Texas 2023 - 88th 3rd C.S.

Texas House Bill HB55

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

Caption

Relating to requirements regarding certain behavior management for a student enrolled in a special education program of a public school.

Impact

If enacted, HB55 will significantly enhance the regulations surrounding the treatment and management of students with disabilities in Texas public schools. This legislation will impose standardized procedures across school districts for implementing behavior management techniques, particularly restraints, thereby aiming to improve student experiences in special education. By mandating health assessments following incidents of restraint, the bill places emphasis on the holistic well-being of students, fostering an environment of accountability within educational settings.

Summary

House Bill 55 addresses behavior management requirements for students enrolled in special education programs in public schools. The bill mandates the Texas Commissioner of Education to develop rules regarding restraint and time-out procedures used by school district employees, volunteers, or contractors. Specifically, HB55 seeks to enhance the safety and well-being of students by ensuring that any use of restraint is in line with accepted professional practices and is properly documented. Schools must provide written notifications to parents whenever restraint is used, detailing the circumstances of each instance and outlining subsequent health assessments.

Sentiment

The sentiment surrounding HB55 appears to be largely supportive, with advocates highlighting its potential to protect vulnerable students and ensure they receive appropriate interventions tailored to their needs. Several educators, parental advocacy groups, and disability rights organizations endorse the idea of establishing clear guidelines and expectations for the management of behavior in classroom settings. However, there are concerns regarding the feasibility of implementing strict regulations, especially in terms of training staff and ensuring compliance across diverse school districts.

Contention

Notable points of contention regarding HB55 include debates over the practicality of the proposed restraint and notification procedures. Critics have raised questions about the effectiveness of additional training requirements for staff, considering that many schools may already struggle with resource allocation. Moreover, concerns about potential bureaucratic overload in documenting each use of restraint, including the timing and nature of such actions, could extend beyond educational burdens to affect overall school operations. Additionally, there is apprehension that, while aiming to safeguard student rights, the bill could inadvertently complicate schools' efforts to address immediate behavioral issues efficiently.

Texas Constitutional Statutes Affected

Education Code

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

Companion Bills

No companion bills found.

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 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.

TX HB459

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

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.