Texas 2025 - 89th Regular

Texas House Bill HB409

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, HB 409 will introduce crucial amendments that require school districts to develop specific procedures for the use of restraint and timeout. These procedures must include comprehensive health assessments after incidents involving restraint, which would necessitate mental and physical health screenings to evaluate the student's overall well-being. Such assessments would have to be conducted in a timely manner, as determined by the commissioner, creating a system that prioritizes the students' health directly following behavioral incidents.

Summary

House Bill 409 aims to establish specific requirements regarding behavior management for students enrolled in special education programs within public schools. The bill seeks to amend existing provisions in the Education Code, providing clearer guidelines on the use of restraint and time-out for students with disabilities. One of its main objectives is to ensure that the procedures adopted for behavior management are consistent with recognized professional practices and health standards, thereby safeguarding the well-being of these students during disciplinary actions.

Contention

The bill may provoke discussion and debate regarding the balance between effective behavior management in educational settings and the rights of students in special education. Stakeholders may raise concerns about the appropriateness and application of restraint measures, particularly in how they affect vulnerable populations. Additionally, the requirement for extensive documentation and assessments could be seen either as a necessary protective measure or as an additional regulatory burden on schools, prompting disagreements over the implementation feasibility.

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.