1 | 1 | | 89R5376 PRL-D |
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2 | 2 | | By: González of El Paso H.B. No. 4193 |
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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 measures for ensuring safety and security in public |
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10 | 10 | | schools, including certain training for school district personnel |
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11 | 11 | | and parents of certain students. |
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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. Section 21.044(a-1), Education Code, is amended |
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14 | 14 | | to read as follows: |
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15 | 15 | | (a-1) Any training requirements for a certificate specified |
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16 | 16 | | under Subsection (a) must require that the person demonstrate: |
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17 | 17 | | (1) basic knowledge of: |
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18 | 18 | | (A) each disability category under the |
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19 | 19 | | Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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20 | 20 | | et seq.) and how each category can affect student learning and |
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21 | 21 | | development; and |
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22 | 22 | | (B) conditions that may be considered a |
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23 | 23 | | disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
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24 | 24 | | Section 794), and how a condition covered by that section can affect |
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25 | 25 | | student learning and development; |
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26 | 26 | | (2) competence in the use of proactive instructional |
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27 | 27 | | planning techniques that: |
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28 | 28 | | (A) provide flexibility in the ways: |
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29 | 29 | | (i) information is presented; |
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30 | 30 | | (ii) students respond or demonstrate |
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31 | 31 | | knowledge and skills; and |
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32 | 32 | | (iii) students are engaged; |
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33 | 33 | | (B) reduce barriers in instruction; |
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34 | 34 | | (C) provide appropriate accommodations, |
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35 | 35 | | supports, and challenges; and |
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36 | 36 | | (D) maintain high achievement expectations for |
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37 | 37 | | all students, including students with disabilities and students of |
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38 | 38 | | limited English proficiency; |
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39 | 39 | | (3) competence in the use of evidence-based inclusive |
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40 | 40 | | instructional practices, including: |
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41 | 41 | | (A) general and special education collaborative |
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42 | 42 | | and co-teaching models and approaches; |
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43 | 43 | | (B) multitiered systems of support, including |
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44 | 44 | | response to intervention strategies, classroom and school level |
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45 | 45 | | data-based collaborative structures, and evidence-based strategies |
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46 | 46 | | for intervention and progress monitoring systems in academic areas; |
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47 | 47 | | (C) classroom management techniques using |
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48 | 48 | | evidence-based behavioral intervention strategies and supports and |
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49 | 49 | | de-escalation techniques; and |
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50 | 50 | | (D) appropriate adaptation strategies, including |
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51 | 51 | | accommodations, modifications, and instruction in the use of |
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52 | 52 | | assistive technology for instruction; and |
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53 | 53 | | (4) thorough understanding of and competence in the |
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54 | 54 | | use of open education resource instructional materials included on |
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55 | 55 | | the list of approved instructional materials maintained by the |
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56 | 56 | | State Board of Education under Section 31.022 in each subject area |
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57 | 57 | | and grade level covered by the person's certificate. |
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58 | 58 | | SECTION 2. Section 29.041(3), Education Code, is amended to |
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59 | 59 | | read as follows: |
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60 | 60 | | (3) "Supplemental special education services" means |
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61 | 61 | | an additive service that provides an educational benefit to a |
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62 | 62 | | student receiving special education services under Subchapter A, |
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63 | 63 | | including: |
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64 | 64 | | (A) occupational therapy, physical therapy, and |
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65 | 65 | | speech therapy; [and] |
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66 | 66 | | (B) private tutoring and other supplemental |
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67 | 67 | | private instruction or programs; and |
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68 | 68 | | (C) crisis intervention training for the |
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69 | 69 | | student's parent. |
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70 | 70 | | SECTION 3. Section 37.0021, Education Code, is amended by |
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71 | 71 | | adding Subsections (k) and (l) to read as follows: |
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72 | 72 | | (k) Subject to Subsection (l), the commissioner by rule |
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73 | 73 | | shall adopt procedures relating to training for school district |
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74 | 74 | | personnel in de-escalation techniques. The procedures must |
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75 | 75 | | include: |
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76 | 76 | | (1) standards for determining: |
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77 | 77 | | (A) which personnel, including support staff and |
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78 | 78 | | law enforcement, should receive the training; and |
