Texas 2019 - 86th Regular

Texas Senate Bill SB1561 Compare Versions

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

Old	New	Differences
1	1	86R9374 JES-F
2	2	By: Lucio S.B. No. 1561
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to positive behavior plans of school districts,
8	8	development of positive behavior best practices by the Texas
9	9	Education Agency, and reporting of disproportionate discretionary
10	10	disciplinary action by school districts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter F, Chapter 11, Education Code, is
13	13	amended by adding Section 11.2521 to read as follows:
14	14	Sec. 11.2521. DISTRICT POSITIVE BEHAVIOR PLAN. (a) A
15	15	school district may adopt a district positive behavior plan to
16	16	promote learning, improve school safety, and identify strategies to
17	17	support students in developing and exhibiting positive behavior. A
18	18	positive behavior plan must:
19	19	(1) include measurable district performance
20	20	objectives to determine if the district is successfully meeting
21	21	goals established under the plan;
22	22	(2) use an age-appropriate and research-based
23	23	approach to identify and support the behavioral needs of students;
24	24	(3) be developed with input from stakeholders,
25	25	including school district employees, parents, students, and
26	26	community members;
27	27	(4) complement the individualized education plans of
28	28	any district students receiving special education services under
29	29	Subchapter A, Chapter 29;
30	30	(5) provide evidence-based models for positive
31	31	behavior;
32	32	(6) provide alternative disciplinary courses of
33	33	action that do not rely on the use of in-school suspension,
34	34	out-of-school suspension, or placement in a disciplinary
35	35	alternative education program to manage student behavior;
36	36	(7) detail the use of exclusionary disciplinary
37	37	actions, including in-school suspension, out-of-school suspension,
38	38	or placement in a disciplinary alternative education program;
39	39	(8) provide positive behavior management strategies,
40	40	including:
41	41	(A) positive behavioral intervention and
42	42	support;
43	43	(B) trauma-informed practices;
44	44	(C) social and emotional learning;
45	45	(D) referral for services, if necessary; and
46	46	(E) restorative practices; and
47	47	(9) include a list of resources necessary to implement
48	48	the plan.
49	49	(b) On the request of a school district, the agency shall
50	50	provide a resource included on the positive behavior best practices
51	51	list under Section 37.0017 to the district if the resource is
52	52	included in the district's positive behavior plan. The agency may
53	53	not charge a district for any resource provided under this section.
54	54	(c) A plan adopted under this section satisfies a district's
55	55	requirement to develop strategies to improve discipline management
56	56	in the district improvement plan under Section 11.252.
57	57	SECTION 2. Subchapter A, Chapter 37, Education Code, is
58	58	amended by adding Section 37.0017 to read as follows:
59	59	Sec. 37.0017. POSITIVE BEHAVIOR BEST PRACTICES LIST. (a)
60	60	The agency, in coordination with the Health and Human Services
61	61	Commission, shall provide and annually update a list of recommended
62	62	best practices relating to school discipline and models of positive
63	63	behavior, including methods to:
64	64	(1) ensure schools do not take discretionary
65	65	disciplinary action against a disproportionate number of students:
66	66	(A) of a particular race;
67	67	(B) who are enrolled in a special education
68	68	program under Subchapter A, Chapter 29; or
69	69	(C) who receive accommodations or services under
70	70	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
71	71	(2) identify underlying causes of disruptive
72	72	behaviors;
73	73	(3) promote person-centered approaches to behavior
74	74	management;
75	75	(4) minimize the use of exclusionary disciplinary
76	76	actions;
77	77	(5) promote a positive school climate;
78	78	(6) develop, implement, and revise evidence-based
79	79	behavior intervention plans; and
80	80	(7) improve the general health and safety of students.
81	81	(b) The list developed under Subsection (a) must also
82	82	include training materials and other resources on:
83	83	(1) positive behavioral intervention and support;
84	84	(2) trauma-informed practices;
85	85	(3) social and emotional learning;
86	86	(4) promoting a positive school climate; and
87	87	(5) restorative practices.
88	88	(c) In developing the list, the agency may collaborate with:
89	89	(1) educators;
90	90	(2) community member organizations;
91	91	(3) institutions of higher education;
92	92	(4) the Texas School Safety Center;
93	93	(5) education service centers; and
94	94	(6) the Center for Elimination of Disproportionality
95	95	and Disparities.
96	96	(d) The list developed under Subsection (a) must be posted
97	97	on the agency's Internet website and on the Internet website of each
98	98	regional education service center.
99	99	(e) In updating the list developed under Subsection (a), the
100	100	agency shall incorporate data collected from school districts that
101	101	have adopted positive behavior plans under Section 11.2521.
102	102	SECTION 3. Subchapter A, Chapter 37, Education Code, is
103	103	amended by adding Section 37.0201 to read as follows:
104	104	Sec. 37.0201. POSITIVE BEHAVIOR PLAN: DISPROPORTIONATE
105	105	DISCRETIONARY DISCIPLINARY ACTION. (a) In this section,
106	106	"discretionary disciplinary action" means any disciplinary action
107	107	taken by a school district that is allowed but not required under
108	108	this chapter or the district's student code of conduct.
109	109	(b) The agency shall evaluate information reported through
110	110	the Public Education Information Management System (PEIMS) to
111	111	determine whether a school district appears to be taking
112	112	discretionary disciplinary action, including suspension,
113	113	expulsion, placement in a disciplinary alternative education
114	114	program or juvenile justice alternative education program, or any
115	115	other disciplinary action reported through PEIMS, against a
116	116	disproportionate number of students:
117	117	(1) of a particular race;
118	118	(2) who are enrolled in a special education program
119	119	under Subchapter A, Chapter 29; or
120	120	(3) who receive accommodations or services under
121	121	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).
122	122	(c) On determining that a school district is taking
123	123	discretionary disciplinary action disproportionately, the agency
124	124	shall:
125	125	(1) notify the district of the determination; and
126	126	(2) in the notification include information on the
127	127	resources available to school districts through the positive
128	128	behavior best practices list provided under Section 37.0017.
129	129	(d) A school district determined by the agency to be taking
130	130	discretionary disciplinary action disproportionately for three
131	131	consecutive years shall develop, adopt, and implement a positive
132	132	behavior plan under Section 11.2521. The district's plan must
133	133	include strategies to reduce disproportionality in the application
134	134	of discretionary disciplinary action.
135	135	SECTION 4. This Act applies beginning with the 2019-2020
136	136	school year.
137	137	SECTION 5. This Act takes effect immediately if it receives
138	138	a vote of two-thirds of all the members elected to each house, as
139	139	provided by Section 39, Article III, Texas Constitution. If this
140	140	Act does not receive the vote necessary for immediate effect, this
141	141	Act takes effect September 1, 2019.