Texas HB 3148: Relating to the behavioral management of a student enrolled in a special education program of a school district.

Bill Text

By:AABucy H.B.ANo.A3148
A BILL TO BE ENTITLED
AN ACT
relating to the behavioral management of a student enrolled in a
special education program of a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 7.028(a), Education Code, is amended to
read as follows:
(a)AAExcept as provided by Section 21.006(k), 22.093(l),
22.096, 28.006, 29.001(5), 29.005(j), 29.010(a), 38.003, or
39.057, the agency may monitor compliance with requirements
applicable to a process or program provided by a school district,
campus, program, or school granted charters under Chapter 12,
including the process described by Subchapter F, Chapter 11, or a
program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
or Subchapter A, Chapter 37, only as necessary to ensure:
(1)AAcompliance with federal law and regulations;
(2)AAfinancial accountability, including compliance
with grant requirements;
(3)AAdata integrity for purposes of:
(A)AAthe Public Education Information Management
System (PEIMS); and
(B)AAaccountability under Chapters 39 and 39A; and
(4)AAqualification for funding under Chapter 48.
SECTIONA2.AASection 29.005, Education Code, is amended by
amending Subsection (g) and adding Subsections (h), (i), and (j) to
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87R5899 TSS-F 1

read as follows:
(g)AAThe commissioner by rule shall require the committee to
develop [may determine that] a behavior improvement plan or a
behavioral intervention plan [is] under Section 29.0052 if
appropriate for a student for whom the committee has developed an
individualized education program. If the committee develops a
[makes that determination, the] behavior improvement plan or [the]
behavioral intervention plan, the plan must [shall] be included as
part of the student’s individualized education program and provided
to each employee of the school district [teacher] with
responsibility for educating or monitoring the student.
(h)AATo the extent permitted by federal law, the rules
adopted by the commissioner under Subsection (g) shall require the
committee, when developing or determining the appropriateness of a
behavior improvement plan or behavioral intervention plan, to
include, in addition to the persons under Subsection (a):
(1)AAa licensed assistant behavior analyst or licensed
behavior analyst, as defined by Section 506.002, Occupations Code;
(2)AAa licensed specialist in school psychology, as
defined by Section 501.002, Occupations Code; or
(3)AAa mental health professional, as defined by
Section 61.601, or a teacher certified in special education who has
been trained in functional behavior assessment by a licensed
behavior analyst, as defined by Section 506.002, Occupations Code.
(i)AABefore an educator who is a member of the committee
participates in conducting a functional behavioral assessment for
purposes of developing a behavior improvement plan or behavioral
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intervention plan for the student, the member must attend training
approved by the agency and provided by a licensed assistant
behavior analyst or licensed behavior analyst, as defined by
Section 506.002, Occupations Code, on appropriate behavioral
interventions.
(j)AAThe commissioner by rule shall develop procedures
designed to allow the agency to:
(1)AAaudit and monitor school districts to ensure that
districts are complying with this section, rules adopted under this
section, and Section 29.0052;
(2)AAidentify any difficulties school districts
experience in complying with this section and Section 29.0052; and
(3)AAdevelop reasonable and appropriate remedial
strategies to address noncompliance by school districts and to
ensure the purposes of this section, the rules adopted under this
section, and Section 29.0052 are accomplished.
SECTIONA3.AASubchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0052 to read as follows:
Sec.A29.0052.AABEHAVIOR IMPROVEMENT PLAN OR BEHAVIORAL
INTERVENTION PLAN. (a) A behavior improvement plan or behavioral
intervention plan may only be developed for a student who has
exhibited consistent and persistent maladaptive behavior and for
whom an individualized education program is developed under Section
29.005.
(b)AAThe admission, review, and dismissal committee shall
conduct a functional behavior assessment over a period of 45
calendar days for a student before developing a behavior
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improvement plan or behavioral intervention plan. The functional
behavior assessment must include:
(1)AAa review of any medical, academic, and
disciplinary records for the student;
(2)AAinterviews with and surveys of the student, the
student’s parents or legal guardians, the student’s teachers, and
any other educators with knowledge of the student on relevant
subjects, including the motivations and preferences of the studen