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A BILL TO BE ENTITLED
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AN ACT
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relating to the development and adoption by school districts of |
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local policies to address eloping behavior by students with autism |
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or other intellectual or developmental disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.031 to read as follows: |
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Sec. 29.031. LOCAL POLICY ON ELOPING BEHAVIOR. (a) In this |
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section, "eloping" means the act of leaving a safe or supervised |
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area unexpectedly and without notice, often as a result of a sensory |
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trigger, anxiety, or an inability to communicate effectively. |
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(b) A school district may adopt and implement a local policy |
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to address eloping by a student with autism or another intellectual |
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or developmental disability that emphasizes: |
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(1) behavioral support plans incorporated in the |
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individualized education program developed for the student under |
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Section 29.005 or the plan developed for the student under Section |
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504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); |
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(2) staff training to better understand the causes of |
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eloping, de-escalation techniques, and other effective safety |
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measures; and |
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(3) nonpunitive policies that ensure eloping |
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incidents are not treated as disciplinary infractions. |
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(c) A policy adopted under this section may not treat |
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eloping as intentionally absconding or fleeing for an unlawful |
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purpose. |
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(d) Subject to Subsection (c), a school district may |
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collaborate with law enforcement and emergency services agencies to |
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develop protocols for safely recovering students who elope. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 3. 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, 2025. |