Texas 2021 - 87th Regular

Texas Senate Bill SB1074 Compare Versions

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

Old	New	Differences
1	1	87R5242 JES-D
2	2	By: Lucio S.B. No. 1074
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) prioritize 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 or juvenile justice alternative
36	36	education program to manage student behavior;
37	37	(7) incorporate the use of the comprehensive school
38	38	counseling program developed under Section 33.005;
39	39	(8) provide positive behavior management strategies,
40	40	including:
41	41	(A) positive behavior interventions and support;
42	42	(B) trauma-informed practices;
43	43	(C) social and emotional learning;
44	44	(D) referral for services, if necessary;
45	45	(E) restorative practices;
46	46	(F) meditation; and
47	47	(G) guided individual counseling and case
48	48	management;
49	49	(9) include a list of training and resources necessary
50	50	to implement the plan; and
51	51	(10) at least once every two years, be reviewed and, if
52	52	necessary, revised using data collected on the performance
53	53	objectives included in the plan under Subdivision (1).
54	54	(b) In determining the training necessary to implement the
55	55	positive behavior plan, a school district must, to the extent
56	56	possible, include training that fulfills educators' continuing
57	57	education requirements under Section 21.054.
58	58	(c) A school district's positive behavior plan may:
59	59	(1) detail the use of exclusionary disciplinary
60	60	actions, including in-school suspension, out-of-school suspension,
61	61	or placement in a disciplinary alternative education program or
62	62	juvenile justice alternative education program, which may be used
63	63	only:
64	64	(A) when required by law; or
65	65	(B) under the circumstances specified in the
66	66	district's student code of conduct adopted under Section 37.001;
67	67	and
68	68	(2) in accordance with Section 37.081, provide for:
69	69	(A) employing security personnel;
70	70	(B) entering into a memorandum of understanding
71	71	with a local law enforcement agency for the provision of school
72	72	resource officers; or
73	73	(C) commissioning peace officers.
74	74	(d) On the request of a school district, the agency shall
75	75	provide a resource included on the positive behavior best practices
76	76	list under Section 37.0016 to the district if the district's
77	77	positive behavior plan complies with Subsection (a) and the
78	78	resource is included in the district's plan. A district must
79	79	include a copy of the district's plan with the request. The agency
80	80	may not charge a district for any resource provided under this
81	81	subsection.
82	82	(e) A plan adopted under this section satisfies a school
83	83	district's requirement to develop strategies to improve positive
84	84	behavior interventions and support in the district improvement plan
85	85	under Section 11.252.
86	86	SECTION 2. Section 21.054(d), Education Code, is amended to
87	87	read as follows:
88	88	(d) Continuing education requirements for a classroom
89	89	teacher must provide that at least 25 percent of the training
90	90	required every five years include instruction regarding:
91	91	(1) collecting and analyzing information that will
92	92	improve effectiveness in the classroom;
93	93	(2) recognizing early warning indicators that a
94	94	student may be at risk of dropping out of school;
95	95	(3) digital learning, digital teaching, and
96	96	integrating technology into classroom instruction;
97	97	(4) educating diverse student populations, including:
98	98	(A) students who are eligible to participate in
99	99	special education programs under Subchapter A, Chapter 29;
100	100	(B) students who are eligible to receive
101	101	educational services required under Section 504, Rehabilitation
102	102	Act of 1973 (29 U.S.C. Section 794);
103	103	(C) students with mental health conditions or who
104	104	engage in substance abuse;
105	105	(D) students with intellectual or developmental
106	106	disabilities;
107	107	(E) students who are educationally
108	108	disadvantaged;
109	109	(F) students of limited English proficiency; and
110	110	(G) students at risk of dropping out of school;
111	111	(5) understanding appropriate relationships,
112	112	boundaries, and communications between educators and students;
113	113	[and]
114	114	(6) how mental health conditions, including grief and
115	115	trauma, affect student learning and behavior and how
116	116	evidence-based, grief-informed, and trauma-informed strategies
117	117	support the academic success of students affected by grief and
118	118	trauma; and
119	119	(7) using positive behavior management strategies
120	120	described by Section 11.2521(a)(8).
