Bill Text: TX HB1340 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the use of positive behavioral interventions and supports in public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB1340 Detail]
Download: Texas-2011-HB1340-Introduced.html
82R7833 PAM-F | ||
By: Walle | H.B. No. 1340 |
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relating to the use of positive behavioral interventions and | ||
supports in public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 2, Education Code, is amended | ||
by adding Chapter 10 to read as follows: | ||
CHAPTER 10. STATE PLAN FOR STATEWIDE POSITIVE BEHAVIORAL | ||
INTERVENTIONS AND SUPPORTS | ||
Sec. 10.001. STATEWIDE POSITIVE BEHAVIORAL INTERVENTIONS | ||
AND SUPPORTS LEADERSHIP TEAM. In this chapter, "leadership team" | ||
means the Statewide Positive Behavioral Interventions and Supports | ||
Leadership Team. | ||
Sec. 10.002. PURPOSES OF LEADERSHIP TEAM. (a) The | ||
leadership team is established to: | ||
(1) provide leadership related to assessing, | ||
developing, implementing, managing, and evaluating a statewide | ||
schoolwide system of positive behavioral interventions and | ||
supports for students; | ||
(2) align policies and resources of appropriate state | ||
agencies to support: | ||
(A) the local implementation of statewide | ||
schoolwide positive behavioral interventions and supports; and | ||
(B) state-level activities for coordination of | ||
training, coaching, and evaluation related to implementation of the | ||
statewide schoolwide positive behavioral interventions and | ||
supports; | ||
(3) develop and implement a statewide plan, including | ||
an infrastructure, that provides a framework for the adoption and | ||
implementation of positive behavioral interventions and supports | ||
in school districts using a continuum of research-based | ||
interventions to achieve academically and behaviorally significant | ||
outcomes for all students; and | ||
(4) identify funding available for school districts to | ||
use in implementing statewide schoolwide positive behavioral | ||
interventions and supports. | ||
(b) To the greatest extent possible, the leadership team | ||
shall strive toward integration of entities that have, and | ||
resources intended for, a common behavior-related mission. | ||
Sec. 10.003. COMPOSITION OF LEADERSHIP TEAM. (a) The | ||
leadership team is composed of: | ||
(1) at least four representatives from the agency, | ||
including representation of the divisions responsible for: | ||
(A) curriculum and instruction; | ||
(B) general education programs; | ||
(C) special education programs; | ||
(D) alternative education programs; | ||
(E) dropout prevention initiatives; | ||
(F) safe and drug-free school programs; | ||
(G) student health services, including | ||
counseling and mental health services; | ||
(H) data development, analysis, and research and | ||
statewide data initiatives; and | ||
(I) information analysis; | ||
(2) representatives from at least four independent | ||
school districts that vary in the number of students enrolled and | ||
are geographically diverse, two of which are implementing | ||
schoolwide positive behavioral interventions and supports and two | ||
of which are not implementing schoolwide positive behavioral | ||
interventions and supports; | ||
(3) representatives from at least three regional | ||
education service centers that are geographically diverse, | ||
including the service center that provides statewide leadership for | ||
the Texas Behavior Support network; | ||
(4) at least two representatives from the Department | ||
of State Health Services, including representation of divisions | ||
responsible for mental health and substance abuse, child and | ||
adolescent services, and school health programs; | ||
(5) representatives from at least two institutions of | ||
higher education with expertise in schoolwide positive behavioral | ||
interventions and supports; | ||
(6) one representative from the Texas Integrated | ||
Funding Initiative of the Office of Program Coordination for | ||
Children and Youth of the Health and Human Services Commission; | ||
(7) one representative from the Texas Collaborative | ||
for Emotional Development in Schools project of the agency's | ||
Division of IDEA Coordination; | ||
(8) one representative from the Texas Juvenile | ||
Probation Commission; | ||
(9) one representative from the Texas Youth | ||
Commission; | ||
(10) at least three persons who are members of a public | ||
school student's family, to be appointed by the commissioner of | ||
health and human services in consultation with personnel associated | ||
with the Texas Integrated Funding Initiative of the Office of | ||
Program Coordination for Children and Youth of the Health and Human | ||
Services Commission; and | ||
(11) any other positive behavioral interventions and | ||
supports experts as determined appropriate by the coordinating | ||
entity described by Section 10.005. | ||
(b) The executive director, executive commissioner, or | ||
commissioner, as appropriate, of each state agency represented on | ||
the leadership team shall appoint each representative for that | ||
agency on the leadership team. Except as provided by Subsection | ||
(a)(10), the coordinating entity described by Section 10.005 shall | ||
appoint representatives for the remaining categories included on | ||
the leadership team. | ||
(c) A leadership team member must be an individual who has | ||
