Texas 2015 - 84th Regular

Texas Senate Bill SB1584 Compare Versions

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1	1		By: Lucio, Menéndez S.B. No. 1584
2		-	(In the Senate - Filed March 12, 2015; March 23, 2015, read
3		-	first time and referred to Committee on Education; May 7, 2015,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 10, Nays 0; May 7, 2015, sent to printer.)
6		-	Click here to see the committee vote
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1584 By: Lucio
8	2
9	3
10	4		A BILL TO BE ENTITLED
11	5		AN ACT
12	6		relating to positive behavioral interventions and supports for
13	7		students enrolled in public school who receive special education
14	8		services.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 21.451(d), Education Code, is amended to
17	11		read as follows:
18	12		(d) The staff development:
19	13		(1) may include training in:
20	14		(A) technology;
21	15		(B) conflict resolution;
22	16		(C) discipline strategies, including positive
23	17		behavioral intervention and supports strategies, classroom
24	18		management, district discipline policies, and the student code of
25	19		conduct adopted under Section 37.001 and Chapter 37; and
26	20		(D) protecting students from bullying, including
27	21		preventing, identifying, responding to, and reporting incidents of
28	22		bullying; [and]
29	23		(2) subject to Subsection (e) and to Section 21.3541
30	24		and rules adopted under that section, must include training based
31	25		on scientifically based research, as defined by Section 9101, No
32	26		Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that:
33	27		(A) relates to instruction of students with
34	28		disabilities; and
35	29		(B) is designed for educators who work primarily
36	30		outside the area of special education; and
37	31		(3) must include training to ensure that adequately
38	32		trained school district personnel are available to work effectively
39	33		with the positive behavioral intervention and support needs of
40	34		students eligible for the district special education program.
41	35		SECTION 2. Subchapter A, Chapter 29, Education Code, is
42	36		amended by adding Section 29.021 to read as follows:
43	37		Sec. 29.021. POSITIVE BEHAVIORAL INTERVENTIONS AND
44	38		SUPPORTS. (a) In this section:
45	39		(1) "Behavior specialist professional" includes:
46	40		(A) a behavior analyst certified by the Behavior
47	41		Analyst Certification Board;
48	42		(B) a clinical psychologist;
49	43		(C) a licensed specialist in school psychology;
50	44		or
51	45		(D) any other special education professional,
52	46		appropriately certified as determined by the commissioner, with
53	47		experience, knowledge, and training in conducting a functional
54	48		behavioral assessment and developing a positive behavioral
55	49		intervention plan for a student whose behavior interferes with the
56	50		ability of that student or another student to learn.
57	51		(2) "Licensed specialist in school psychology" has the
58	52		meaning assigned by Section 501.002, Occupations Code.
59	53		(3) "Restraint," "seclusion," and "time-out" have the
60	54		meanings assigned by Section 37.0021.
61	55		(b) It is the policy of this state that each school district
62	56		to the maximum extent possible should provide functional behavioral
63	57		assessments to a student whose behavior interferes with the ability
64	58		of that student or of another student to learn. The result of
65	59		student assessments shall be used to develop and provide positive
66	60		behavioral interventions and supports and other strategies to
67	61		enhance academic and social behavioral outcomes for students by:
68	62		(1) emphasizing the use of data to inform decisions
69	63		regarding selecting, implementing, and monitoring the progress of
70	64		evidence-based behavioral practices;
71	65		(2) organizing resources and systems to improve the
72	66		faithful implementation and sustainability of positive behavioral
73	67		interventions and supports strategies; and
74	68		(3) providing training in the use of restraint in
75	69		accordance with Subsection (c).
76	70		(c) Training in the use of restraint provided as required
77	71		under Subsection (b)(3) must:
78	72		(1) ensure that a core team of personnel at each
79	73		campus, including a campus administrator or the administrator's
80	74		designee and any general or special education personnel likely to
81	75		use restraint, are trained in the use of restraint;
82	76		(2) ensure that any other personnel called on to use
83	77		restraint are trained in the use of restraint;
84	78		(3) ensure that any personnel called on to use
85	79		restraint in an emergency situation that have not been previously
86	80		trained receive training not later than the 30th day after the date
87	81		restraint was used;
88	82		(4) include training in:
89	83		(A) prevention techniques;
90	84		(B) de-escalation techniques; and
91	85		(C) alternatives to the use of restraint; and
92	86		(5) include instruction in current professionally
93	87		accepted practices and standards regarding behavior management and
94	88		the use of restraint.
95	89		(d) A school district shall provide positive behavioral
96	90		interventions and supports and related strategies under this
97	91		section in a manner that:
98	92		(1) ensures a student's freedom from restraint and
99	93		seclusion except as provided by Section 37.0021 and rules adopted
100	94		by the commissioner under that section;
101	95		(2) respects human dignity and personal privacy and
102	96		does not cause pain or trauma to a student; and
103	97		(3) ensures a student's right to placement in the least
104	98		restrictive educational environment.
