Texas 2017 - 85th Regular

Texas Senate Bill SB1753 Compare Versions

Only one version of the bill is available at this time.

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1	1	85R13267 PAM-F
2	2	By: Lucio S.B. No. 1753
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to positive behavioral interventions and supports for
8	8	students enrolled in public school who receive special education
9	9	services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 21.451(d) and (f), Education Code, are
12	12	amended to read as follows:
13	13	(d) The staff development:
14	14	(1) may include training in:
15	15	(A) technology;
16	16	(B) conflict resolution;
17	17	(C) discipline strategies, including classroom
18	18	management, district discipline policies, and the student code of
19	19	conduct adopted under Section 37.001 and Chapter 37; [and]
20	20	(D) positive behavioral intervention and
21	21	supports or related strategies; and
22	22	(E) protecting students from bullying, including
23	23	preventing, identifying, responding to, and reporting incidents of
24	24	bullying;
25	25	(2) subject to Subsection (e) and to Section 21.3541
26	26	and rules adopted under that section, must include training that is
27	27	evidence-based [based on scientifically based research], as
28	28	defined by Section 8101, Every Student Succeeds Act [9101, No Child
29	29	Left Behind Act of 2001] (20 U.S.C. Section 7801), and that:
30	30	(A) relates to instruction of students with
31	31	disabilities; and
32	32	(B) is designed for educators who work primarily
33	33	outside the area of special education; and
34	34	(3) must include suicide prevention training that must
35	35	be provided:
36	36	(A) on an annual basis, as part of a new employee
37	37	orientation, to all new school district and open-enrollment charter
38	38	school educators; and
39	39	(B) to existing school district and
40	40	open-enrollment charter school educators on a schedule adopted by
41	41	the agency by rule.
42	42	(f) In developing or maintaining the training required by
43	43	Subsection (d)(2), a school district must consult with persons with
44	44	expertise in evidence-based [research-based] practices for
45	45	students with disabilities. Persons who may be consulted under
46	46	this subsection include colleges, universities, private and
47	47	nonprofit organizations, regional education service centers,
48	48	qualified district personnel, and behavior specialist
49	49	professionals [any other persons identified as qualified by the
50	50	district]. This subsection applies to all training required by
51	51	Subsection (d)(2), regardless of whether the training is provided
52	52	at the campus or district level. In this subsection, "behavior
53	53	specialist professional" means a person who:
54	54	(1) is appropriately certified as determined by the
55	55	commissioner in, is trained in, or has knowledge of:
56	56	(A) principles and practices of behavioral
57	57	support plan development, implementation, and evaluation;
58	58	(B) medications used to assist with behavior
59	59	management, including the side effects and adverse effects of those
60	60	medications;
61	61	(C) systems used to track treatment
62	62	effectiveness;
63	63	(D) delivery of behavioral services to persons
64	64	with disabilities; and
65	65	(E) characteristics of developmental
66	66	disabilities; and
67	67	(2) has the ability to:
68	68	(A) conduct a comprehensive functional
69	69	behavioral assessment;
70	70	(B) develop a behavior support plan that includes
71	71	positive behavioral intervention and supports or related
72	72	strategies;
73	73	(C) evaluate behavioral and special education
74	74	program data; and
75	75	(D) plan, assign, and supervise the work of
76	76	others.
77	77	SECTION 2. Subchapter A, Chapter 29, Education Code, is
78	78	amended by adding Section 29.021 to read as follows:
79	79	Sec. 29.021. POSITIVE BEHAVIORAL INTERVENTIONS AND
80	80	SUPPORTS. (a) In this section, "restraint" and "seclusion" have
81	81	the meanings assigned by Section 37.0021.
82	82	(b) It is the policy of this state that each school district
83	83	to the maximum extent possible should provide functional behavioral
84	84	assessments to a student whose behavior interferes with the ability
85	85	of that student or of another student to learn. The result of
86	86	student assessments shall be used to develop and provide positive
87	87	behavioral interventions and supports or related strategies to
88	88	enhance academic and social behavioral outcomes for students by:
89	89	(1) emphasizing the use of data to inform decisions
90	90	regarding selecting, implementing, and monitoring the progress of
91	91	evidence-based behavioral practices;
92	92	(2) organizing resources and systems to improve the
93	93	faithful implementation and sustainability of positive behavioral
94	94	intervention and supports or related strategies; and
95	95	(3) providing training to school district personnel
96	96	who will be involved in implementing positive behavioral
97	97	intervention and supports or related strategies.
98	98	(c) A school district shall provide positive behavioral
99	99	interventions and supports or related strategies under this section
