.005(j), Education Code, as added by this Act, not later than September 1, 2024.

(c) Notwithstanding Section 37.0021(j), Education Code, as added by this Act, educators and school employees whose primary duty involves regular, direct contact with students must complete the training required by Section 37.0021(j), Education Code, as added by this Act, not later than September 1, 2024.

SECTION 6. This Act applies beginning with the 2023-2024 school year.

SECTION 7. 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.