Texas 2023 - 88th Regular

Texas House Bill HB133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R416 BDP-F
2	2	By: González of El Paso H.B. No. 133
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the use of certain restraints on students
8	8	enrolled in public schools who receive special education services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 37.0021(d), Education Code, is amended
11	11	to read as follows:
12	12	(d) The commissioner by rule shall adopt procedures for the
13	13	use of restraint and time-out by a school district employee or
14	14	volunteer or an independent contractor of a district in the case of
15	15	a student with a disability receiving special education services
16	16	under Subchapter A, Chapter 29. A procedure adopted under this
17	17	subsection must:
18	18	(1) be consistent with:
19	19	(A) professionally accepted practices and
20	20	standards of student discipline and techniques for behavior
21	21	management; and
22	22	(B) relevant health and safety standards;
23	23	(2) identify any discipline management practice or
24	24	behavior management technique that requires a district employee or
25	25	volunteer or an independent contractor of a district to be trained
26	26	before using that practice or technique; [and]
27	27	(3) require a school district to:
28	28	(A) provide written notification to the
29	29	student's parent or person standing in parental relation to the
30	30	student for each use of restraint that includes:
31	31	(i) the name of the student;
32	32	(ii) the name of the district employee or
33	33	volunteer or independent contractor of the district who
34	34	administered the restraint;
35	35	(iii) the date of the restraint;
36	36	(iv) the time that the restraint started
37	37	and ended;
38	38	(v) the location of the restraint;
39	39	(vi) the nature of the restraint;
40	40	(vii) a description of the activity in
41	41	which the student was engaged immediately preceding the use of the
42	42	restraint;
43	43	(viii) the behavior of the student that
44	44	prompted the restraint;
45	45	(ix) any efforts made to de-escalate the
46	46	situation and any alternatives to restraint that were attempted;
47	47	(x) if the student has a behavior
48	48	improvement plan or a behavioral intervention plan, whether the
49	49	plan may need to be revised as a result of the behavior that led to
50	50	the restraint; and
51	51	(xi) if the student does not have a behavior
52	52	improvement plan or a behavioral intervention plan, information on
53	53	the procedure for the student's parent or person standing in
54	54	parental relation to the student to request an admission, review,
55	55	and dismissal committee meeting to discuss the possibility of
56	56	conducting a functional behavioral assessment of the student and
57	57	developing a plan for the student;
58	58	(B) include in a student's special education
59	59	eligibility school records:
60	60	(i) a copy of the written notification
61	61	provided to the student's parent or person standing in parental
62	62	relation to the student under Paragraph (A);
63	63	(ii) information on the method by which the
64	64	written notification was sent to the parent or person; and
65	65	(iii) the contact information for the
66	66	parent or person to whom the district sent the notification; and
67	67	(C) if the student has a behavior improvement
68	68	plan or behavioral intervention plan, document each use of time-out
69	69	prompted by a behavior of the student specified in the student's
70	70	plan, including a description of the behavior that prompted the
71	71	time-out; and
72	72	(4) prohibit a district employee or volunteer or an
73	73	independent contractor of a district from:
74	74	(A) using any variation of a floor or ground
75	75	restraint or other technique that results in immobilization of the
76	76	student in a prone or supine position; and
77	77	(B) fully taking a student down to the floor or
78	78	ground, except when necessary to assist a student with a health
79	79	emergency.
80	80	SECTION 2. Section 37.0023(b), Education Code, is amended
81	81	to read as follows:
82	82	(b) A school district or school district employee or
83	83	volunteer or an independent contractor of a school district may not
84	84	apply an aversive technique, or by authorization, order, or
85	85	consent, cause an aversive technique to be applied, to a student.
86	86	Nothing in this section authorizes the use of a restraint
87	87	prohibited by Section 37.0021(d) by a district employee or
88	88	volunteer or an independent contractor of a district on a student
89	89	with a disability receiving special education services under
90	90	Subchapter A, Chapter 29.
91	91	SECTION 3. This Act applies beginning with the 2023-2024
92	92	school year.
93	93	SECTION 4. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2023.