Bill Text: TX SB664 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to behavior improvement plans and behavioral intervention plans for certain public school students and notification requirements regarding certain behavior management techniques.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Education [SB664 Detail]
Download: Texas-2019-SB664-Introduced.html
86R3640 MEW-F | ||
By: Menéndez | S.B. No. 664 |
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relating to behavior improvement plans and behavioral intervention | ||
plans for certain public school students and notification | ||
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) any changes in a student's circumstances, | ||
including: | ||
(A) the placement of the student in a different | ||
educational setting; | ||
(B) a disciplinary action taken regarding the | ||
student; | ||
(C) a variation in the student's attendance; or | ||
(D) a variation in the student's behavior, | ||
including an unauthorized unsupervised departure from an | ||
educational setting; or | ||
(2) the safety of the student or others. | ||
SECTION 2. Section 37.001(a), Education Code, is amended to | ||
read as follows: | ||
(a) The board of trustees of an independent school district | ||
shall, with the advice of its district-level committee established | ||
under Subchapter F, Chapter 11, adopt a student code of conduct for | ||
the district. The student code of conduct must be posted and | ||
prominently displayed at each school campus or made available for | ||
review at the office of the campus principal. In addition to | ||
establishing standards for student conduct, the student code of | ||
conduct must: | ||
(1) specify the circumstances, in accordance with this | ||
subchapter, under which a student may be removed from a classroom, | ||
campus, disciplinary alternative education program, or vehicle | ||
owned or operated by the district; | ||
(2) specify conditions that authorize or require a | ||
principal or other appropriate administrator to transfer a student | ||
to a disciplinary alternative education program; | ||
(3) outline conditions under which a student may be | ||
suspended as provided by Section 37.005 or expelled as provided by | ||
Section 37.007; | ||
(4) specify that consideration will be given, as a | ||
factor in each decision concerning suspension, removal to a | ||
disciplinary alternative education program, expulsion, or | ||
placement in a juvenile justice alternative education program, | ||
regardless of whether the decision concerns a mandatory or | ||
discretionary action, to: | ||
(A) self-defense; | ||
(B) intent or lack of intent at the time the | ||
student engaged in the conduct; | ||
(C) a student's disciplinary history; or | ||
(D) a disability that substantially impairs the | ||
student's capacity to appreciate the wrongfulness of the student's | ||
conduct; | ||
(5) provide guidelines for setting the length of a | ||
term of: | ||
(A) a removal under Section 37.006; and | ||
(B) an expulsion under Section 37.007; | ||
(6) address the notification of a student's parent or | ||
guardian of a violation of the student code of conduct committed by | ||
the student that results in suspension, removal to a disciplinary | ||
alternative education program, or expulsion, including specifying: | ||
(A) if the student has a behavior improvement | ||
plan or a behavioral intervention plan, whether the school district | ||
recommends any revision to the plan; or | ||
(B) if the student does not have a behavior | ||
improvement plan or a behavioral intervention plan, whether the | ||
school district recommends conducting or is required under Section | ||
37.004 to conduct a functional behavioral assessment of the | ||
student; | ||
(7) prohibit bullying, harassment, and making hit | ||
lists and ensure that district employees enforce those | ||
prohibitions; | ||
(8) provide, as appropriate for students at each grade | ||
level, methods, including options, for: | ||
(A) managing students in the classroom, on school | ||
grounds, and on a vehicle owned or operated by the district; | ||
(B) disciplining students; and | ||
(C) preventing and intervening in student | ||
discipline problems, including bullying, harassment, and making | ||
hit lists; and | ||
(9) include an explanation of the provisions regarding | ||
refusal of entry to or ejection from district property under | ||
Section 37.105, including the appeal process established under | ||
Section 37.105(h). | ||
SECTION 3. 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 or time-out 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 or time-out; | ||
(iii) the date of the restraint or | ||
time-out; | ||
(iv) the time that the restraint or | ||
time-out started and ended; | ||
(v) the location of the restraint or | ||
time-out; | ||
(vi) the nature of the restraint or | ||
time-out; | ||
(vii) a description of the activity in | ||
which the student was engaged immediately preceding the use of the | ||
restraint or time-out; | ||
(viii) the behavior of the student that | ||
prompted the restraint or time-out; | ||
(ix) any efforts made to de-escalate the | ||
situation and any alternatives to restraint or time-out that were | ||
attempted; | ||
(x) if the student has a behavior | ||
improvement plan or a behavioral intervention plan, whether the | ||
school district recommends any revision to the plan; and | ||
(xi) if the student does not have a behavior | ||
improvement plan or a behavioral intervention plan, whether the | ||
school district recommends conducting a functional behavioral | ||
assessment of the student; and | ||
(B) include in a student's special education | ||
eligibility school records: | ||
(i) a copy of any written notification | ||
provided to the student's parent or person standing in parental | ||
relation to the student under Paragraph (A); and | ||
(ii) the contact information for the parent | ||
or person who received the notification. | ||
SECTION 4. 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) conduct a functional behavioral assessment | ||
of the student; 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 5. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 6. 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, 2019. |