Texas 2019 - 86th Regular

Texas Senate Bill SB664 Compare Versions

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

Old	New	Differences
1	1	86R3640 MEW-F
2	2	By: Menéndez S.B. No. 664
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to behavior improvement plans and behavioral intervention
8	8	plans for certain public school students and notification
9	9	requirements regarding certain behavior management techniques.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 29.005, Education Code, is amended by
12	12	adding Subsection (h) to read as follows:
13	13	(h) If a behavior improvement plan or a behavioral
14	14	intervention plan is included as part of a student's individualized
15	15	education program under Subsection (g), the committee shall review
16	16	the plan at least annually and more frequently if appropriate to
17	17	address:
18	18	(1) any changes in a student's circumstances,
19	19	including:
20	20	(A) the placement of the student in a different
21	21	educational setting;
22	22	(B) a disciplinary action taken regarding the
23	23	student;
24	24	(C) a variation in the student's attendance; or
25	25	(D) a variation in the student's behavior,
26	26	including an unauthorized unsupervised departure from an
27	27	educational setting; or
28	28	(2) the safety of the student or others.
29	29	SECTION 2. Section 37.001(a), Education Code, is amended to
30	30	read as follows:
31	31	(a) The board of trustees of an independent school district
32	32	shall, with the advice of its district-level committee established
33	33	under Subchapter F, Chapter 11, adopt a student code of conduct for
34	34	the district. The student code of conduct must be posted and
35	35	prominently displayed at each school campus or made available for
36	36	review at the office of the campus principal. In addition to
37	37	establishing standards for student conduct, the student code of
38	38	conduct must:
39	39	(1) specify the circumstances, in accordance with this
40	40	subchapter, under which a student may be removed from a classroom,
41	41	campus, disciplinary alternative education program, or vehicle
42	42	owned or operated by the district;
43	43	(2) specify conditions that authorize or require a
44	44	principal or other appropriate administrator to transfer a student
45	45	to a disciplinary alternative education program;
46	46	(3) outline conditions under which a student may be
47	47	suspended as provided by Section 37.005 or expelled as provided by
48	48	Section 37.007;
49	49	(4) specify that consideration will be given, as a
50	50	factor in each decision concerning suspension, removal to a
51	51	disciplinary alternative education program, expulsion, or
52	52	placement in a juvenile justice alternative education program,
53	53	regardless of whether the decision concerns a mandatory or
54	54	discretionary action, to:
55	55	(A) self-defense;
56	56	(B) intent or lack of intent at the time the
57	57	student engaged in the conduct;
58	58	(C) a student's disciplinary history; or
59	59	(D) a disability that substantially impairs the
60	60	student's capacity to appreciate the wrongfulness of the student's
61	61	conduct;
62	62	(5) provide guidelines for setting the length of a
63	63	term of:
64	64	(A) a removal under Section 37.006; and
65	65	(B) an expulsion under Section 37.007;
66	66	(6) address the notification of a student's parent or
67	67	guardian of a violation of the student code of conduct committed by
68	68	the student that results in suspension, removal to a disciplinary
69	69	alternative education program, or expulsion, including specifying:
70	70	(A) if the student has a behavior improvement
71	71	plan or a behavioral intervention plan, whether the school district
72	72	recommends any revision to the plan; or
73	73	(B) if the student does not have a behavior
74	74	improvement plan or a behavioral intervention plan, whether the
75	75	school district recommends conducting or is required under Section
76	76	37.004 to conduct a functional behavioral assessment of the
77	77	student;
78	78	(7) prohibit bullying, harassment, and making hit
79	79	lists and ensure that district employees enforce those
80	80	prohibitions;
81	81	(8) provide, as appropriate for students at each grade
82	82	level, methods, including options, for:
83	83	(A) managing students in the classroom, on school
84	84	grounds, and on a vehicle owned or operated by the district;
85	85	(B) disciplining students; and
86	86	(C) preventing and intervening in student
87	87	discipline problems, including bullying, harassment, and making
