82R7833 PAM-F
By: Walle H.B. No. 1340
A BILL TO BE ENTITLED
AN ACT
relating to the use of positive behavioral interventions and
supports in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Education Code, is amended
by adding Chapter 10 to read as follows:
CHAPTER 10. STATE PLAN FOR STATEWIDE POSITIVE BEHAVIORAL
INTERVENTIONS AND SUPPORTS
Sec. 10.001. STATEWIDE POSITIVE BEHAVIORAL INTERVENTIONS
AND SUPPORTS LEADERSHIP TEAM. In this chapter, "leadership team"
means the Statewide Positive Behavioral Interventions and Supports
Leadership Team.
Sec. 10.002. PURPOSES OF LEADERSHIP TEAM. (a) The
leadership team is established to:
(1) provide leadership related to assessing,
developing, implementing, managing, and evaluating a statewide
schoolwide system of positive behavioral interventions and
supports for students;
(2) align policies and resources of appropriate state
agencies to support:
(A) the local implementation of statewide
schoolwide positive behavioral interventions and supports; and
(B) state-level activities for coordination of
training, coaching, and evaluation related to implementation of the
statewide schoolwide positive behavioral interventions and
supports;
(3) develop and implement a statewide plan, including
an infrastructure, that provides a framework for the adoption and
implementation of positive behavioral interventions and supports
in school districts using a continuum of research-based
interventions to achieve academically and behaviorally significant
outcomes for all students; and
(4) identify funding available for school districts to
use in implementing statewide schoolwide positive behavioral
interventions and supports.
(b) To the greatest extent possible, the leadership team
shall strive toward integration of entities that have, and
resources intended for, a common behavior-related mission.
Sec. 10.003. COMPOSITION OF LEADERSHIP TEAM. (a) The
leadership team is composed of:
(1) at least four representatives from the agency,
including representation of the divisions responsible for:
(A) curriculum and instruction;
(B) general education programs;
(C) special education programs;
(D) alternative education programs;
(E) dropout prevention initiatives;
(F) safe and drug-free school programs;
(G) student health services, including
counseling and mental health services;
(H) data development, analysis, and research and
statewide data initiatives; and
(I) information analysis;
(2) representatives from at least four independent
school districts that vary in the number of students enrolled and
are geographically diverse, two of which are implementing
schoolwide positive behavioral interventions and supports and two
of which are not implementing schoolwide positive behavioral
interventions and supports;
(3) representatives from at least three regional
education service centers that are geographically diverse,
including the service center that provides statewide leadership for
the Texas Behavior Support network;
(4) at least two representatives from the Department
of State Health Services, including representation of divisions
responsible for mental health and substance abuse, child and
adolescent services, and school health programs;
(5) representatives from at least two institutions of
higher education with expertise in schoolwide positive behavioral
interventions and supports;
(6) one representative from the Texas Integrated
Funding Initiative of the Office of Program Coordination for
Children and Youth of the Health and Human Services Commission;
(7) one representative from the Texas Collaborative
for Emotional Development in Schools project of the agency's
Division of IDEA Coordination;
(8) one representative from the Texas Juvenile
Probation Commission;
(9) one representative from the Texas Youth
Commission;
(10) at least three persons who are members of a public
school student's family, to be appointed by the commissioner of
health and human services in consultation with personnel associated
with the Texas Integrated Funding Initiative of the Office of
Program Coordination for Children and Youth of the Health and Human
Services Commission; and
(11) any other positive behavioral interventions and
supports experts as determined appropriate by the coordinating
entity described by Section 10.005.
(b) The executive director, executive commissioner, or
commissioner, as appropriate, of each state agency represented on
the leadership team shall appoint each representative for that
agency on the leadership team. Except as provided by Subsection
(a)(10), the coordinating entity described by Section 10.005 shall
appoint representatives for the remaining categories included on
the leadership team.
