82R7833 PAM-F
	By: Walle	H.B. No. 1340

	A BILL TO BE ENTITLED
	AN ACT
	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.