Bill Text: TX SB1584 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to positive behavioral interventions and supports for students enrolled in public school who receive special education services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2015-05-14 - Referred to Public Education [SB1584 Detail]
Download: Texas-2015-SB1584-Engrossed.html
By: Lucio, Menéndez | S.B. No. 1584 |
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relating to positive behavioral interventions and supports for | ||
students enrolled in public school who receive special education | ||
services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.451(d), Education Code, is amended to | ||
read as follows: | ||
(d) The staff development: | ||
(1) may include training in: | ||
(A) technology; | ||
(B) conflict resolution; | ||
(C) discipline strategies, including positive | ||
behavioral intervention and supports strategies, classroom | ||
management, district discipline policies, and the student code of | ||
conduct adopted under Section 37.001 and Chapter 37; and | ||
(D) protecting students from bullying, including | ||
preventing, identifying, responding to, and reporting incidents of | ||
bullying; [ |
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(2) subject to Subsection (e) and to Section 21.3541 | ||
and rules adopted under that section, must include training based | ||
on scientifically based research, as defined by Section 9101, No | ||
Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that: | ||
(A) relates to instruction of students with | ||
disabilities; and | ||
(B) is designed for educators who work primarily | ||
outside the area of special education; and | ||
(3) must include training to ensure that adequately | ||
trained school district personnel are available to work effectively | ||
with the positive behavioral intervention and support needs of | ||
students eligible for the district special education program. | ||
SECTION 2. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.021 to read as follows: | ||
Sec. 29.021. POSITIVE BEHAVIORAL INTERVENTIONS AND | ||
SUPPORTS. (a) In this section: | ||
(1) "Behavior specialist professional" includes: | ||
(A) a behavior analyst certified by the Behavior | ||
Analyst Certification Board; | ||
(B) a clinical psychologist; | ||
(C) a licensed specialist in school psychology; | ||
or | ||
(D) any other special education professional, | ||
appropriately certified as determined by the commissioner, with | ||
experience, knowledge, and training in conducting a functional | ||
behavioral assessment and developing a positive behavioral | ||
intervention plan for a student whose behavior interferes with the | ||
ability of that student or another student to learn. | ||
(2) "Licensed specialist in school psychology" has the | ||
meaning assigned by Section 501.002, Occupations Code. | ||
(3) "Restraint," "seclusion," and "time-out" have the | ||
meanings assigned by Section 37.0021. | ||
(b) It is the policy of this state that each school district | ||
to the maximum extent possible should provide functional behavioral | ||
assessments to a student whose behavior interferes with the ability | ||
of that student or of another student to learn. The result of | ||
student assessments shall be used to develop and provide positive | ||
behavioral interventions and supports and other strategies to | ||
enhance academic and social behavioral outcomes for students by: | ||
(1) emphasizing the use of data to inform decisions | ||
regarding selecting, implementing, and monitoring the progress of | ||
evidence-based behavioral practices; | ||
(2) organizing resources and systems to improve the | ||
faithful implementation and sustainability of positive behavioral | ||
interventions and supports strategies; and | ||
(3) providing training in the use of restraint in | ||
accordance with Subsection (c). | ||
(c) Training in the use of restraint provided as required | ||
under Subsection (b)(3) must: | ||
(1) ensure that a core team of personnel at each | ||
campus, including a campus administrator or the administrator's | ||
designee and any general or special education personnel likely to | ||
use restraint, are trained in the use of restraint; | ||
(2) ensure that any other personnel called on to use | ||
restraint are trained in the use of restraint; | ||
(3) ensure that any personnel called on to use | ||
restraint in an emergency situation that have not been previously | ||
trained receive training not later than the 30th day after the date | ||
restraint was used; | ||
(4) include training in: | ||
(A) prevention techniques; | ||
(B) de-escalation techniques; and | ||
(C) alternatives to the use of restraint; and | ||
(5) include instruction in current professionally | ||
accepted practices and standards regarding behavior management and | ||
the use of restraint. | ||
(d) A school district shall provide positive behavioral | ||
interventions and supports and related strategies under this | ||