(c) A leadership team member must be an individual who has
responsibilities and participates in activities associated with:
(1) preventing the development and occurrence of
problem behavior;
(2) developing and maintaining general and
specialized behavioral capacity or competence; and
(3) managing and evaluating resources related to
providing behavioral supports.
Sec. 10.004. MEMBER TERMS. Leadership team members serve
four-year terms.
Sec. 10.005. ADMINISTRATIVE COORDINATION OF LEADERSHIP
TEAM. (a) The Office of Program Coordination for Children and
Youth of the Health and Human Services Commission shall issue a
request for proposals to select an institution of higher education
to coordinate and provide administrative support to the leadership
team. The institution of higher education selected as the
coordinating entity for the leadership team under this section must
demonstrate:
(1) expertise in schoolwide positive behavioral
interventions and supports;
(2) the ability to evaluate statewide outcomes; and
(3) the ability to successfully partner with state
agencies, school districts, and regional education service
centers.
(b) The coordinating entity shall use the
telecommunications capabilities of the agency or regional
education service centers to facilitate participation of
leadership team members as necessary.
Sec. 10.006. DUTIES AND RESPONSIBILITIES OF LEADERSHIP
TEAM. (a) The leadership team shall:
(1) identify and evaluate existing organizational
structures, resources, and initiatives that address the behavioral
needs of students across the state that should be enhanced or
combined for efficiency;
(2) identify and evaluate, or review any recent
evaluations of, programs that provide services to address the
behavioral needs of students across the state and provide
recommendations for school districts to implement the programs more
effectively and at lower costs;
(3) identify state policies that can be aligned to
support the local implementation and evaluation of statewide
schoolwide positive behavioral interventions and supports;
(4) develop the statewide plan described by Section
10.007;
(5) identify funding resources that can be made
available to districts to facilitate implementation of statewide
schoolwide positive behavioral interventions and supports with
fidelity to a model method or process; and
(6) develop eligibility criteria and a process to
determine which districts may receive available funding to
implement statewide schoolwide positive behavioral interventions
and supports.
(b) For purposes of Subsection (a)(2), the leadership team
shall identify and evaluate, or review any recent evaluations of,
programs as described by that subdivision, including the following
programs:
(1) coordinated health programs under Chapter 38;
(2) the Texas Student Assistance Program Initiative;
(3) the Communities in Schools program under
Subchapter E, Chapter 33;
(4) positive behavioral interventions and supports
programs, including such programs provided though local mental
health authorities;
(5) training programs relating to positive behavioral
interventions and supports provided through regional education
service centers; and
(6) response to intervention programs.
(c) For purposes of Subsection (a)(6), the leadership team
shall develop eligibility criteria to allow school districts that
are implementing and that are not implementing schoolwide positive
behavioral interventions and supports to apply for funding to
implement and administer schoolwide positive behavioral
interventions and supports.
Sec. 10.007. STATEWIDE PLAN. (a) The leadership team,
after considering comments from the public and with technical
assistance from the National Technical Assistance Center on
Positive Behavioral Interventions and Supports, shall develop a
three- to five-year prevention-based statewide action plan that:
(1) emphasizes coordination and the alignment of
resources at the state, regional, and local levels;
(2) provides an organized infrastructure, as
described by Subsection (b), to provide assistance to school
districts implementing statewide schoolwide positive behavioral
interventions and supports;
(3) defines research-based training, curriculum, and
professional development practices;
(4) identifies personnel and resources for
facilitating, assisting, maintaining, and adapting district
implementation efforts for initial training and ongoing
implementation support;
(5) establishes guidelines and structure for the
training at each infrastructure level as necessary;
(6) identifies campus-based information systems that
meet the needs of local decision makers and that provide the type of
behavioral data needed for decision making within a positive
behavioral interventions and supports framework, including the
number of:
(A) referrals to disciplinary alternative
education programs;
(B) office discipline referrals each school day
for each 100 students;
(C) office discipline referrals by type of
problem behavior;
(D) office discipline referrals by campus
location;
(E) office discipline referrals by student;
(F) office discipline referrals by staff member;
and
(G) student absences;
(7) identifies a mechanism and process to determine:
(A) the extent to which districts are using
statewide schoolwide positive behavioral interventions and
supports;
(B) the impact of statewide schoolwide positive
behavioral interventions and supports on student outcomes;
(C) the extent to which the statewide plan is
implemented; and
(D) any other measures considered appropriate by
the leadership team;
(8) identifies recurring funding;
(9) provides guidance for policy development and
implementation;
(10) provides for the dissemination of information and
best practices;
(11) provides for management of public relations;
(12) identifies opportunities for campuses and
districts to tailor implementation to best meet the needs of their
students;
(13) establishes a recognition system for districts
that are implementing statewide schoolwide positive behavioral
interventions and supports with fidelity to a model method or
process; and
(14) identifies a process to authorize districts that
began implementing positive behavioral interventions and supports
with fidelity to a model method or process before implementation of
the statewide plan and are following a different model than
provided under the statewide plan to be eligible for resources,
recognition, and support and to continue to document successes and
outcomes under a model implemented before the statewide plan was
developed.
