88R6542 JES-F
By: Bucy H.B. No. 5216
A BILL TO BE ENTITLED
AN ACT
relating to the behavioral management of a student enrolled in a
special education program of a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 21.006(k), 22.093(l),
22.096, 28.006, 29.001(5), 29.005(k), 29.010(a), 33.006(h),
38.003, or 39.003, the agency may monitor compliance with
requirements applicable to a process or program provided by a
school district, campus, program, or school granted charters under
Chapter 12, including the process described by Subchapter F,
Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to
ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 2. Section 29.005, Education Code, is amended by
amending Subsection (g) and adding Subsections (i), (j), and (k) to
read as follows:
(g) The commissioner by rule shall require the committee to
develop [may determine that] a behavior improvement plan or a
behavioral intervention plan under Section 29.0053 if [is]
appropriate for a student for whom the committee has developed an
individualized education program. If the committee develops a
[makes that determination, the] behavior improvement plan or [the]
behavioral intervention plan, the plan must [shall] be included as
part of the student's individualized education program and provided
to each employee of the school district [teacher] with
responsibility for educating or monitoring the student.
(i) To the extent permitted by federal law, the rules
adopted by the commissioner under Subsection (g) shall require the
committee, when developing or determining the appropriateness of a
behavior improvement plan or behavioral intervention plan, to
include, in addition to the persons under Subsection (a):
(1) a licensed assistant behavior analyst or licensed
behavior analyst, as defined by Section 506.002, Occupations Code;
(2) a licensed specialist in school psychology, as
defined by Section 501.002, Occupations Code; or
(3) a mental health professional, as defined by
Section 61.601, or a teacher certified in special education who has
been trained in functional behavior assessment by a licensed
behavior analyst, as defined by Section 506.002, Occupations Code.
(j) Before an educator who is a member of the committee
participates in conducting a functional behavioral assessment for
purposes of developing a behavior improvement plan or behavioral
intervention plan for the student, the member must attend training
approved by the agency and provided by a licensed assistant
behavior analyst or licensed behavior analyst, as defined by
Section 506.002, Occupations Code, on appropriate behavioral
interventions.
(k) The commissioner by rule shall develop procedures
designed to allow the agency to:
(1) audit and monitor school districts to ensure that
districts are complying with this section, rules adopted under this
section, and Section 29.0053;
(2) identify any difficulties school districts
experience in complying with this section, rules adopted under this
section, and Section 29.0053; and
(3) develop reasonable and appropriate remedial
strategies to address noncompliance by school districts and to
ensure the purposes of this section, the rules adopted under this
section, and Section 29.0053 are accomplished.
SECTION 3. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0053 to read as follows:
Sec. 29.0053. BEHAVIOR IMPROVEMENT PLAN OR BEHAVIORAL
INTERVENTION PLAN. (a) A behavior improvement plan or behavioral
intervention plan may only be developed for a student who has
exhibited consistent and persistent maladaptive behavior and for
whom an individualized education program is developed under Section
29.005.
(b) A student's admission, review, and dismissal committee
shall conduct a functional behavior assessment over a period of 45
calendar days for the student before developing a behavior
improvement plan or behavioral intervention plan. The functional
behavior assessment must include:
(1) a review of any medical, academic, and
disciplinary records for the student;
(2) interviews with and surveys of the student, the
student's parents or legal guardians, the student's teachers, and
any other educators with knowledge of the student on relevant
subjects, including the motivations and preferences of the student;
(3) an analysis of direct observations of the student
in multiple school environments performed by multiple members of
the committee no less frequently than once a week and at different
times throughout the school day;
(4) a detailed functional analysis of the student's
behavior, including a description of the causes and consequences of
the behavior;
(5) a summary of the methods used to collect data, the
data collected, and the manner in which the data was reviewed;
(6) a description of which of the student's
maladaptive behaviors relate to the student's disability or
impairment; and
(7) recommendations for the behavior improvement plan
or behavioral intervention plan, including possible alternative
behaviors, proactive and research-based strategies to address
behavior, and any changes to the student's individualized education
program that may be required.
(c) A behavior improvement plan or behavioral intervention
plan must include specific instruction on the levels of behavioral
intervention appropriate for the student, including an explanation
of the behaviors constituting a behavioral crisis for the student.
