Texas 2023 - 88th Regular

Texas House Bill HB459

Filed
11/14/22  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If enacted, HB 459 will amend the Texas Education Code to establish clear guidelines that restrict the use of physical and chemical restraints. Specifically, it emphasizes the prohibition of full-body immobilization techniques unless absolutely necessary, clearly outlining that they should only be used in imminent risk scenarios. The bill mandates improved transparency and reporting requirements for any incidents involving restraints, ensuring that parents are informed and involved in discussions about their child's welfare and behavior management.

Summary

House Bill 459 aims to prohibit the use of certain restraints and chemical irritants on public school students, particularly focusing on vulnerable populations, including those with disabilities. The bill addresses the unacceptable disciplinary practices that have been reported, where students, sometimes as young as four years old, have been subjected to physical restraints or chemical agents for relatively minor infractions. The intent of the legislation is to protect students from potentially harmful disciplinary measures and to promote safer educational environments.

Sentiment

The sentiment around HB 459 appears to be predominantly supportive, with various advocacy groups testifying in favor of the bill. Advocates argue that the measures outlined in the bill are crucial in safeguarding children, particularly those with intellectual and developmental disabilities, from inappropriate and excessive disciplinary actions in schools. However, there are concerns from some educators that these restrictions could limit their ability to maintain discipline effectively and may lead to challenging situations where immediate action is necessary.

Contention

Notable points of contention surrounding HB 459 stem from the potential impact that prohibiting certain restraints may have on teachers' disciplinary authority. While proponents argue for the necessity of such protections and emphasize past abuses, opponents voice concerns regarding practical implementation within classrooms. The discussion highlights a critical balance that must be struck between ensuring student safety and allowing educators the necessary tools to manage disruptive behavior effectively.

Texas Constitutional Statutes Affected

Education Code

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

Companion Bills

TX SB133

Identical 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.

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 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 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 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.