HB409 - Relating to requirements regarding certain behavior management for a student enrolled in a special education program of a public school.

  89R1503 PRL-F     By: Bucy H.B. No. 409       A BILL TO BE ENTITLED   AN ACT   relating to requirements regarding certain behavior management for   a student enrolled in a special education program of a public   school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.0021, Education Code, is amended by   amending Subsection (d) and adding Subsection (d-1) to read as   follows:          (d)  Subject to Subsection (j), 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;                (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 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;                            (iii)  the date of the restraint;                            (iv)  the time that the restraint started   and ended;                            (v)  the location of the restraint;                            (vi)  the nature of the restraint;                            (vii)  a description of the activity in   which the student was engaged immediately preceding the use of the   restraint;                            (viii)  the behavior of the student that   prompted the restraint;                            (ix)  any efforts made to de-escalate the   situation and any alternatives to restraint that were attempted;                            (x)  if the student has a behavior   improvement plan or a behavioral intervention plan, whether the   plan may need to be revised as a result of the behavior that led to   the restraint; [ and ]                            (xi)  if the student does not have a behavior   improvement plan or a behavioral intervention plan, information on   the procedure for the student's parent or person standing in   parental relation to the student to request an admission, review,   and dismissal committee meeting to discuss the possibility of   conducting a functional behavioral assessment of the student and   developing a plan for the student ; and                             (xii)     whether a mental and physical health   screening described by Subsection (d-1) was conducted within a   reasonable amount of time after the incident by appropriate school   officials, including a nurse or school counselor, and the results   of the screening ;                      (B)  include in a student's special education   eligibility school records:                            (i)  a copy of the written notification   provided to the student's parent or person standing in parental   relation to the student under Paragraph (A);                            (ii)  information on the method by which the   written notification was sent to the parent or person; [ and ]                            (iii)  the contact information for the   parent or person to whom the district sent the notification ; and                             (iv)     a copy of the mental and physical   health screening described by Subsection (d-1) and the results of   the screening ; and                      (C)  if the student has a behavior improvement   plan or behavioral intervention plan, document each use of time-out   prompted by a behavior of the student specified in the student's   plan, including a description of the behavior that prompted the   time-out.           (d-1)     A procedure adopted by the commissioner under   Subsection (d) must require a school district after an incident of   the use of restraint to conduct an overall health assessment for the   purpose of assessing the student's holistic well-being that:                 (1)     includes evidence-based assessments, as   determined by the commissioner, for a:                       (A)     mental health screening performed by a school   counselor, school psychologist, or similarly qualified district   professional; and                       (B)     physical health screening performed by a   school nurse or similarly qualified district professional; and                 (2)     is performed within a reasonable amount of time   after the incident, as determined by the commissioner.          SECTION 2.  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, 2025.