Texas 2019 - 86th Regular

Texas House Bill HB873 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R26140 MEW-F
2	2		By: Allen H.B. No. 873
	3	+	Substitute the following for H.B. No. 873:
	4	+	By: Bernal C.S.H.B. No. 873
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to behavior improvement plans and behavioral intervention
8	10		plans for certain public school students and notification and
9	11		documentation requirements regarding certain behavior management
10	12		techniques.
11	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. Section 29.005, Education Code, is amended by
13	15		adding Subsection (h) to read as follows:
14	16		(h) If a behavior improvement plan or a behavioral
15	17		intervention plan is included as part of a student's individualized
16	18		education program under Subsection (g), the committee shall review
17	19		the plan at least annually and more frequently if appropriate to
18	20		address:
19	21		(1) any changes in a student's circumstances,
20	22		including:
21	23		(A) the placement of the student in a different
22	24		educational setting;
23	25		(B) an increase or persistence in disciplinary
24	26		actions taken regarding the student;
25	27		(C) a variation in the student's attendance; or
26	28		(D) a variation in the student's behavior,
27	29		including an unauthorized unsupervised departure from an
28	30		educational setting; or
29	31		(2) the safety of the student or others.
30	32		SECTION 2. Section 37.001(a), Education Code, is amended to
31	33		read as follows:
32	34		(a) The board of trustees of an independent school district
33	35		shall, with the advice of its district-level committee established
34	36		under Subchapter F, Chapter 11, adopt a student code of conduct for
35	37		the district. The student code of conduct must be posted and
36	38		prominently displayed at each school campus or made available for
37	39		review at the office of the campus principal. In addition to
38	40		establishing standards for student conduct, the student code of
39	41		conduct must:
40	42		(1) specify the circumstances, in accordance with this
41	43		subchapter, under which a student may be removed from a classroom,
42	44		campus, disciplinary alternative education program, or vehicle
43	45		owned or operated by the district;
44	46		(2) specify conditions that authorize or require a
45	47		principal or other appropriate administrator to transfer a student
46	48		to a disciplinary alternative education program;
47	49		(3) outline conditions under which a student may be
48	50		suspended as provided by Section 37.005 or expelled as provided by
49	51		Section 37.007;
50	52		(4) specify that consideration will be given, as a
51	53		factor in each decision concerning suspension, removal to a
52	54		disciplinary alternative education program, expulsion, or
53	55		placement in a juvenile justice alternative education program,
54	56		regardless of whether the decision concerns a mandatory or
55	57		discretionary action, to:
56	58		(A) self-defense;
57	59		(B) intent or lack of intent at the time the
58	60		student engaged in the conduct;
59	61		(C) a student's disciplinary history; or
60	62		(D) a disability that substantially impairs the
61	63		student's capacity to appreciate the wrongfulness of the student's
62	64		conduct;
63	65		(5) provide guidelines for setting the length of a
64	66		term of:
65	67		(A) a removal under Section 37.006; and
66	68		(B) an expulsion under Section 37.007;
67	69		(6) address the notification of a student's parent or
68	70		guardian of a violation of the student code of conduct committed by
69	71		the student that results in suspension, removal to a disciplinary
70	72		alternative education program, or expulsion, including specifying:
71	73		(A) if the student has a behavior improvement
72	74		plan or a behavioral intervention plan, whether the school district
73	75		recommends any revision to the plan; or
74	76		(B) if the student does not have a behavior
75	77		improvement plan or a behavioral intervention plan, whether the
76	78		school district recommends conducting or is required under Section
77	79		37.004 to conduct a functional behavioral assessment of the
78	80		student;
79	81		(7) prohibit bullying, harassment, and making hit
80	82		lists and ensure that district employees enforce those
81	83		prohibitions;
82	84		(8) provide, as appropriate for students at each grade
83	85		level, methods, including options, for:
84	86		(A) managing students in the classroom, on school
85	87		grounds, and on a vehicle owned or operated by the district;
86	88		(B) disciplining students; and
87	89		(C) preventing and intervening in student
88	90		discipline problems, including bullying, harassment, and making
89	91		hit lists; and
90	92		(9) include an explanation of the provisions regarding
91	93		refusal of entry to or ejection from district property under
92	94		Section 37.105, including the appeal process established under
93	95		Section 37.105(h).