121	121	SECTION 3. Section 21.451(d), Education Code, is amended to
122	122	read as follows:
123	123	(d) The staff development:
124	124	(1) may include training in:
125	125	(A) technology;
126	126	(B) positive behavior intervention and support
127	127	strategies, including classroom management, district discipline
128	128	policies, the district's positive behavior plan adopted under
129	129	Section 11.2521, and the student code of conduct adopted under
130	130	Chapter 37; and
131	131	(C) digital learning;
132	132	(2) subject to Subsection (e) and to Section 21.3541
133	133	and rules adopted under that section, must include training that is
134	134	evidence-based, as defined by Section 8101, Every Student Succeeds
135	135	Act (20 U.S.C. Section 7801), and that:
136	136	(A) relates to instruction of students with
137	137	disabilities, including students with disabilities who also have
138	138	other intellectual or mental health conditions; and
139	139	(B) is designed for educators who work primarily
140	140	outside the area of special education; and
141	141	(3) must include training on:
142	142	(A) suicide prevention;
143	143	(B) recognizing signs of mental health
144	144	conditions and substance abuse;
145	145	(C) strategies for establishing and maintaining
146	146	positive relationships among students, including conflict
147	147	resolution;
148	148	(D) how grief and trauma affect student learning
149	149	and behavior and how evidence-based, grief-informed, and
150	150	trauma-informed strategies support the academic success of
151	151	students affected by grief and trauma; and
152	152	(E) preventing, identifying, responding to, and
153	153	reporting incidents of bullying.
154	154	SECTION 4. Subchapter A, Chapter 37, Education Code, is
155	155	amended by adding Section 37.0016 to read as follows:
156	156	Sec. 37.0016. POSITIVE BEHAVIOR BEST PRACTICES LIST. (a)
157	157	The agency, in coordination with the Health and Human Services
158	158	Commission, shall provide and annually update a list of recommended
159	159	best practices relating to school discipline and models of positive
160	160	behavior, including methods to:
161	161	(1) ensure schools do not take discretionary
162	162	disciplinary action against a disproportionate number of students:
163	163	(A) of a particular race;
164	164	(B) who are enrolled in a special education
165	165	program under Subchapter A, Chapter 29; or
166	166	(C) who receive accommodations or services under
167	167	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
168	168	(2) identify underlying causes of disruptive
169	169	behaviors;
170	170	(3) promote person-centered approaches to behavior
171	171	management;
172	172	(4) minimize the use of exclusionary disciplinary
173	173	actions;
174	174	(5) promote a positive school climate;
175	175	(6) develop, implement, and revise evidence-based
176	176	behavior intervention plans; and
177	177	(7) improve the general health and safety of students.
178	178	(b) The list developed under Subsection (a):
179	179	(1) must include training materials and other
180	180	resources on:
181	181	(A) positive behavior interventions and support;
182	182	(B) trauma-informed practices;
183	183	(C) social and emotional learning;
184	184	(D) promoting a positive school climate; and
185	185	(E) restorative practices; and
186	186	(2) may include training materials and other resources
187	187	on any other topic listed under Subsection (a).
188	188	(c) In developing the list, the agency may collaborate with:
189	189	(1) educators;
190	190	(2) community member organizations;
191	191	(3) institutions of higher education;
192	192	(4) the Texas School Safety Center;
193	193	(5) regional education service centers;
194	194	(6) the Center for Elimination of Disproportionality
195	195	and Disparities;
196	196	(7) organizations with expertise in providing
197	197	evidence-based training in positive behavior models to school
198	198	districts; and
199	199	(8) any other entity the agency considers appropriate.
200	200	(d) The list developed under Subsection (a) must be posted
201	201	on the agency's Internet website and on the Internet website of each
202	202	regional education service center.
203	203	(e) In updating the list developed under Subsection (a), the
204	204	agency shall incorporate data collected from school districts that
205	205	have adopted positive behavior plans under Section 11.2521,
206	206	including data collected by school districts on the performance
207	207	objectives included in districts' plans under Section
208	208	11.2521(a)(1).
209	209	(f) Training materials included in the list under
210	210	Subsection (b) must, to the extent possible, fulfill educators'
211	211	continuing education requirements under Section 21.054.