105	99		(e) In the case of a student enrolled in a special education
106	100		program under this subchapter, a school district may use restraint
107	101		and time-out only as provided by Section 37.0021 and rules adopted
108	102		by the commissioner under that section.
109	103		(f) A school district may not use restraint as a substitute
110	104		for or as part of a behavioral intervention plan developed under
111	105		Section 29.005(g).
112	106		(g) Each behavioral emergency restraint report prepared as
113	107		provided by Section 37.0021(d)(3) shall be reviewed by the
114	108		principal of the school or the principal's designee and the
115	109		district administrator designated for that purpose as provided by
116	110		Section 37.0021(d)(4)(A) to:
117	111		(1) determine whether:
118	112		(A) restraint was repeatedly used for an
119	113		individual student; or
120	114		(B) restraint was used multiple times in the same
121	115		classroom or by the same individual; and
122	116		(2) recommend a meeting of a student's admission,
123	117		review, and dismissal committee to, as appropriate:
124	118		(A) revise strategies to enhance academic and
125	119		social behavioral outcomes for a student;
126	120		(B) conduct an updated functional behavioral
127	121		assessment; or
128	122		(C) revise a behavioral intervention plan to
129	123		address behavior that poses imminent danger of serious physical
130	124		harm to a student or another person in accordance with the
131	125		requirements of 34 C.F.R. Section 300.324 relating to the revision
132	126		of the individualized education program to address a lack of
133	127		expected progress.
134	128		(h) The student's admission, review, and dismissal
135	129		committee shall review any behavioral emergency restraint report
136	130		prepared under Section 37.0021(d)(3) concerning the student and:
137	131		(1) consider the impact of the student's behavior on
138	132		the ability of that student or another student to learn; and
139	133		(2) determine the need to create or revise a
140	134		behavioral intervention plan.
141	135		(i) If the student's admission, review, and dismissal
142	136		committee determines that the creation or revision of a behavioral
143	137		intervention plan is necessary, the committee shall create or
144	138		revise the plan and determine the need for school district
145	139		personnel who will implement the plan to participate in training by
146	140		a behavior specialist professional. The committee shall monitor
147	141		the implementation and results of the plan and determine the need
148	142		for any revision of the plan or any additional training for school
149	143		personnel.
150	144		SECTION 3. Section 37.0021, Education Code, is amended by
151	145		amending Subsection (d) and adding Subsections (d-1), (d-2), (d-3),
152	146		(d-4), and (d-5) to read as follows:
153	147		(d) Restraint may be used in the case of a student with a
154	148		disability receiving special education services under Subchapter
155	149		A, Chapter 29, only in circumstances involving imminent serious
156	150		physical harm to the student or another person. The commissioner by
157	151		rule shall adopt procedures for the use of restraint and time-out by
158	152		a school district employee or volunteer or an independent
159	153		contractor of a district in the case of a student with a disability
160	154		receiving special education services under Subchapter A, Chapter
161	155		29. A procedure adopted under this subsection must:
162	156		(1) be consistent with:
163	157		(A) professionally accepted practices and
164	158		standards of student discipline and techniques for behavior
165	159		management; and
166	160		(B) relevant health and safety standards; [and]
167	161		(2) identify any discipline management practice or
168	162		behavior management technique that requires a district employee or
169	163		volunteer or an independent contractor of a district to be trained
170	164		before using that practice or technique;
171	165		(3) require a school that has used restraint for a
172	166		student to prepare a behavioral emergency restraint report
173	167		concerning the use of restraint not later than the third school day
174	168		after the date of the incident;
175	169		(4) require the principal of a school that has used
176	170		restraint for a student to:
177	171		(A) submit a copy of the report prepared under
178	172		Subdivision (3) for review to a district administrator designated
179	173		by the district superintendent as the responsible official for that
180	174		purpose; and
181	175		(B) maintain a copy of the report in the
182	176		student's eligibility folder;
183	177		(5) require the report prepared under Subdivision (3)
184	178		to include:
185	179		(A) the name, age, gender, race or ethnicity, and
186	180		grade level of the student;
187	181		(B) the date and the beginning and ending time of
188	182		the restraint;
189	183		(C) the location and setting of the restraint;
190	184		(D) the name of district personnel or any other
191	185		person who was involved in or administered the restraint;
192	186		(E) a description of the incident and the
193	187		precipitating factors, including the activity in which the student
194	188		was engaged immediately preceding the use of restraint and the
195	189		behavior that prompted the restraint;
196	190		(F) the specific nature or type of restraint
197	191		used;
198	192		(G) a statement indicating whether the student
199	193		currently has a behavioral intervention plan and identifying any
200	194		efforts made to de-escalate the situation and any alternatives to
201	195		the use of restraint that were attempted;
202	196		(H) details of any injury sustained by the
203	197		student or another person as a result of the incident and any
204	198		medical care provided; and
205	199		(I) information documenting parent contact and
206	200		notification;
207	201		(6) require the school that has used restraint for a
208	202		student to:
209	203		(A) not later than the end of the school day on
210	204		which the school used restraint, notify the parent or person
211	205		standing in parental relation to the student regarding the use of
212	206		the restraint; and
213	207		(B) not later than the third school day after the
214	208		date on which the school used restraint, provide a copy of the
215	209		report prepared under Subdivision (3) to the parent or person
216	210		standing in parental relation to the student;
217	211		(7) require the student's admission, review, and
218	212		dismissal committee to:
219	213		(A) collect information regarding the use of
220	214		time-out in connection with the student's individualized education
221	215		program; and
222	216		(B) evaluate the information to determine:
223	217		(i) the effectiveness of the use of
224	218		time-out; and
225	219		(ii) whether the use of time-out should be
226	220		continued; and
227	221		(8) if the student is subjected to an intervention
228	222		described by Subsection (d-3), require the district to provide
229	223		notice to the parent or person standing in parental relation to the
230	224		student regarding that intervention not later than the end of the
231	225		school day on which the student was subjected to the intervention.
