89R8695 BCH-D
By: Lalani H.B. No. 2875
A BILL TO BE ENTITLED
AN ACT
relating to the development and adoption by school districts of
local policies to address eloping behavior by students with autism
or other intellectual or developmental disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.031 to read as follows:
Sec. 29.031. LOCAL POLICY ON ELOPING BEHAVIOR. (a) In this
section, "eloping" means the act of leaving a safe or supervised
area unexpectedly and without notice, often as a result of a sensory
trigger, anxiety, or an inability to communicate effectively.
(b) A school district may adopt and implement a local policy
to address eloping by a student with autism or another intellectual
or developmental disability that emphasizes:
(1) behavioral support plans incorporated in the
individualized education program developed for the student under
Section 29.005 or the plan developed for the student under Section
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
(2) staff training to better understand the causes of
eloping, de-escalation techniques, and other effective safety
measures; and
(3) nonpunitive policies that ensure eloping
incidents are not treated as disciplinary infractions.
(c) A policy adopted under this section may not treat
eloping as intentionally absconding or fleeing for an unlawful
purpose.
(d) Subject to Subsection (c), a school district may
collaborate with law enforcement and emergency services agencies to
develop protocols for safely recovering students who elope.
SECTION 2. This Act applies beginning with the 2025-2026
school year.
SECTION 3. 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, 2025.