section in a manner that: | ||
(1) ensures a student's freedom from restraint and | ||
seclusion except as provided by Section 37.0021 and rules adopted | ||
by the commissioner under that section; | ||
(2) respects human dignity and personal privacy and | ||
does not cause pain or trauma to a student; and | ||
(3) ensures a student's right to placement in the least | ||
restrictive educational environment. | ||
(e) In the case of a student enrolled in a special education | ||
program under this subchapter, a school district may use restraint | ||
and time-out only as provided by Section 37.0021 and rules adopted | ||
by the commissioner under that section. | ||
(f) A school district may not use restraint as a substitute | ||
for or as part of a behavioral intervention plan developed under | ||
Section 29.005(g). | ||
(g) Each behavioral emergency restraint report prepared as | ||
provided by Section 37.0021(d)(3) shall be reviewed by the | ||
principal of the school or the principal's designee and the | ||
district administrator designated for that purpose as provided by | ||
Section 37.0021(d)(4)(A) to: | ||
(1) determine whether: | ||
(A) restraint was repeatedly used for an | ||
individual student; or | ||
(B) restraint was used multiple times in the same | ||
classroom or by the same individual; and | ||
(2) recommend a meeting of a student's admission, | ||
review, and dismissal committee to, as appropriate: | ||
(A) revise strategies to enhance academic and | ||
social behavioral outcomes for a student; | ||
(B) conduct an updated functional behavioral | ||
assessment; or | ||
(C) revise a behavioral intervention plan to | ||
address behavior that poses imminent danger of serious physical | ||
harm to a student or another person in accordance with the | ||
requirements of 34 C.F.R. Section 300.324 relating to the revision | ||
of the individualized education program to address a lack of | ||
expected progress. | ||
(h) The student's admission, review, and dismissal | ||
committee shall review any behavioral emergency restraint report | ||
prepared under Section 37.0021(d)(3) concerning the student and: | ||
(1) consider the impact of the student's behavior on | ||
the ability of that student or another student to learn; and | ||
(2) determine the need to create or revise a | ||
behavioral intervention plan. | ||
(i) If the student's admission, review, and dismissal | ||
committee determines that the creation or revision of a behavioral | ||
intervention plan is necessary, the committee shall create or | ||
revise the plan and determine the need for school district | ||
personnel who will implement the plan to participate in training by | ||
a behavior specialist professional. The committee shall monitor | ||
the implementation and results of the plan and determine the need | ||
for any revision of the plan or any additional training for school | ||
personnel. | ||
SECTION 3. Section 37.0021, Education Code, is amended by | ||
amending Subsection (d) and adding Subsections (d-1), (d-2), (d-3), | ||
(d-4), and (d-5) to read as follows: | ||
(d) Restraint may be used in the case of a student with a | ||
disability receiving special education services under Subchapter | ||
A, Chapter 29, only in circumstances involving imminent serious | ||
physical harm to the student or another person. 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; | ||
(3) require a school that has used restraint for a | ||
student to prepare a behavioral emergency restraint report | ||
concerning the use of restraint not later than the third school day | ||
after the date of the incident; | ||
(4) require the principal of a school that has used | ||
restraint for a student to: | ||
(A) submit a copy of the report prepared under | ||
Subdivision (3) for review to a district administrator designated | ||
by the district superintendent as the responsible official for that | ||
purpose; and | ||
(B) maintain a copy of the report in the | ||
student's eligibility folder; | ||
(5) require the report prepared under Subdivision (3) | ||
to include: | ||
(A) the name, age, gender, race or ethnicity, and | ||
grade level of the student; | ||
(B) the date and the beginning and ending time of | ||
the restraint; | ||
(C) the location and setting of the restraint; | ||
(D) the name of district personnel or any other | ||
person who was involved in or administered the restraint; | ||
(E) a description of the incident and the | ||
precipitating factors, including the activity in which the student | ||
was engaged immediately preceding the use of restraint and the | ||
behavior that prompted the restraint; | ||
(F) the specific nature or type of restraint | ||
used; | ||
(G) a statement indicating whether the student | ||
currently has a behavioral intervention plan and identifying any | ||
efforts made to de-escalate the situation and any alternatives to | ||
the use of restraint that were attempted; | ||
(H) details of any injury sustained by the | ||