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79 | 79 | | (B) the amount of training the personnel should |
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80 | 80 | | receive, with priority for a higher degree of training that |
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81 | 81 | | includes physical interventions given to personnel who are exposed |
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82 | 82 | | to the greatest risk of student-involved crisis; and |
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83 | 83 | | (2) recommendations regarding the minimum frequency |
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84 | 84 | | of retraining necessary, which may be: |
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85 | 85 | | (A) an annual course; or |
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86 | 86 | | (B) as needed, based on the students served by |
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87 | 87 | | the personnel. |
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88 | 88 | | (l) Notwithstanding any other law, any de-escalation |
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89 | 89 | | technique training requirement adopted under Subsection (k) is not |
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90 | 90 | | an additional training requirement and may be combined with or |
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91 | 91 | | substituted, provided the de-escalation training addresses a |
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92 | 92 | | majority of the content covered in the substituted training, for |
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93 | 93 | | other related trainings, including: |
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94 | 94 | | (1) trauma-informed care training required under |
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95 | 95 | | Section 38.036(c); and |
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96 | 96 | | (2) training on strategies for establishing and |
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97 | 97 | | maintaining positive relationships among students, including |
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98 | 98 | | conflict resolution, required as part of a school district's staff |
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99 | 99 | | development under Section 21.451(d). |
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100 | 100 | | SECTION 4. Section 37.115(c), Education Code, as amended by |
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101 | 101 | | Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the 88th |
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102 | 102 | | Legislature, Regular Session, 2023, is reenacted and amended to |
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103 | 103 | | read as follows: |
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104 | 104 | | (c) The board of trustees of each school district shall |
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105 | 105 | | establish a threat assessment and safe and supportive school team |
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106 | 106 | | to serve at each campus of the district and shall adopt policies and |
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107 | 107 | | procedures for the teams. The team is responsible for developing |
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108 | 108 | | and implementing the safe and supportive school program under |
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109 | 109 | | Subsection (b) at the district campus served by the team. The |
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110 | 110 | | policies and procedures adopted under this section must: |
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111 | 111 | | (1) be consistent with the model policies and |
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112 | 112 | | procedures developed by the Texas School Safety Center; |
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113 | 113 | | (2) require each team to complete training provided by |
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114 | 114 | | the Texas School Safety Center or a regional education service |
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115 | 115 | | center regarding evidence-based threat assessment programs; |
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116 | 116 | | (3) require each team established under this section |
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117 | 117 | | to report the information required under Subsection (k) regarding |
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118 | 118 | | the team's activities to the agency; [and] |
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119 | 119 | | (4) provide for: |
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120 | 120 | | (A) a district employee who reports a potential |
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121 | 121 | | threat to a team to elect for the employee's identity to be |
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122 | 122 | | confidential and not subject to disclosure under Chapter 552, |
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123 | 123 | | Government Code, except as necessary for the team, the district, or |
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124 | 124 | | law enforcement to investigate the potential threat; and |
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125 | 125 | | (B) the district to maintain a record of the |
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126 | 126 | | identity of a district employee who elects for the employee's |
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127 | 127 | | identity to be confidential under Paragraph (A); |
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128 | 128 | | (5) [(4)] require each district campus to establish a |
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129 | 129 | | clear procedure for a student to report concerning behavior |
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130 | 130 | | exhibited by another student for assessment by the team or other |
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131 | 131 | | appropriate school employee; and |
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132 | 132 | | (6) encourage each team established under this section |
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133 | 133 | | to form an incident reduction committee to develop and implement |
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134 | 134 | | preventative and proactive incident reduction measures. |
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135 | 135 | | SECTION 5. To the extent of any conflict, this Act prevails |
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136 | 136 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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137 | 137 | | relating to nonsubstantive additions to and corrections in enacted |
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138 | 138 | | codes. |
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139 | 139 | | SECTION 6. As soon as practicable after the effective date |
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140 | 140 | | of this Act, the commissioner of education shall adopt the rules |
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141 | 141 | | required by Section 37.0021(k), Education Code, as added by this |
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142 | 142 | | Act. |
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143 | 143 | | SECTION 7. This Act takes effect September 1, 2025. |
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