responsibilities and participates in activities associated with: | ||
(1) preventing the development and occurrence of | ||
problem behavior; | ||
(2) developing and maintaining general and | ||
specialized behavioral capacity or competence; and | ||
(3) managing and evaluating resources related to | ||
providing behavioral supports. | ||
Sec. 10.004. MEMBER TERMS. Leadership team members serve | ||
four-year terms. | ||
Sec. 10.005. ADMINISTRATIVE COORDINATION OF LEADERSHIP | ||
TEAM. (a) The Office of Program Coordination for Children and | ||
Youth of the Health and Human Services Commission shall issue a | ||
request for proposals to select an institution of higher education | ||
to coordinate and provide administrative support to the leadership | ||
team. The institution of higher education selected as the | ||
coordinating entity for the leadership team under this section must | ||
demonstrate: | ||
(1) expertise in schoolwide positive behavioral | ||
interventions and supports; | ||
(2) the ability to evaluate statewide outcomes; and | ||
(3) the ability to successfully partner with state | ||
agencies, school districts, and regional education service | ||
centers. | ||
(b) The coordinating entity shall use the | ||
telecommunications capabilities of the agency or regional | ||
education service centers to facilitate participation of | ||
leadership team members as necessary. | ||
Sec. 10.006. DUTIES AND RESPONSIBILITIES OF LEADERSHIP | ||
TEAM. (a) The leadership team shall: | ||
(1) identify and evaluate existing organizational | ||
structures, resources, and initiatives that address the behavioral | ||
needs of students across the state that should be enhanced or | ||
combined for efficiency; | ||
(2) identify and evaluate, or review any recent | ||
evaluations of, programs that provide services to address the | ||
behavioral needs of students across the state and provide | ||
recommendations for school districts to implement the programs more | ||
effectively and at lower costs; | ||
(3) identify state policies that can be aligned to | ||
support the local implementation and evaluation of statewide | ||
schoolwide positive behavioral interventions and supports; | ||
(4) develop the statewide plan described by Section | ||
10.007; | ||
(5) identify funding resources that can be made | ||
available to districts to facilitate implementation of statewide | ||
schoolwide positive behavioral interventions and supports with | ||
fidelity to a model method or process; and | ||
(6) develop eligibility criteria and a process to | ||
determine which districts may receive available funding to | ||
implement statewide schoolwide positive behavioral interventions | ||
and supports. | ||
(b) For purposes of Subsection (a)(2), the leadership team | ||
shall identify and evaluate, or review any recent evaluations of, | ||
programs as described by that subdivision, including the following | ||
programs: | ||
(1) coordinated health programs under Chapter 38; | ||
(2) the Texas Student Assistance Program Initiative; | ||
(3) the Communities in Schools program under | ||
Subchapter E, Chapter 33; | ||
(4) positive behavioral interventions and supports | ||
programs, including such programs provided though local mental | ||
health authorities; | ||
(5) training programs relating to positive behavioral | ||
interventions and supports provided through regional education | ||
service centers; and | ||
(6) response to intervention programs. | ||
(c) For purposes of Subsection (a)(6), the leadership team | ||
shall develop eligibility criteria to allow school districts that | ||
are implementing and that are not implementing schoolwide positive | ||
behavioral interventions and supports to apply for funding to | ||
implement and administer schoolwide positive behavioral | ||
interventions and supports. | ||
Sec. 10.007. STATEWIDE PLAN. (a) The leadership team, | ||
after considering comments from the public and with technical | ||
assistance from the National Technical Assistance Center on | ||
Positive Behavioral Interventions and Supports, shall develop a | ||
three- to five-year prevention-based statewide action plan that: | ||
(1) emphasizes coordination and the alignment of | ||
resources at the state, regional, and local levels; | ||
(2) provides an organized infrastructure, as | ||
described by Subsection (b), to provide assistance to school | ||
districts implementing statewide schoolwide positive behavioral | ||
interventions and supports; | ||
(3) defines research-based training, curriculum, and | ||
professional development practices; | ||
(4) identifies personnel and resources for | ||
facilitating, assisting, maintaining, and adapting district | ||
implementation efforts for initial training and ongoing | ||
implementation support; | ||
(5) establishes guidelines and structure for the | ||
training at each infrastructure level as necessary; | ||
(6) identifies campus-based information systems that | ||
meet the needs of local decision makers and that provide the type of | ||
behavioral data needed for decision making within a positive | ||
behavioral interventions and supports framework, including the | ||
number of: | ||
(A) referrals to disciplinary alternative | ||
education programs; | ||
(B) office discipline referrals each school day | ||
for each 100 students; | ||
(C) office discipline referrals by type of | ||
problem behavior; | ||
(D) office discipline referrals by campus | ||
location; | ||