(d) A behavior improvement plan or behavioral intervention
plan may not be significantly amended without an updated functional
behavior assessment.
(e) A behavior improvement plan or behavioral intervention
plan must provide appropriate consequences if the student violates
the student code of conduct adopted under Section 37.001.
(f) A behavior improvement plan or behavioral intervention
plan must designate members of the student's admission, review, and
dismissal committee as a response team for the student to be
contacted when the student experiences a behavioral crisis. The
response team must respond in an appropriate amount of time to each
instance of behavioral crisis for the student.
(g) After responding to a behavioral crisis under
Subsection (f), a response team shall document the crisis.
SECTION 4. Section 37.0021, Education Code, is amended by
amending Subsection (d) and adding Subsection (j) to read as
follows:
(d) The commissioner by rule shall adopt procedures for the
use of restraint and time-out by a school district employee or
volunteer or an independent contractor of a district in the case of
a student with a disability receiving special education services
under Subchapter A, Chapter 29. A procedure adopted under this
subsection must:
(1) be consistent with:
(A) professionally accepted practices and
standards of student discipline and techniques for behavior
management; and
(B) relevant health and safety standards;
(2) [identify any discipline management practice or
behavior management technique that requires a district employee or
volunteer or an independent contractor of a district to be trained
before using that practice or technique; and
[(3)] require a school district to:
(A) provide written notification to the
student's parent or person standing in parental relation to the
student for each use of restraint that includes:
(i) the name of the student;
(ii) the name of the district employee or
volunteer or independent contractor of the district who
administered the restraint;
(iii) the date of the restraint;
(iv) the time that the restraint started
and ended;
(v) the location of the restraint;
(vi) the nature of the restraint;
(vii) a description of the activity in
which the student was engaged immediately preceding the use of the
restraint;
(viii) the behavior of the student that
prompted the restraint;
(ix) any efforts made to de-escalate the
situation and any alternatives to restraint that were attempted;
(x) if the student has a behavior
improvement plan or a behavioral intervention plan, whether the
plan may need to be revised as a result of the behavior that led to
the restraint; and
(xi) if the student does not have a behavior
improvement plan or a behavioral intervention plan, information on
the procedure for the student's parent or person standing in
parental relation to the student to request an admission, review,
and dismissal committee meeting to discuss the possibility of
conducting a functional behavioral assessment of the student and
developing a plan for the student;
(B) include in a student's special education
eligibility school records:
(i) a copy of the written notification
provided to the student's parent or person standing in parental
relation to the student under Paragraph (A);
(ii) information on the method by which the
written notification was sent to the parent or person; and
(iii) the contact information for the
parent or person to whom the district sent the notification; and
(C) if the student has a behavior improvement
plan or behavioral intervention plan, document each use of time-out
prompted by a behavior of the student specified in the student's
plan, including a description of the behavior that prompted the
time-out; and
(3) provide that:
(A) under this section, only members of an
admission, review, and dismissal committee designated as a response
team to a student under Section 29.0053(f) may restrain that
student; and
(B) a peace officer may not be involved in the
behavioral management of a student under this section unless:
(i) requested by a member of the student's
admission, review, and dismissal committee; or
(ii) the student poses an imminent threat
of serious bodily injury to any person.
(j) The commissioner shall adopt rules requiring each
educator and school employee whose primary duty involves regular,
direct contact with students to receive training on the behavior
improvement plan or behavioral intervention plan for each student
the educator or employee has regular, direct contact with and the
use of positive behavioral intervention and appropriate behavioral
management.
SECTION 5. (a) Not later than December 1, 2023, the
commissioner of education shall adopt rules under Sections 29.005
and 37.0021, Education Code, as amended by this Act.
(b) Notwithstanding Section 29.005(j), Education Code, as
added by this Act, an educator who is a member of an admission,
review, and dismissal committee must complete the training required
by Section 29.005(j), Education Code, as added by this Act, not
later than September 1, 2024.
(c) Notwithstanding Section 37.0021(j), Education Code, as
added by this Act, educators and school employees whose primary
duty involves regular, direct contact with students must complete
the training required by Section 37.0021(j), Education Code, as
added by this Act, not later than September 1, 2024.
SECTION 6. This Act applies beginning with the 2023-2024
school year.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.