Texas 2023 - 88th Regular

Texas House Bill HB459 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19852 DIO-D
2	2	By: Hull, González of El Paso, Cain, Moody, H.B. No. 459
3	3	Lozano, et al.
4	4	Substitute the following for H.B. No. 459:
5	5	By: Landgraf C.S.H.B. No. 459
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to prohibiting the use of certain restraints or chemical
11	11	irritants on certain public school students.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 37.0021, Education Code, is amended by
14	14	amending Subsection (d) and adding Subsection (j) to read as
15	15	follows:
16	16	(d) Subject to Subsection (j), the [The] commissioner by
17	17	rule shall adopt procedures for the use of restraint and time-out by
18	18	a school district employee or volunteer or an independent
19	19	contractor of a district in the case of a student with a disability
20	20	receiving special education services under Subchapter A, Chapter
21	21	29. A procedure adopted under this subsection must:
22	22	(1) be consistent with:
23	23	(A) professionally accepted practices and
24	24	standards of student discipline and techniques for behavior
25	25	management; and
26	26	(B) relevant health and safety standards;
27	27	(2) identify any discipline management practice or
28	28	behavior management technique that requires a district employee or
29	29	volunteer or an independent contractor of a district to be trained
30	30	before using that practice or technique; [and]
31	31	(3) require a school district to:
32	32	(A) provide written notification to the
33	33	student's parent or person standing in parental relation to the
34	34	student for each use of restraint that includes:
35	35	(i) the name of the student;
36	36	(ii) the name of the district employee or
37	37	volunteer or independent contractor of the district who
38	38	administered the restraint;
39	39	(iii) the date of the restraint;
40	40	(iv) the time that the restraint started
41	41	and ended;
42	42	(v) the location of the restraint;
43	43	(vi) the nature of the restraint;
44	44	(vii) a description of the activity in
45	45	which the student was engaged immediately preceding the use of the
46	46	restraint;
47	47	(viii) the behavior of the student that
48	48	prompted the restraint;
49	49	(ix) any efforts made to de-escalate the
50	50	situation and any alternatives to restraint that were attempted;
51	51	(x) if the student has a behavior
52	52	improvement plan or a behavioral intervention plan, whether the
53	53	plan may need to be revised as a result of the behavior that led to
54	54	the restraint; and
55	55	(xi) if the student does not have a behavior
56	56	improvement plan or a behavioral intervention plan, information on
57	57	the procedure for the student's parent or person standing in
58	58	parental relation to the student to request an admission, review,
59	59	and dismissal committee meeting to discuss the possibility of
60	60	conducting a functional behavioral assessment of the student and
61	61	developing a plan for the student;
62	62	(B) include in a student's special education
63	63	eligibility school records:
64	64	(i) a copy of the written notification
65	65	provided to the student's parent or person standing in parental
66	66	relation to the student under Paragraph (A);
67	67	(ii) information on the method by which the
68	68	written notification was sent to the parent or person; and
69	69	(iii) the contact information for the
70	70	parent or person to whom the district sent the notification; and
71	71	(C) if the student has a behavior improvement
72	72	plan or behavioral intervention plan, document each use of time-out
73	73	prompted by a behavior of the student specified in the student's
74	74	plan, including a description of the behavior that prompted the
75	75	time-out; and
76	76	(4) prohibit a district employee or volunteer or an
77	77	independent contractor of a district from using any variation of a
78	78	restraint or other technique that results in full body
79	79	immobilization of the student in a prone or supine position on the
80	80	floor or ground.
81	81	(j) A peace officer performing law enforcement duties or
82	82	school security personnel performing security-related duties on
83	83	school property or at a school-sponsored or school-related activity
84	84	may not restrain or use a chemical irritant spray on a student 10
85	85	years of age or younger unless the student poses an imminent risk of
86	86	harm to the student or another person.
87	87	SECTION 2. As soon as practicable after the effective date
88	88	of this Act, the commissioner of education in consultation with the
89	89	continuing advisory committee established under Section 29.006,
90	90	Education Code, shall adopt rules as necessary to implement Section
91	91	37.0021, Education Code, as amended by this Act, including rules to
92	92	provide any required definitions of terms.
93	93	SECTION 3. This Act applies beginning with the 2023-2024
94	94	school year.
95	95	SECTION 4. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2023.