(E) office discipline referrals by student; | ||
(F) office discipline referrals by staff member; | ||
and | ||
(G) student absences; | ||
(7) identifies a mechanism and process to determine: | ||
(A) the extent to which districts are using | ||
statewide schoolwide positive behavioral interventions and | ||
supports; | ||
(B) the impact of statewide schoolwide positive | ||
behavioral interventions and supports on student outcomes; | ||
(C) the extent to which the statewide plan is | ||
implemented; and | ||
(D) any other measures considered appropriate by | ||
the leadership team; | ||
(8) identifies recurring funding; | ||
(9) provides guidance for policy development and | ||
implementation; | ||
(10) provides for the dissemination of information and | ||
best practices; | ||
(11) provides for management of public relations; | ||
(12) identifies opportunities for campuses and | ||
districts to tailor implementation to best meet the needs of their | ||
students; | ||
(13) establishes a recognition system for districts | ||
that are implementing statewide schoolwide positive behavioral | ||
interventions and supports with fidelity to a model method or | ||
process; and | ||
(14) identifies a process to authorize districts that | ||
began implementing positive behavioral interventions and supports | ||
with fidelity to a model method or process before implementation of | ||
the statewide plan and are following a different model than | ||
provided under the statewide plan to be eligible for resources, | ||
recognition, and support and to continue to document successes and | ||
outcomes under a model implemented before the statewide plan was | ||
developed. | ||
(b) For purposes of Subsection (a)(2), the statewide plan | ||
must: | ||
(1) include defined responsibilities for each level in | ||
the infrastructure; | ||
(2) include state, regional, district, and campus | ||
infrastructure levels; | ||
(3) provide a definition of each infrastructure level | ||
and include a description of: | ||
(A) personnel who would be qualified to be | ||
appointed to the leadership team at that level; and | ||
(B) the leadership team member's | ||
responsibilities at that level; and | ||
(4) provide leadership team members at the local and | ||
regional levels authority to implement statewide schoolwide | ||
positive behavioral interventions and supports. | ||
(c) The statewide plan may include strategies to integrate | ||
social and emotional learning. | ||
(d) The statewide plan may include opportunities for staff | ||
from other child service systems to receive training in statewide | ||
schoolwide positive behavioral interventions and supports and | ||
other research-based practices demonstrated to support the | ||
academic and behavioral success of all students. | ||
Sec. 10.008. COOPERATION WITH OTHER AGENCIES TO IMPLEMENT | ||
PLAN. (a) A state agency member of the leadership team may enter | ||
into a memorandum of understanding, representing the member's | ||
respective state agency, with another state agency, consistent with | ||
the authority granted to each respective state agency, to implement | ||
any method, process, policy, or recommendation identified or | ||
developed through the statewide plan under Section 10.007. | ||
(b) Before a memorandum of understanding is entered into to | ||
implement a method, process, policy, or recommendation, the | ||
leadership team shall: | ||
(1) identify: | ||
(A) the timeline and proposed outcome of | ||
implementing the method, process, policy, or recommendation; and | ||
(B) benchmarks that may be used to measure the | ||
success of implementing the method, process, policy, or | ||
recommendation; and | ||
(2) assign to each appropriate leadership team member | ||
responsibility for entering into the memorandum of understanding. | ||
Sec. 10.009. ADVISORY BODY. The leadership team may | ||
convene an advisory body to advise the leadership team on its duties | ||
as the leadership team considers necessary. The advisory body must | ||
be composed of representatives with concerns related to the | ||
prevention of problem behavior and the teaching and encouraging of | ||
appropriate social behavior. | ||
Sec. 10.010. REPORT. Not later than October 1 of each | ||
even-numbered year, the leadership team shall submit a report to | ||
the Council on Children and Families regarding the progress of the | ||
statewide plan and the measures of outcomes related to academic and | ||
behavioral performance of students attending school districts | ||
implementing any method, process, policy, or recommendation | ||
identified or developed through the statewide plan. | ||
Sec. 10.011. CONTINUATION OF LEADERSHIP TEAM. After | ||
developing and implementing the statewide plan, the leadership team | ||
shall make recommendations in a report to the legislature and the | ||
governor on the abolition, continuation, or reorganization of the | ||
leadership team and on the need for the performance of the functions | ||
of the leadership team. | ||
SECTION 2. Not later than October 1, 2012, the Statewide | ||
Positive Behavioral Interventions and Supports Leadership Team | ||
shall submit a report to the Council on Children and Families | ||
regarding the progress of the statewide plan as described by | ||
Section 10.007, Education Code, as added by this Act. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2011. | ||
(b) Section 10.010, Education Code, as added by this Act, | ||
takes effect September 1, 2014. |