Texas 2023 - 88th Regular

Texas House Bill HB5216 Compare Versions

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1	1	88R6542 JES-F
2	2	By: Bucy H.B. No. 5216
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the behavioral management of a student enrolled in a
8	8	special education program of a school district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 7.028(a), Education Code, is amended to
11	11	read as follows:
12	12	(a) Except as provided by Section 21.006(k), 22.093(l),
13	13	22.096, 28.006, 29.001(5), 29.005(k), 29.010(a), 33.006(h),
14	14	38.003, or 39.003, the agency may monitor compliance with
15	15	requirements applicable to a process or program provided by a
16	16	school district, campus, program, or school granted charters under
17	17	Chapter 12, including the process described by Subchapter F,
18	18	Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
19	19	I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to
20	20	ensure:
21	21	(1) compliance with federal law and regulations;
22	22	(2) financial accountability, including compliance
23	23	with grant requirements;
24	24	(3) data integrity for purposes of:
25	25	(A) the Public Education Information Management
26	26	System (PEIMS); and
27	27	(B) accountability under Chapters 39 and 39A; and
28	28	(4) qualification for funding under Chapter 48.
29	29	SECTION 2. Section 29.005, Education Code, is amended by
30	30	amending Subsection (g) and adding Subsections (i), (j), and (k) to
31	31	read as follows:
32	32	(g) The commissioner by rule shall require the committee to
33	33	develop [may determine that] a behavior improvement plan or a
34	34	behavioral intervention plan under Section 29.0053 if [is]
35	35	appropriate for a student for whom the committee has developed an
36	36	individualized education program. If the committee develops a
37	37	[makes that determination, the] behavior improvement plan or [the]
38	38	behavioral intervention plan, the plan must [shall] be included as
39	39	part of the student's individualized education program and provided
40	40	to each employee of the school district [teacher] with
41	41	responsibility for educating or monitoring the student.
42	42	(i) To the extent permitted by federal law, the rules
43	43	adopted by the commissioner under Subsection (g) shall require the
44	44	committee, when developing or determining the appropriateness of a
45	45	behavior improvement plan or behavioral intervention plan, to
46	46	include, in addition to the persons under Subsection (a):
47	47	(1) a licensed assistant behavior analyst or licensed
48	48	behavior analyst, as defined by Section 506.002, Occupations Code;
49	49	(2) a licensed specialist in school psychology, as
50	50	defined by Section 501.002, Occupations Code; or
51	51	(3) a mental health professional, as defined by
52	52	Section 61.601, or a teacher certified in special education who has
53	53	been trained in functional behavior assessment by a licensed
54	54	behavior analyst, as defined by Section 506.002, Occupations Code.
55	55	(j) Before an educator who is a member of the committee
56	56	participates in conducting a functional behavioral assessment for
57	57	purposes of developing a behavior improvement plan or behavioral
58	58	intervention plan for the student, the member must attend training
59	59	approved by the agency and provided by a licensed assistant
60	60	behavior analyst or licensed behavior analyst, as defined by
61	61	Section 506.002, Occupations Code, on appropriate behavioral
62	62	interventions.
63	63	(k) The commissioner by rule shall develop procedures
64	64	designed to allow the agency to:
65	65	(1) audit and monitor school districts to ensure that
66	66	districts are complying with this section, rules adopted under this
67	67	section, and Section 29.0053;
68	68	(2) identify any difficulties school districts
69	69	experience in complying with this section, rules adopted under this
70	70	section, and Section 29.0053; and
71	71	(3) develop reasonable and appropriate remedial
72	72	strategies to address noncompliance by school districts and to
73	73	ensure the purposes of this section, the rules adopted under this
74	74	section, and Section 29.0053 are accomplished.
75	75	SECTION 3. Subchapter A, Chapter 29, Education Code, is
76	76	amended by adding Section 29.0053 to read as follows:
77	77	Sec. 29.0053. BEHAVIOR IMPROVEMENT PLAN OR BEHAVIORAL
78	78	INTERVENTION PLAN. (a) A behavior improvement plan or behavioral
79	79	intervention plan may only be developed for a student who has
80	80	exhibited consistent and persistent maladaptive behavior and for
81	81	whom an individualized education program is developed under Section
82	82	29.005.
83	83	(b) A student's admission, review, and dismissal committee
84	84	shall conduct a functional behavior assessment over a period of 45
85	85	calendar days for the student before developing a behavior
86	86	improvement plan or behavioral intervention plan. The functional
87	87	behavior assessment must include:
88	88	(1) a review of any medical, academic, and
89	89	disciplinary records for the student;
90	90	(2) interviews with and surveys of the student, the
91	91	student's parents or legal guardians, the student's teachers, and
92	92	any other educators with knowledge of the student on relevant
93	93	subjects, including the motivations and preferences of the student;
94	94	(3) an analysis of direct observations of the student
95	95	in multiple school environments performed by multiple members of
96	96	the committee no less frequently than once a week and at different
97	97	times throughout the school day;
98	98	(4) a detailed functional analysis of the student's
99	99	behavior, including a description of the causes and consequences of
100	100	the behavior;
101	101	(5) a summary of the methods used to collect data, the
102	102	data collected, and the manner in which the data was reviewed;
103	103	(6) a description of which of the student's
104	104	maladaptive behaviors relate to the student's disability or
105	105	impairment; and
106	106	(7) recommendations for the behavior improvement plan
107	107	or behavioral intervention plan, including possible alternative
108	108	behaviors, proactive and research-based strategies to address
109	109	behavior, and any changes to the student's individualized education
110	110	program that may be required.
111	111	(c) A behavior improvement plan or behavioral intervention
112	112	plan must include specific instruction on the levels of behavioral
113	113	intervention appropriate for the student, including an explanation
114	114	of the behaviors constituting a behavioral crisis for the student.
