Bill Text: TX HB785 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to behavior improvement plans and behavioral intervention plans for certain public school students and notification and documentation requirements regarding certain behavior management techniques.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2021-06-04 - Effective immediately [HB785 Detail]
Download: Texas-2021-HB785-Enrolled.html
H.B. No. 785 |
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relating to behavior improvement plans and behavioral intervention | ||
plans for certain public school students and notification and | ||
documentation requirements regarding certain behavior management | ||
techniques. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.005, Education Code, is amended by | ||
adding Subsection (h) to read as follows: | ||
(h) If a behavior improvement plan or a behavioral | ||
intervention plan is included as part of a student's individualized | ||
education program under Subsection (g), the committee shall review | ||
the plan at least annually and more frequently if appropriate to | ||
address: | ||
(1) changes in a student's circumstances that may | ||
impact the student's behavior, such as: | ||
(A) the placement of the student in a different | ||
educational setting; | ||
(B) an increase or persistence in disciplinary | ||
actions taken regarding the student for similar types of behavioral | ||
incidents; | ||
(C) a pattern of unexcused absences; or | ||
(D) an unauthorized unsupervised departure from | ||
an educational setting; or | ||
(2) the safety of the student or others. | ||
SECTION 2. Section 37.0021(d), Education Code, is amended | ||
to read as follows: | ||
(d) The commissioner by rule shall adopt procedures for the | ||
use of restraint and time-out by a school district employee or | ||
volunteer or an independent contractor of a district in the case of | ||
a student with a disability receiving special education services | ||
under Subchapter A, Chapter 29. A procedure adopted under this | ||
subsection must: | ||
(1) be consistent with: | ||
(A) professionally accepted practices and | ||
standards of student discipline and techniques for behavior | ||
management; and | ||
(B) relevant health and safety standards; [ |
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(2) identify any discipline management practice or | ||
behavior management technique that requires a district employee or | ||
volunteer or an independent contractor of a district to be trained | ||
before using that practice or technique; and | ||
(3) require a school district to: | ||
(A) provide written notification to the | ||
student's parent or person standing in parental relation to the | ||
student for each use of restraint that includes: | ||
(i) the name of the student; | ||
(ii) the name of the district employee or | ||
volunteer or independent contractor of the district who | ||
administered the restraint; | ||
(iii) the date of the restraint; | ||
(iv) the time that the restraint started | ||
and ended; | ||
(v) the location of the restraint; | ||
(vi) the nature of the restraint; | ||
(vii) a description of the activity in | ||
which the student was engaged immediately preceding the use of the | ||
restraint; | ||
(viii) the behavior of the student that | ||
prompted the restraint; | ||
(ix) any efforts made to de-escalate the | ||
situation and any alternatives to restraint that were attempted; | ||
(x) if the student has a behavior | ||
improvement plan or a behavioral intervention plan, whether the | ||
plan may need to be revised as a result of the behavior that led to | ||
the restraint; and | ||
(xi) if the student does not have a behavior | ||
improvement plan or a behavioral intervention plan, information on | ||
the procedure for the student's parent or person standing in | ||
parental relation to the student to request an admission, review, | ||
and dismissal committee meeting to discuss the possibility of | ||
conducting a functional behavioral assessment of the student and | ||
developing a plan for the student; | ||
(B) include in a student's special education | ||
eligibility school records: | ||
(i) a copy of the written notification | ||
provided to the student's parent or person standing in parental | ||
relation to the student under Paragraph (A); | ||
(ii) information on the method by which the | ||
written notification was sent to the parent or person; and | ||
(iii) the contact information for the | ||
parent or person to whom the district sent the notification; and | ||
(C) if the student has a behavior improvement | ||
plan or behavioral intervention plan, document each use of time-out | ||
prompted by a behavior of the student specified in the student's | ||
plan, including a description of the behavior that prompted the | ||
time-out. | ||
SECTION 3. Section 37.004, Education Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) If a school district takes a disciplinary action | ||
regarding a student with a disability who receives special | ||
education services that constitutes a change in placement under | ||
federal law, the district shall: | ||
(1) not later than the 10th school day after the change | ||
in placement: | ||
(A) seek consent from the student's parent or | ||
person standing in parental relation to the student to conduct a | ||
functional behavioral assessment of the student, if a functional | ||
behavioral assessment has never been conducted on the student or | ||
the student's most recent functional behavioral assessment is more | ||
than one year old; and | ||
(B) review any previously conducted functional | ||
behavioral assessment of the student and any behavior improvement | ||
plan or behavioral intervention plan developed for the student | ||
based on that assessment; and | ||
(2) as necessary: | ||
(A) develop a behavior improvement plan or | ||
behavioral intervention plan for the student if the student does | ||
not have a plan; or | ||
(B) if the student has a behavior improvement | ||
plan or behavioral intervention plan, revise the student's plan. | ||
SECTION 4. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 5. 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, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 785 was passed by the House on April | ||
8, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 785 was passed by the Senate on May | ||
19, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |