Texas 2021 - 87th 3rd C.S.

Texas House Bill HB111 Compare Versions

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

Old	New	Differences
1	1	87S30266 MLH-D
2	2	By: Hull H.B. No. 111
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the physical restraint of or use of
8	8	chemical irritants on certain public school students by peace
9	9	officers and school security personnel under certain
10	10	circumstances.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.0021, Education Code, is amended by
13	13	amending Subsection (d) and adding Subsection (j) to read as
14	14	follows:
15	15	(d) Subject to Subsection (j), the [The] commissioner by
16	16	rule shall adopt procedures for the use of restraint and time-out by
17	17	a school district employee or volunteer or an independent
18	18	contractor of a district in the case of a student with a disability
19	19	receiving special education services under Subchapter A, Chapter
20	20	29. A procedure adopted under this subsection must:
21	21	(1) be consistent with:
22	22	(A) professionally accepted practices and
23	23	standards of student discipline and techniques for behavior
24	24	management; and
25	25	(B) relevant health and safety standards;
26	26	(2) identify any discipline management practice or
27	27	behavior management technique that requires a district employee or
28	28	volunteer or an independent contractor of a district to be trained
29	29	before using that practice or technique; and
30	30	(3) require a school district to:
31	31	(A) provide written notification to the
32	32	student's parent or person standing in parental relation to the
33	33	student for each use of restraint that includes:
34	34	(i) the name of the student;
35	35	(ii) the name of the district employee or
36	36	volunteer or independent contractor of the district who
37	37	administered the restraint;
38	38	(iii) the date of the restraint;
39	39	(iv) the time that the restraint started
40	40	and ended;
41	41	(v) the location of the restraint;
42	42	(vi) the nature of the restraint;
43	43	(vii) a description of the activity in
44	44	which the student was engaged immediately preceding the use of the
45	45	restraint;
46	46	(viii) the behavior of the student that
47	47	prompted the restraint;
48	48	(ix) any efforts made to de-escalate the
49	49	situation and any alternatives to restraint that were attempted;
50	50	(x) if the student has a behavior
51	51	improvement plan or a behavioral intervention plan, whether the
52	52	plan may need to be revised as a result of the behavior that led to
53	53	the restraint; and
54	54	(xi) if the student does not have a behavior
55	55	improvement plan or a behavioral intervention plan, information on
56	56	the procedure for the student's parent or person standing in
57	57	parental relation to the student to request an admission, review,
58	58	and dismissal committee meeting to discuss the possibility of
59	59	conducting a functional behavioral assessment of the student and
60	60	developing a plan for the student;
61	61	(B) include in a student's special education
62	62	eligibility school records:
63	63	(i) a copy of the written notification
64	64	provided to the student's parent or person standing in parental
65	65	relation to the student under Paragraph (A);
66	66	(ii) information on the method by which the
67	67	written notification was sent to the parent or person; and
68	68	(iii) the contact information for the
69	69	parent or person to whom the district sent the notification; and
70	70	(C) if the student has a behavior improvement
71	71	plan or behavioral intervention plan, document each use of time-out
72	72	prompted by a behavior of the student specified in the student's
73	73	plan, including a description of the behavior that prompted the
74	74	time-out.
75	75	(j) A peace officer performing law enforcement duties or
76	76	school security personnel performing security-related duties on
77	77	school property or at a school-sponsored or school-related activity
78	78	may not restrain or use a chemical irritant spray on a student 10
79	79	years of age or younger unless the student poses a serious risk of
80	80	harm to the student or another person.
81	81	SECTION 2. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect on the 91st day after the last day of the
86	86	legislative session.