Texas 2023 - 88th Regular

Texas Senate Bill SB1610

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting the use of certain restraints on students enrolled in public schools who receive special education services.

Impact

The enactment of SB1610 could significantly alter the way schools manage discipline for special education students. It sets forth clear prohibitions against using floor or ground restraints, as well as certain aversive techniques. Additionally, the bill mandates comprehensive documentation procedures, requiring instructors to notify parents about each use of restraint, which includes detailed accounts of the incident. These requirements not only enhance accountability within school districts but also promote transparency regarding the treatment of students who may be at greater risk for inappropriate disciplinary measures.

Summary

SB1610 is a legislative proposal aimed at prohibiting certain restraints on students within public schools who receive special education services. The bill amends the Texas Education Code to include stricter regulations on the use of physical restraint and time-out practices specifically for students with disabilities. It seeks to ensure that school district employees, volunteers, and independent contractors follow professionally accepted practices in managing student behavior, and it outlines the necessary training and notification procedures for parents regarding any instance of restraint used on their children. By doing so, the bill aims to create a safer educational environment for vulnerable students.

Sentiment

The sentiment surrounding SB1610 appears to be largely supportive, particularly among advocates for special education. Supporters believe this bill is an important step in protecting students with disabilities from potentially harmful restraint practices. On the contrary, some stakeholders express concern about the feasibility of implementing such stringent regulations, citing potential challenges for educators in managing disruptive behavior in students. Overall, the sentiment indicates a strong push towards safeguarding student rights while balancing the operational realities faced by educators.

Contention

Notable points of contention surrounding SB1610 include the debate over the adequacy of existing training for school staff regarding restraint techniques and the potential impact of the new regulations on student behavior management. Critics of the bill contend that while the protections are crucial, the absence of sufficient training may jeopardize the ability of educators to handle crises effectively. Furthermore, the balance between student safety and the ability of schools to maintain a conducive learning environment presents an ongoing challenge, with stakeholders divided on how best to address these issues within the framework of the law.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 37. Discipline; Law And Order
    • Section: 0021
    • Section: 0023

Companion Bills

TX HB133

Identical Relating to prohibiting the use of certain restraints on students enrolled in public schools who receive special education services.

Similar Bills

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.

NJ S1742

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.

NJ A4676

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 SB1584

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

TX HB133

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.

WA HB1479

Concerning restraint or isolation of students in public schools and educational programs.

TX HB459

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