(b) For purposes of Subsection (a)(2), the statewide plan
must:
(1) include defined responsibilities for each level in
the infrastructure;
(2) include state, regional, district, and campus
infrastructure levels;
(3) provide a definition of each infrastructure level
and include a description of:
(A) personnel who would be qualified to be
appointed to the leadership team at that level; and
(B) the leadership team member's
responsibilities at that level; and
(4) provide leadership team members at the local and
regional levels authority to implement statewide schoolwide
positive behavioral interventions and supports.
(c) The statewide plan may include strategies to integrate
social and emotional learning.
(d) The statewide plan may include opportunities for staff
from other child service systems to receive training in statewide
schoolwide positive behavioral interventions and supports and
other research-based practices demonstrated to support the
academic and behavioral success of all students.
Sec. 10.008. COOPERATION WITH OTHER AGENCIES TO IMPLEMENT
PLAN. (a) A state agency member of the leadership team may enter
into a memorandum of understanding, representing the member's
respective state agency, with another state agency, consistent with
the authority granted to each respective state agency, to implement
any method, process, policy, or recommendation identified or
developed through the statewide plan under Section 10.007.
(b) Before a memorandum of understanding is entered into to
implement a method, process, policy, or recommendation, the
leadership team shall:
(1) identify:
(A) the timeline and proposed outcome of
implementing the method, process, policy, or recommendation; and
(B) benchmarks that may be used to measure the
success of implementing the method, process, policy, or
recommendation; and
(2) assign to each appropriate leadership team member
responsibility for entering into the memorandum of understanding.
Sec. 10.009. ADVISORY BODY. The leadership team may
convene an advisory body to advise the leadership team on its duties
as the leadership team considers necessary. The advisory body must
be composed of representatives with concerns related to the
prevention of problem behavior and the teaching and encouraging of
appropriate social behavior.
Sec. 10.010. REPORT. Not later than October 1 of each
even-numbered year, the leadership team shall submit a report to
the Council on Children and Families regarding the progress of the
statewide plan and the measures of outcomes related to academic and
behavioral performance of students attending school districts
implementing any method, process, policy, or recommendation
identified or developed through the statewide plan.
Sec. 10.011. CONTINUATION OF LEADERSHIP TEAM. After
developing and implementing the statewide plan, the leadership team
shall make recommendations in a report to the legislature and the
governor on the abolition, continuation, or reorganization of the
leadership team and on the need for the performance of the functions
of the leadership team.
SECTION 2. Not later than October 1, 2012, the Statewide
Positive Behavioral Interventions and Supports Leadership Team
shall submit a report to the Council on Children and Families
regarding the progress of the statewide plan as described by
Section 10.007, Education Code, as added by this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2011.
(b) Section 10.010, Education Code, as added by this Act,
takes effect September 1, 2014.