88	88	hit lists; and
89	89	(9) include an explanation of the provisions regarding
90	90	refusal of entry to or ejection from district property under
91	91	Section 37.105, including the appeal process established under
92	92	Section 37.105(h).
93	93	SECTION 3. Section 37.0021(d), Education Code, is amended
94	94	to read as follows:
95	95	(d) The commissioner by rule shall adopt procedures for the
96	96	use of restraint and time-out by a school district employee or
97	97	volunteer or an independent contractor of a district in the case of
98	98	a student with a disability receiving special education services
99	99	under Subchapter A, Chapter 29. A procedure adopted under this
100	100	subsection must:
101	101	(1) be consistent with:
102	102	(A) professionally accepted practices and
103	103	standards of student discipline and techniques for behavior
104	104	management; and
105	105	(B) relevant health and safety standards; [and]
106	106	(2) identify any discipline management practice or
107	107	behavior management technique that requires a district employee or
108	108	volunteer or an independent contractor of a district to be trained
109	109	before using that practice or technique; and
110	110	(3) require a school district to:
111	111	(A) provide written notification to the
112	112	student's parent or person standing in parental relation to the
113	113	student for each use of restraint or time-out that includes:
114	114	(i) the name of the student;
115	115	(ii) the name of the district employee or
116	116	volunteer or independent contractor of the district who
117	117	administered the restraint or time-out;
118	118	(iii) the date of the restraint or
119	119	time-out;
120	120	(iv) the time that the restraint or
121	121	time-out started and ended;
122	122	(v) the location of the restraint or
123	123	time-out;
124	124	(vi) the nature of the restraint or
125	125	time-out;
126	126	(vii) a description of the activity in
127	127	which the student was engaged immediately preceding the use of the
128	128	restraint or time-out;
129	129	(viii) the behavior of the student that
130	130	prompted the restraint or time-out;
131	131	(ix) any efforts made to de-escalate the
132	132	situation and any alternatives to restraint or time-out that were
133	133	attempted;
134	134	(x) if the student has a behavior
135	135	improvement plan or a behavioral intervention plan, whether the
136	136	school district recommends any revision to the plan; and
137	137	(xi) if the student does not have a behavior
138	138	improvement plan or a behavioral intervention plan, whether the
139	139	school district recommends conducting a functional behavioral
140	140	assessment of the student; and
141	141	(B) include in a student's special education
142	142	eligibility school records:
143	143	(i) a copy of any written notification
144	144	provided to the student's parent or person standing in parental
145	145	relation to the student under Paragraph (A); and
146	146	(ii) the contact information for the parent
147	147	or person who received the notification.
148	148	SECTION 4. Section 37.004, Education Code, is amended by
149	149	adding Subsection (b-1) to read as follows:
150	150	(b-1) If a school district takes a disciplinary action
151	151	regarding a student with a disability who receives special
152	152	education services that constitutes a change in placement under
153	153	federal law, the district shall:
154	154	(1) not later than the 10th school day after the change
155	155	in placement:
156	156	(A) conduct a functional behavioral assessment
157	157	of the student; and
158	158	(B) review any previously conducted functional
159	159	behavioral assessment of the student and any behavior improvement
160	160	plan or behavioral intervention plan developed for the student
161	161	based on that assessment; and
162	162	(2) as necessary:
163	163	(A) develop a behavior improvement plan or
164	164	behavioral intervention plan for the student if the student does
165	165	not have a plan; or
166	166	(B) if the student has a behavior improvement
167	167	plan or behavioral intervention plan, revise the student's plan.
168	168	SECTION 5. This Act applies beginning with the 2019-2020
169	169	school year.
170	170	SECTION 6. This Act takes effect immediately if it receives
171	171	a vote of two-thirds of all the members elected to each house, as
172	172	provided by Section 39, Article III, Texas Constitution. If this
173	173	Act does not receive the vote necessary for immediate effect, this
174	174	Act takes effect September 1, 2019.