86R3640 MEW-F
	By: Menéndez	S.B. No. 664

	A BILL TO BE ENTITLED
	AN ACT
	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; [and]
	(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.