| 1 | 1 | | 89R8695 BCH-D |
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| 2 | 2 | | By: Lalani H.B. No. 2875 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the development and adoption by school districts of |
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| 10 | 10 | | local policies to address eloping behavior by students with autism |
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| 11 | 11 | | or other intellectual or developmental disabilities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 14 | 14 | | amended by adding Section 29.031 to read as follows: |
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| 15 | 15 | | Sec. 29.031. LOCAL POLICY ON ELOPING BEHAVIOR. (a) In this |
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| 16 | 16 | | section, "eloping" means the act of leaving a safe or supervised |
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| 17 | 17 | | area unexpectedly and without notice, often as a result of a sensory |
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| 18 | 18 | | trigger, anxiety, or an inability to communicate effectively. |
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| 19 | 19 | | (b) A school district may adopt and implement a local policy |
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| 20 | 20 | | to address eloping by a student with autism or another intellectual |
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| 21 | 21 | | or developmental disability that emphasizes: |
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| 22 | 22 | | (1) behavioral support plans incorporated in the |
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| 23 | 23 | | individualized education program developed for the student under |
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| 24 | 24 | | Section 29.005 or the plan developed for the student under Section |
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| 25 | 25 | | 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); |
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| 26 | 26 | | (2) staff training to better understand the causes of |
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| 27 | 27 | | eloping, de-escalation techniques, and other effective safety |
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| 28 | 28 | | measures; and |
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| 29 | 29 | | (3) nonpunitive policies that ensure eloping |
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| 30 | 30 | | incidents are not treated as disciplinary infractions. |
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| 31 | 31 | | (c) A policy adopted under this section may not treat |
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| 32 | 32 | | eloping as intentionally absconding or fleeing for an unlawful |
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| 33 | 33 | | purpose. |
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| 34 | 34 | | (d) Subject to Subsection (c), a school district may |
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| 35 | 35 | | collaborate with law enforcement and emergency services agencies to |
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| 36 | 36 | | develop protocols for safely recovering students who elope. |
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| 37 | 37 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 38 | 38 | | school year. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2025. |
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