student or another person as a result of the incident and any | ||
medical care provided; and | ||
(I) information documenting parent contact and | ||
notification; | ||
(6) require the school that has used restraint for a | ||
student to: | ||
(A) not later than the end of the school day on | ||
which the school used restraint, notify the parent or person | ||
standing in parental relation to the student regarding the use of | ||
the restraint; and | ||
(B) not later than the third school day after the | ||
date on which the school used restraint, provide a copy of the | ||
report prepared under Subdivision (3) to the parent or person | ||
standing in parental relation to the student; | ||
(7) require the student's admission, review, and | ||
dismissal committee to: | ||
(A) collect information regarding the use of | ||
time-out in connection with the student's individualized education | ||
program; and | ||
(B) evaluate the information to determine: | ||
(i) the effectiveness of the use of | ||
time-out; and | ||
(ii) whether the use of time-out should be | ||
continued; and | ||
(8) if the student is subjected to an intervention | ||
described by Subsection (d-3), require the district to provide | ||
notice to the parent or person standing in parental relation to the | ||
student regarding that intervention not later than the end of the | ||
school day on which the student was subjected to the intervention. | ||
(d-1) In adopting procedures under Subsection (d), the | ||
commissioner shall include a procedure relating to the | ||
administration of restraint that immobilizes a student on the | ||
floor. The procedure shall require a school district employee or | ||
volunteer or an independent contractor of a school district who | ||
administers an authorized restraint to a student who becomes prone | ||
or supine during the restraint to immediately transition the | ||
student to an appropriate position. | ||
(d-2) The behavioral emergency restraint report required | ||
under Subsection (d)(3) may not duplicate existing reporting | ||
requirements imposed by commissioner rule or required to be | ||
submitted through the Public Education Information Management | ||
System (PEIMS). | ||
(d-3) A school district or a school district employee or | ||
volunteer or an independent contractor of a school district may not | ||
authorize, order, consent to, or pay for any of the following: | ||
(1) an intervention that is designed to or likely to | ||
cause physical pain, including electric shock or any procedure that | ||
involves the use of pressure points or joint locks; | ||
(2) an intervention that involves the directed release | ||
of a noxious, toxic, or otherwise unpleasant spray, mist, or | ||
substance near the student's face; | ||
(3) an intervention that denies adequate sleep, air, | ||
food, water, shelter, bedding, physical comfort, or access to a | ||
restroom facility; | ||
(4) an intervention that involves subjecting the | ||
student to verbal abuse, ridicule, or humiliation or that can be | ||
expected to cause the student emotional trauma; | ||
(5) a restrictive intervention that employs a device, | ||
material, or object that simultaneously immobilizes all four | ||
extremities, including any procedure that results in such | ||
immobilization known as prone or supine floor restraint; | ||
(6) an intervention that impairs the student's | ||
breathing, including any procedure that involves: | ||
(A) applying pressure to the student's torso or | ||
neck; or | ||
(B) obstructing the student's airway, including | ||
placing an object in, on, or over the student's mouth or nose or | ||
placing a bag, cover, or mask over the student's face; | ||
(7) an intervention that restricts the student's | ||
circulation; | ||
(8) an intervention that secures the student to a | ||
stationary object while the student is in a sitting or standing | ||
position; | ||
(9) an intervention that inhibits, reduces, or hinders | ||
the student's ability to communicate; | ||
(10) an intervention that involves the use of a | ||
chemical restraint; | ||
(11) an intervention that prevents observation by a | ||
direct line of sight or otherwise precludes adequate supervision of | ||
the student, including isolating the student in a classroom by the | ||
use of physical barriers; or | ||
(12) an intervention that deprives the student of the | ||
use of one or more of the student's senses. | ||
(d-4) For purposes of Subsection (d-3)(11), an intervention | ||
that denies the student academic instruction by a certified | ||
educator constitutes an intervention that precludes adequate | ||
supervision. | ||
(d-5) In adopting procedures under this section, the | ||
commissioner shall provide guidance to school district employees, | ||
volunteers, and independent contractors of school districts in | ||
avoiding a violation of Subsection (d-3). | ||
SECTION 4. This Act applies beginning with the 2015-2016 | ||
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, 2015. |