Texas 2021 - 87th Regular

Texas House Bill HB785 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 785
	1	+	By: Allen, et al. (Senate Sponsor - Zaffirini) H.B. No. 785
	2	+	(In the Senate - Received from the House April 8, 2021;
	3	+	April 12, 2021, read first time and referred to Committee on
	4	+	Education; May 10, 2021, reported favorably by the following vote:
	5	+	Yeas 11, Nays 0; May 10, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to behavior improvement plans and behavioral intervention
6	12		plans for certain public school students and notification and
7	13		documentation requirements regarding certain behavior management
8	14		techniques.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Section 29.005, Education Code, is amended by
11	17		adding Subsection (h) to read as follows:
12	18		(h) If a behavior improvement plan or a behavioral
13	19		intervention plan is included as part of a student's individualized
14	20		education program under Subsection (g), the committee shall review
15	21		the plan at least annually and more frequently if appropriate to
16	22		address:
17	23		(1) changes in a student's circumstances that may
18	24		impact the student's behavior, such as:
19	25		(A) the placement of the student in a different
20	26		educational setting;
21	27		(B) an increase or persistence in disciplinary
22	28		actions taken regarding the student for similar types of behavioral
23	29		incidents;
24	30		(C) a pattern of unexcused absences; or
25	31		(D) an unauthorized unsupervised departure from
26	32		an educational setting; or
27	33		(2) the safety of the student or others.
28	34		SECTION 2. Section 37.0021(d), Education Code, is amended
29	35		to read as follows:
30	36		(d) The commissioner by rule shall adopt procedures for the
31	37		use of restraint and time-out by a school district employee or
32	38		volunteer or an independent contractor of a district in the case of
33	39		a student with a disability receiving special education services
34	40		under Subchapter A, Chapter 29. A procedure adopted under this
35	41		subsection must:
36	42		(1) be consistent with:
37	43		(A) professionally accepted practices and
38	44		standards of student discipline and techniques for behavior
39	45		management; and
40	46		(B) relevant health and safety standards; [and]
41	47		(2) identify any discipline management practice or
42	48		behavior management technique that requires a district employee or
43	49		volunteer or an independent contractor of a district to be trained
44	50		before using that practice or technique; and
45	51		(3) require a school district to:
46	52		(A) provide written notification to the
47	53		student's parent or person standing in parental relation to the
48	54		student for each use of restraint that includes:
49	55		(i) the name of the student;
50	56		(ii) the name of the district employee or
51	57		volunteer or independent contractor of the district who
52	58		administered the restraint;
53	59		(iii) the date of the restraint;
54	60		(iv) the time that the restraint started
55	61		and ended;
56	62		(v) the location of the restraint;
57	63		(vi) the nature of the restraint;
58	64		(vii) a description of the activity in
59	65		which the student was engaged immediately preceding the use of the
60	66		restraint;
61	67		(viii) the behavior of the student that
62	68		prompted the restraint;
63	69		(ix) any efforts made to de-escalate the
64	70		situation and any alternatives to restraint that were attempted;
65	71		(x) if the student has a behavior
66	72		improvement plan or a behavioral intervention plan, whether the
67	73		plan may need to be revised as a result of the behavior that led to
68	74		the restraint; and
69	75		(xi) if the student does not have a behavior
70	76		improvement plan or a behavioral intervention plan, information on
71	77		the procedure for the student's parent or person standing in
72	78		parental relation to the student to request an admission, review,
73	79		and dismissal committee meeting to discuss the possibility of
74	80		conducting a functional behavioral assessment of the student and
75	81		developing a plan for the student;
76	82		(B) include in a student's special education
77	83		eligibility school records:
78	84		(i) a copy of the written notification
79	85		provided to the student's parent or person standing in parental
80	86		relation to the student under Paragraph (A);
81	87		(ii) information on the method by which the
82	88		written notification was sent to the parent or person; and
83	89		(iii) the contact information for the
84	90		parent or person to whom the district sent the notification; and
85	91		(C) if the student has a behavior improvement
86	92		plan or behavioral intervention plan, document each use of time-out
87	93		prompted by a behavior of the student specified in the student's
88	94		plan, including a description of the behavior that prompted the
89	95		time-out.
90	96		SECTION 3. Section 37.004, Education Code, is amended by
91	97		adding Subsection (b-1) to read as follows:
92	98		(b-1) If a school district takes a disciplinary action
93	99		regarding a student with a disability who receives special
94	100		education services that constitutes a change in placement under
95	101		federal law, the district shall:
96	102		(1) not later than the 10th school day after the change
97	103		in placement:
98	104		(A) seek consent from the student's parent or
99	105		person standing in parental relation to the student to conduct a
100	106		functional behavioral assessment of the student, if a functional
101	107		behavioral assessment has never been conducted on the student or
102	108		the student's most recent functional behavioral assessment is more
103	109		than one year old; and
104	110		(B) review any previously conducted functional
105	111		behavioral assessment of the student and any behavior improvement
106	112		plan or behavioral intervention plan developed for the student
107	113		based on that assessment; and
108	114		(2) as necessary:
109	115		(A) develop a behavior improvement plan or
110	116		behavioral intervention plan for the student if the student does
111	117		not have a plan; or
112	118		(B) if the student has a behavior improvement
113	119		plan or behavioral intervention plan, revise the student's plan.
114	120		SECTION 4. This Act applies beginning with the 2021-2022
115	121		school year.
116	122		SECTION 5. This Act takes effect immediately if it receives
117	123		a vote of two-thirds of all the members elected to each house, as
118	124		provided by Section 39, Article III, Texas Constitution. If this
119	125		Act does not receive the vote necessary for immediate effect, this
120	126		Act takes effect September 1, 2021.
121		-	______________________________ ______________________________
122		-	President of the Senate Speaker of the House
123		-	I certify that H.B. No. 785 was passed by the House on April
124		-	8, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not
125		-	voting.
126		-	______________________________
127		-	Chief Clerk of the House
128		-	I certify that H.B. No. 785 was passed by the Senate on May
129		-	19, 2021, by the following vote: Yeas 31, Nays 0.
130		-	______________________________
131		-	Secretary of the Senate
132		-	APPROVED: _____________________
133		-	Date
134		-	_____________________
135		-	Governor
	127	+	* * * * *