Texas 2023 - 88th Regular

Texas House Bill HB3867

Filed
3/7/23  
Out of House Committee
4/18/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

The bill amends existing Texas Education Code to strengthen the protocols surrounding the use of restraint on special education students. It establishes clear expectations for documentation and reporting incidents of restraint, which must include detailed information about the event and subsequent health assessments. This legislative change aims to enhance transparency and accountability in the treatment of vulnerable students after incidents that require restraint, potentially leading to improved practices and better outcomes in specialized settings.

Summary

House Bill 3867 focuses on the management of behavior for students enrolled in special education programs within public schools. The bill mandates that after an incident of physical restraint, school personnel are required to conduct a mental and physical health wellness check on the student involved. This procedure aims to ensure that students' holistic well-being is assessed, which is expected to include evaluations from qualified school professionals like counselors and nurses. The initiative reflects a growing recognition of the need for comprehensive mental and physical oversight of students who may experience stressful situations in their educational environment.

Sentiment

The reception of HB 3867 has been largely positive among educators and advocates for special education, who see it as a proactive step in protecting students' rights and health following restraint incidents. Supporters argue that the required health checks will help identify any immediate psychological or physiological needs of the students, thereby promoting their well-being. However, some concerns have also been raised regarding the implementation burden on schools and the adequacy of training provided to staff tasked with managing such critical assessments.

Contention

Key points of contention surround the feasibility and effectiveness of the mandated health assessments, as well as the potential implications for school staff who may already feel overwhelmed by existing duties. While advocates praise the bill for addressing crucial aspects of student care post-restraint, skeptics worry about adequate resources and training which are necessary to execute the bill's requirements effectively. The discussion reflects broader conversations in educational policy about how best to balance student safety, well-being, and educational staff capabilities.

Texas Constitutional Statutes Affected

Education Code

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

Companion Bills

No companion bills found.

Similar Bills

TX SB1584

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

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 HB133

Relating to prohibiting the use of certain restraints on students enrolled in public schools 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 HB111

Relating to prohibiting the physical restraint of or use of chemical irritants on certain public school students by peace officers and school security personnel under certain circumstances.

TX SB133

Relating to prohibiting the physical restraint of or use of chemical irritants or Tasers on certain public school students by peace officers and school security personnel under certain circumstances.

TX HB459

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

TX HB55

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