232	226		(d-1) In adopting procedures under Subsection (d), the
233	227		commissioner shall include a procedure relating to the
234	228		administration of restraint that immobilizes a student on the
235	229		floor. The procedure shall require a school district employee or
236	230		volunteer or an independent contractor of a school district who
237	231		administers an authorized restraint to a student who becomes prone
238	232		or supine during the restraint to immediately transition the
239	233		student to an appropriate position.
240	234		(d-2) The behavioral emergency restraint report required
241	235		under Subsection (d)(3) may not duplicate existing reporting
242	236		requirements imposed by commissioner rule or required to be
243	237		submitted through the Public Education Information Management
244	238		System (PEIMS).
245	239		(d-3) A school district or a school district employee or
246	240		volunteer or an independent contractor of a school district may not
247	241		authorize, order, consent to, or pay for any of the following:
248	242		(1) an intervention that is designed to or likely to
249	243		cause physical pain, including electric shock or any procedure that
250	244		involves the use of pressure points or joint locks;
251	245		(2) an intervention that involves the directed release
252	246		of a noxious, toxic, or otherwise unpleasant spray, mist, or
253	247		substance near the student's face;
254	248		(3) an intervention that denies adequate sleep, air,
255	249		food, water, shelter, bedding, physical comfort, or access to a
256	250		restroom facility;
257	251		(4) an intervention that involves subjecting the
258	252		student to verbal abuse, ridicule, or humiliation or that can be
259	253		expected to cause the student emotional trauma;
260	254		(5) a restrictive intervention that employs a device,
261	255		material, or object that simultaneously immobilizes all four
262	256		extremities, including any procedure that results in such
263	257		immobilization known as prone or supine floor restraint;
264	258		(6) an intervention that impairs the student's
265	259		breathing, including any procedure that involves:
266	260		(A) applying pressure to the student's torso or
267	261		neck; or
268	262		(B) obstructing the student's airway, including
269	263		placing an object in, on, or over the student's mouth or nose or
270	264		placing a bag, cover, or mask over the student's face;
271	265		(7) an intervention that restricts the student's
272	266		circulation;
273	267		(8) an intervention that secures the student to a
274	268		stationary object while the student is in a sitting or standing
275	269		position;
276	270		(9) an intervention that inhibits, reduces, or hinders
277	271		the student's ability to communicate;
278	272		(10) an intervention that involves the use of a
279	273		chemical restraint;
280	274		(11) an intervention that prevents observation by a
281	275		direct line of sight or otherwise precludes adequate supervision of
282	276		the student, including isolating the student in a classroom by the
283	277		use of physical barriers; or
284	278		(12) an intervention that deprives the student of the
285	279		use of one or more of the student's senses.
286	280		(d-4) For purposes of Subsection (d-3)(11), an intervention
287	281		that denies the student academic instruction by a certified
288	282		educator constitutes an intervention that precludes adequate
289	283		supervision.
290	284		(d-5) In adopting procedures under this section, the
291	285		commissioner shall provide guidance to school district employees,
292	286		volunteers, and independent contractors of school districts in
293	287		avoiding a violation of Subsection (d-3).
294	288		SECTION 4. This Act applies beginning with the 2015-2016
295	289		school year.
296	290		SECTION 5. This Act takes effect immediately if it receives
297	291		a vote of two-thirds of all the members elected to each house, as
298	292		provided by Section 39, Article III, Texas Constitution. If this
299	293		Act does not receive the vote necessary for immediate effect, this
300	294		Act takes effect September 1, 2015.
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