94	96		SECTION 3. Section 37.0021(d), Education Code, is amended
95	97		to read as follows:
96	98		(d) The commissioner by rule shall adopt procedures for the
97	99		use of restraint and time-out by a school district employee or
98	100		volunteer or an independent contractor of a district in the case of
99	101		a student with a disability receiving special education services
100	102		under Subchapter A, Chapter 29. A procedure adopted under this
101	103		subsection must:
102	104		(1) be consistent with:
103	105		(A) professionally accepted practices and
104	106		standards of student discipline and techniques for behavior
105	107		management; and
106	108		(B) relevant health and safety standards; [and]
107	109		(2) identify any discipline management practice or
108	110		behavior management technique that requires a district employee or
109	111		volunteer or an independent contractor of a district to be trained
110	112		before using that practice or technique; and
111	113		(3) require a school district to:
112	114		(A) provide written notification to the
113	115		student's parent or person standing in parental relation to the
114	116		student for each use of restraint that includes:
115	117		(i) the name of the student;
116	118		(ii) the name of the district employee or
117	119		volunteer or independent contractor of the district who
118	120		administered the restraint;
119	121		(iii) the date of the restraint;
120	122		(iv) the time that the restraint started
121	123		and ended;
122	124		(v) the location of the restraint;
123	125		(vi) the nature of the restraint;
124	126		(vii) a description of the activity in
125	127		which the student was engaged immediately preceding the use of the
126	128		restraint;
127	129		(viii) the behavior of the student that
128	130		prompted the restraint;
129	131		(ix) any efforts made to de-escalate the
130	132		situation and any alternatives to restraint that were attempted;
131	133		(x) if the student has a behavior
132	134		improvement plan or a behavioral intervention plan, whether the
133	135		school district recommends any revision to the plan; and
134	136		(xi) if the student does not have a behavior
135	137		improvement plan or a behavioral intervention plan, whether the
136	138		school district recommends conducting a functional behavioral
137	139		assessment of the student;
138	140		(B) include in a student's special education
139	141		eligibility school records:
140	142		(i) a copy of any written notification
141	143		provided to the student's parent or person standing in parental
142	144		relation to the student under Paragraph (A); and
143	145		(ii) the contact information for the parent
144	146		or person who received the notification; and
145	147		(C) if the student has a behavior improvement
146	148		plan or behavioral intervention plan, document each use of time-out
147	149		prompted by a behavior of the student specified in the student's
148	150		plan, including a description of the behavior that prompted the
149	151		time-out.
150	152		SECTION 4. Section 37.004, Education Code, is amended by
151	153		adding Subsection (b-1) to read as follows:
152	154		(b-1) If a school district takes a disciplinary action
153	155		regarding a student with a disability who receives special
154	156		education services that constitutes a change in placement under
155	157		federal law, the district shall:
156	158		(1) not later than the 10th school day after the change
157	159		in placement:
158	160		(A) conduct a functional behavioral assessment
159	161		of the student; and
160	162		(B) review any previously conducted functional
161	163		behavioral assessment of the student and any behavior improvement
162	164		plan or behavioral intervention plan developed for the student
163	165		based on that assessment; and
164	166		(2) as necessary:
165	167		(A) develop a behavior improvement plan or
166	168		behavioral intervention plan for the student if the student does
167	169		not have a plan; or
168	170		(B) if the student has a behavior improvement
169	171		plan or behavioral intervention plan, revise the student's plan.
170	172		SECTION 5. This Act applies beginning with the 2019-2020
171	173		school year.
172	174		SECTION 6. This Act takes effect immediately if it receives
173	175		a vote of two-thirds of all the members elected to each house, as
174	176		provided by Section 39, Article III, Texas Constitution. If this
175	177		Act does not receive the vote necessary for immediate effect, this
176	178		Act takes effect September 1, 2019.