100	100	in a manner that:
101	101	(1) ensures a student's freedom from restraint and
102	102	seclusion except as provided by Section 37.0021 and rules adopted
103	103	by the commissioner under that section;
104	104	(2) respects human dignity and personal privacy and
105	105	does not cause pain or trauma to a student;
106	106	(3) ensures a student's right to placement in the least
107	107	restrictive educational environment; and
108	108	(4) focuses on the individual in order to determine
109	109	the most appropriate strategy for each student.
110	110	(d) If the student's admission, review, and dismissal
111	111	committee determines that the creation or revision of a behavioral
112	112	intervention plan is necessary, the committee shall create or
113	113	revise the plan to include positive behavioral interventions and
114	114	supports or related evidence-based behavioral intervention
115	115	strategies. The district shall offer training on positive
116	116	behavioral intervention and supports or related strategies to all
117	117	school district personnel involved in the implementation of the
118	118	behavioral intervention plan who have not received training on
119	119	positive behavioral intervention and supports or related
120	120	strategies within the preceding two years. The training offered
121	121	under this subsection must be:
122	122	(1) conducted by one or more persons who may be
123	123	consulted under Section 21.451(f); and
124	124	(2) to the maximum extent possible, relevant to the
125	125	behavioral intervention plan.
126	126	(e) The student's admission, review, and dismissal
127	127	committee shall monitor the implementation and results of the
128	128	behavioral intervention plan and determine the need for any
129	129	revision of the plan or any additional training for school district
130	130	personnel.
131	131	SECTION 3. Section 37.0021, Education Code, is amended by
132	132	adding Subsections (d-1), (d-2), and (d-3) to read as follows:
133	133	(d-1) A school district or a school district employee or
134	134	volunteer or an independent contractor of a school district may not
135	135	authorize, order, consent to, or pay for any of the following:
136	136	(1) an intervention that is designed to or likely to
137	137	cause physical pain, including electric shock or any procedure that
138	138	involves the use of pressure points or joint locks;
139	139	(2) an intervention that involves the directed release
140	140	of a noxious, toxic, or otherwise unpleasant spray, mist, or
141	141	substance near the student's face;
142	142	(3) an intervention that denies adequate sleep, air,
143	143	food, water, shelter, bedding, physical comfort, or access to a
144	144	restroom facility;
145	145	(4) an intervention that involves subjecting the
146	146	student to verbal abuse, ridicule, or humiliation or that can be
147	147	expected to cause the student emotional trauma;
148	148	(5) a restrictive intervention that employs a device,
149	149	material, or object that simultaneously immobilizes all four
150	150	extremities, including any procedure that results in such
151	151	immobilization known as prone or supine floor restraint;
152	152	(6) an intervention that impairs the student's
153	153	breathing, including any procedure that involves:
154	154	(A) applying pressure to the student's torso or
155	155	neck; or
156	156	(B) obstructing the student's airway, including
157	157	placing an object in, on, or over the student's mouth or nose or
158	158	placing a bag, cover, or mask over the student's face;
159	159	(7) an intervention that restricts the student's
160	160	circulation;
161	161	(8) an intervention that secures the student to a
162	162	stationary object while the student is in a sitting or standing
163	163	position;
164	164	(9) an intervention that inhibits, reduces, or hinders
165	165	the student's ability to communicate;
166	166	(10) an intervention that involves the use of a
167	167	chemical restraint;
168	168	(11) an intervention that prevents observation by a
169	169	direct line of sight or otherwise precludes adequate supervision of
170	170	the student, including isolating the student in a classroom by the
171	171	use of physical barriers; or
172	172	(12) an intervention that deprives the student of the
173	173	use of one or more of the student's senses.
174	174	(d-2) For purposes of Subsection (d-1)(11), an intervention
175	175	that denies the student academic instruction by a certified
176	176	educator constitutes an intervention that precludes adequate
177	177	supervision.
178	178	(d-3) In adopting procedures under this section, the
179	179	commissioner shall provide guidance to school district employees,
180	180	volunteers, and independent contractors of school districts in
181	181	avoiding a violation of Subsection (d-1).
182	182	SECTION 4. This Act applies beginning with the 2017-2018
183	183	school year.
184	184	SECTION 5. This Act takes effect immediately if it receives
185	185	a vote of two-thirds of all the members elected to each house, as
186	186	provided by Section 39, Article III, Texas Constitution. If this
187	187	Act does not receive the vote necessary for immediate effect, this
188	188	Act takes effect September 1, 2017.