212	212	SECTION 5. Subchapter A, Chapter 37, Education Code, is
213	213	amended by adding Section 37.0201 to read as follows:
214	214	Sec. 37.0201. POSITIVE BEHAVIOR PLAN: DISPROPORTIONATE
215	215	DISCRETIONARY DISCIPLINARY ACTION. (a) In this section,
216	216	"discretionary disciplinary action" means any disciplinary action
217	217	taken by a school district that is allowed but not required under
218	218	this chapter or the district's student code of conduct.
219	219	(b) The agency shall evaluate information reported through
220	220	the Public Education Information Management System (PEIMS) to
221	221	determine whether a school district appears to be taking
222	222	discretionary disciplinary action, including suspension,
223	223	expulsion, placement in a disciplinary alternative education
224	224	program or juvenile justice alternative education program, or any
225	225	other disciplinary action reported through PEIMS, against a
226	226	disproportionate number of students:
227	227	(1) of a particular race or ethnicity;
228	228	(2) who are enrolled in a special education program
229	229	under Subchapter A, Chapter 29;
230	230	(3) who receive accommodations or services under
231	231	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
232	232	(4) who are homeless; or
233	233	(5) who are in a bilingual education or special
234	234	language program under Subchapter B, Chapter 29.
235	235	(c) On determining that a school district is taking
236	236	discretionary disciplinary action disproportionately, the agency
237	237	shall:
238	238	(1) notify the district of the determination; and
239	239	(2) include in the notification information on the
240	240	resources available to school districts through the positive
241	241	behavior best practices list provided by Section 37.0016.
242	242	(d) A school district determined by the agency to be taking
243	243	discretionary disciplinary action disproportionately for three
244	244	consecutive years shall develop, adopt, and implement a positive
245	245	behavior plan under Section 11.2521. The district's plan must
246	246	include strategies to reduce disproportionality in the application
247	247	of discretionary disciplinary action.
248	248	SECTION 6. Section 37.081, Education Code, is amended by
249	249	amending Subsections (a) and (d) and adding Subsection (a-1) to
250	250	read as follows:
251	251	(a) Subject to Subsection (a-1), the [The] board of trustees
252	252	of any school district may employ security personnel, enter into a
253	253	memorandum of understanding with a local law enforcement agency for
254	254	the provision of school resource officers, and commission peace
255	255	officers to carry out this subchapter. If a board of trustees
256	256	authorizes a person employed as security personnel to carry a
257	257	weapon, the person must be a commissioned peace officer. The
258	258	jurisdiction of a peace officer, a school resource officer, or
259	259	security personnel under this section shall be determined by the
260	260	board of trustees and may include all territory in the boundaries of
261	261	the school district and all property outside the boundaries of the
262	262	district that is owned, leased, or rented by or otherwise under the
263	263	control of the school district and the board of trustees that employ
264	264	the peace officer or security personnel or that enter into a
265	265	memorandum of understanding for the provision of a school resource
266	266	officer.
267	267	(a-1) If a school district employs security personnel,
268	268	enters into a memorandum of understanding with a local law
269	269	enforcement agency for the provision of school resource officers,
270	270	or commissions peace officers under Subsection (a), the district
271	271	must adopt a positive behavior plan under Section 11.2521 and the
272	272	plan must state the duties of the peace officers, school resource
273	273	officers, or security personnel.
274	274	(d) The board of trustees of the school district shall
275	275	determine the law enforcement duties of peace officers, school
276	276	resource officers, and security personnel. The duties must be
277	277	included in:
278	278	(1) the district improvement plan under Section
279	279	11.252;
280	280	(2) the student code of conduct adopted under Section
281	281	37.001;
282	282	(3) any memorandum of understanding providing for a
283	283	school resource officer; [and]
284	284	(4) any other campus or district document describing
285	285	the role of peace officers, school resource officers, or security
286	286	personnel in the district; and
287	287	(5) the district's positive behavior plan adopted
288	288	under Section 11.2521.
289	289	SECTION 7. This Act applies beginning with the 2021-2022
290	290	school year.
291	291	SECTION 8. This Act takes effect immediately if it receives
292	292	a vote of two-thirds of all the members elected to each house, as
293	293	provided by Section 39, Article III, Texas Constitution. If this
294	294	Act does not receive the vote necessary for immediate effect, this
295	295	Act takes effect September 1, 2021.