115	115	(d) A behavior improvement plan or behavioral intervention
116	116	plan may not be significantly amended without an updated functional
117	117	behavior assessment.
118	118	(e) A behavior improvement plan or behavioral intervention
119	119	plan must provide appropriate consequences if the student violates
120	120	the student code of conduct adopted under Section 37.001.
121	121	(f) A behavior improvement plan or behavioral intervention
122	122	plan must designate members of the student's admission, review, and
123	123	dismissal committee as a response team for the student to be
124	124	contacted when the student experiences a behavioral crisis. The
125	125	response team must respond in an appropriate amount of time to each
126	126	instance of behavioral crisis for the student.
127	127	(g) After responding to a behavioral crisis under
128	128	Subsection (f), a response team shall document the crisis.
129	129	SECTION 4. Section 37.0021, Education Code, is amended by
130	130	amending Subsection (d) and adding Subsection (j) to read as
131	131	follows:
132	132	(d) The commissioner by rule shall adopt procedures for the
133	133	use of restraint and time-out by a school district employee or
134	134	volunteer or an independent contractor of a district in the case of
135	135	a student with a disability receiving special education services
136	136	under Subchapter A, Chapter 29. A procedure adopted under this
137	137	subsection must:
138	138	(1) be consistent with:
139	139	(A) professionally accepted practices and
140	140	standards of student discipline and techniques for behavior
141	141	management; and
142	142	(B) relevant health and safety standards;
143	143	(2) [identify any discipline management practice or
144	144	behavior management technique that requires a district employee or
145	145	volunteer or an independent contractor of a district to be trained
146	146	before using that practice or technique; and
147	147	[(3)] require a school district to:
148	148	(A) provide written notification to the
149	149	student's parent or person standing in parental relation to the
150	150	student for each use of restraint that includes:
151	151	(i) the name of the student;
152	152	(ii) the name of the district employee or
153	153	volunteer or independent contractor of the district who
154	154	administered the restraint;
155	155	(iii) the date of the restraint;
156	156	(iv) the time that the restraint started
157	157	and ended;
158	158	(v) the location of the restraint;
159	159	(vi) the nature of the restraint;
160	160	(vii) a description of the activity in
161	161	which the student was engaged immediately preceding the use of the
162	162	restraint;
163	163	(viii) the behavior of the student that
164	164	prompted the restraint;
165	165	(ix) any efforts made to de-escalate the
166	166	situation and any alternatives to restraint that were attempted;
167	167	(x) if the student has a behavior
168	168	improvement plan or a behavioral intervention plan, whether the
169	169	plan may need to be revised as a result of the behavior that led to
170	170	the restraint; and
171	171	(xi) if the student does not have a behavior
172	172	improvement plan or a behavioral intervention plan, information on
173	173	the procedure for the student's parent or person standing in
174	174	parental relation to the student to request an admission, review,
175	175	and dismissal committee meeting to discuss the possibility of
176	176	conducting a functional behavioral assessment of the student and
177	177	developing a plan for the student;
178	178	(B) include in a student's special education
179	179	eligibility school records:
180	180	(i) a copy of the written notification
181	181	provided to the student's parent or person standing in parental
182	182	relation to the student under Paragraph (A);
183	183	(ii) information on the method by which the
184	184	written notification was sent to the parent or person; and
185	185	(iii) the contact information for the
186	186	parent or person to whom the district sent the notification; and
187	187	(C) if the student has a behavior improvement
188	188	plan or behavioral intervention plan, document each use of time-out
189	189	prompted by a behavior of the student specified in the student's
190	190	plan, including a description of the behavior that prompted the
191	191	time-out; and
192	192	(3) provide that:
193	193	(A) under this section, only members of an
194	194	admission, review, and dismissal committee designated as a response
195	195	team to a student under Section 29.0053(f) may restrain that
196	196	student; and
197	197	(B) a peace officer may not be involved in the
198	198	behavioral management of a student under this section unless:
199	199	(i) requested by a member of the student's
200	200	admission, review, and dismissal committee; or
201	201	(ii) the student poses an imminent threat
202	202	of serious bodily injury to any person.
203	203	(j) The commissioner shall adopt rules requiring each
204	204	educator and school employee whose primary duty involves regular,
205	205	direct contact with students to receive training on the behavior
206	206	improvement plan or behavioral intervention plan for each student
207	207	the educator or employee has regular, direct contact with and the
208	208	use of positive behavioral intervention and appropriate behavioral
209	209	management.
210	210	SECTION 5. (a) Not later than December 1, 2023, the
211	211	commissioner of education shall adopt rules under Sections 29.005
212	212	and 37.0021, Education Code, as amended by this Act.
213	213	(b) Notwithstanding Section 29.005(j), Education Code, as
214	214	added by this Act, an educator who is a member of an admission,
215	215	review, and dismissal committee must complete the training required
216	216	by Section 29.005(j), Education Code, as added by this Act, not
217	217	later than September 1, 2024.
218	218	(c) Notwithstanding Section 37.0021(j), Education Code, as
219	219	added by this Act, educators and school employees whose primary
220	220	duty involves regular, direct contact with students must complete
221	221	the training required by Section 37.0021(j), Education Code, as
222	222	added by this Act, not later than September 1, 2024.
223	223	SECTION 6. This Act applies beginning with the 2023-2024
224	224	school year.
225	225	SECTION 7. This Act takes effect immediately if it receives
226	226	a vote of two-thirds of all the members elected to each house, as
227	227	provided by Section 39, Article III, Texas Constitution. If this
228	228	Act does not receive the vote necessary for immediate effect, this
229	229	Act takes effect September 1, 2023.