Texas 2023 - 88th Regular

Texas House Bill HB133

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting the use of certain restraints on students enrolled in public schools who receive special education services.

Impact

The proposed legislation is expected to have significant implications for how special education is administered in Texas public schools. By specifying and limiting the types of restraints that can be applied, the bill seeks to align school procedures with best practices and health standards. This change could lead to a more compassionate and effective approach to managing behaviors among students with special needs. The bill is set to take effect starting the 2023-2024 school year, which provides schools with a set timeline to adapt to these new standards.

Summary

House Bill 133, introduced by Representative González of El Paso, focuses on prohibiting certain types of restraints used on students with disabilities in public schools. The bill amends existing provisions in the Education Code to outline specific procedures for using restraint and time-out measures for students receiving special education services. Importantly, the bill prohibits the use of floor or ground restraints that immobilize students in prone or supine positions, aiming to enhance the safety and dignity of students requiring special education assistance.

Sentiment

The overall sentiment towards HB 133 appears to be positive among the proponents, who argue that the bill reflects an important step forward in protecting the rights and well-being of students with disabilities. Supporters see it as an essential piece of legislation that promotes student safety and adheres to recognized standards of restraint and behavior management. However, it also raises concerns from those worried about the implications for discipline within classrooms, as educational staff may feel restricted under the new limitations.

Contention

Notable points of contention surrounding HB 133 involve the debate over how schools will manage students displaying challenging behaviors without the ability to use certain restrictive techniques. Some educators express concerns that the limitations imposed by the bill could hinder their ability to ensure a safe environment for all students, leading to potential complications in behavior management. There may be discussions about finding the right balance between protecting students' rights and enabling educators to maintain order and safety within the classroom.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 37. Discipline; Law And Order
    • Section: 0021
    • Section: 0023

Companion Bills

TX SB1610

Identical Relating to prohibiting the use of certain restraints on students enrolled in public schools who receive special education services.

Similar Bills

NJ A4503

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

TX SB1584

Relating to positive behavioral interventions and supports for students enrolled in public school who receive special education services.

TX SB1610

Relating to prohibiting the use of certain restraints on students enrolled in public schools who receive special education services.

TX HB3867

Relating to requirements regarding certain behavior management for a student enrolled in a special education program of a public school and related reporting requirements regarding the use of restraint.

TX HB459

Relating to prohibiting the use of certain restraints or chemical irritants on certain public school students.

TX HB785

Relating to behavior improvement plans and behavioral intervention plans for certain public school students and notification and documentation requirements regarding certain behavior management techniques.

TX HB55

Relating to requirements regarding certain behavior management for a student enrolled in a special education program of a public school.

TX HB409

Relating to requirements regarding certain behavior management for a student enrolled in a special education program of a public school.