Bill Text: TX HB111 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas House Bill 111 (Prior Session Legislation)

Introduced

Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-09-24 - Filed [HB111 Detail]

Download: Texas-2021-HB111-Introduced.html

	87S30266 MLH-D

	By: Hull	H.B. No. 111



	A BILL TO BE ENTITLED
	AN ACT
	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 37.0021, Education Code, is amended by
	amending Subsection (d) and adding Subsection (j) to read as
	follows:
	(d) Subject to Subsection (j), the [~~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;
	(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.
	(j) A peace officer performing law enforcement duties or
	school security personnel performing security-related duties on
	school property or at a school-sponsored or school-related activity
	may not restrain or use a chemical irritant spray on a student 10
	years of age or younger unless the student poses a serious risk of
	harm to the student or another person.
	SECTION 2. 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 on the 91st day after the last day of the
	legislative session.