The school-to-prison pipeline disproportionately impacts students of color and students with special needs. It is critical to implement policies and practices that will create supportive school climates, reduce unnecessary student discipline, provide more transparency around school discipline, and help more students achieve academic success.
HB 785 (Authors: Allen, Reynolds, Jarvis Johnson | Sponsor: Zaffirini), Relating to behavior improvement plans and behavioral intervention plans for certain public school students and notification and documentation requirements regarding certain behavior management techniques. This bill addresses students enrolled in special education services. Beginning with the 2021-2022 school year, Behavioral Intervention or Behavior Improvement Plans (BIPs) for such students must be reviewed at least annually by an admission, review and dismissal (ARD) committee. The review must address changes in a student’s life that may impact their behavior (e.g., placement in a different educational setting, an increase or persistence in disciplinary actions taken for similar types of incidents, a pattern of unexcused absences, an unauthorized and unsupervised departure from the classroom), or the safety of the student and others.
A school district must provide written notification to a student’s parent or caretaker for any restraint used on the student. The notification must include: the name of the person who administered the restraint; the date, duration, location, and nature of the restraint; the activity the student was engaged in immediately before the restraint was used, and the behavior that prompted the restraint; and any efforts made to de-escalate the situation, as well as any alternatives to restraint that were attempted. If the student has a BIP, the notification must address whether the plan needs revision. If the student does not have a BIP, the notification must include information on the process to request an ARD committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student. Additionally, the school district must document each use of time-out for any student with a BIP.
If any disciplinary action results in a more restrictive placement of a student (e.g., in a Disciplinary Alternative Education Program, in a Juvenile Justice Alternative Education Program, or expulsion), the district has 10 school days after the change of placement to: (1) seek consent from the student’s parent or caretaker to conduct a functional behavioral assessment of the student, if one has never been conducted or if the most recent one was more than a year ago, and review any previously conducted assessment and any BIP based on that assessment, and (2) as necessary, develop a BIP if the student does not have one, or revise the existing BIP. Signed by the Governor; effective on 6/4/2021
HB 1525 (Authors: Huberty, VanDeaver, Ken King, Dutton, Mary González | Sponsor: Taylor), Relating to the public school finance system and public education. While this comprehensive bill addresses a range of school- and student-related issues, it importantly ensures that annual funds allocated to school districts under the School Safety Allotment must address the prevention, identification, and management of emergencies and threats, using evidence-based, effective prevention practices and including: (1) providing licensed counselors, social workers, and individuals trained in restorative discipline and justice practices; and (2) developing and implementing programs focused on restorative justice practices, culturally relevant instruction, and providing mental health support. The Commissioner of Education must annually publish a report regarding the programs, personnel, and resources purchased by districts using the funds and other purposes for which the funds were used. Signed by the Governor; effective on 9/1/2021
HB 2287 (Authors: Senfronia Thompson, Hunter, Dutton, Allen, Coleman | Sponsor: Powell), Relating to data collection and receipt of certain reports by and consultation with the Collaborative Task Force on Public School Mental Health Services. The Collaborative Task Force on Public School Mental Health Services must gather data on the number of students who were placed in a Disciplinary Alternative Education Program or out-of-school suspension or who were expelled, as well as the number of threat assessments conducted, and also collect data on the race, ethnicity, gender, special education status, educationally disadvantaged status, and geographic location of these students. Furthermore, the Task Force must gather data on mental health services and training provided annually by school districts at the both campus and district level, as well as the number of reports made from each school district by a district/school employee or school resource officer to the Department of Family and Protective Services regarding an alleged incident of abuse or neglect. All data requested by the Task Force must protect students’ medical and educational information.
By January 31 of each year, the Health and Human Services Commission must submit a report to the Task Force on outcomes for school districts and students resulting from services provided by non-physician mental health professionals. By March 1 of even-numbered years, each Regional Education Service Center must provide the Task Force with a copy of its report submitted to the Texas Education Agency (TEA) on student mental health resources available to schools in that region. Biannually, the TEA must also provide the Task Force with the list of statewide resources available to school districts to address students’ mental health needs. These reporting provisions expire December 1, 2025. Signed by the Governor; effective on 9/1/2021
HB 3165 (Author: Meyer | Sponsor: Whitmire), Relating to an affirmative defense to an allegation of truant conduct. This bill establishes an affirmative defense to an allegation of truant conduct if the student can show by a preponderance of the evidence that one or more of their absences was due to mental, emotional, physical, or sexual abuse. This defense is available beginning with the 2021-2022 school year. Signed by the Governor; effective on 6/4/2021
SB 179 (Author: Lucio | Sponsors: Huberty, Mary González), Relating to the use of public school counselors’ work time. Beginning with the 2021-2022 school year, school counselors must spend at least 80 percent of their work time on duties that are components of the Comprehensive School Counseling Program, which includes: (1) helping students develop their full educational potential, including their interests and career objectives; (2) intervening on behalf of any student whose immediate personal concerns or problems put their continued educational, career, personal, or social development at risk; (3) guiding students as they plan, monitor, and manage that development; and (4) supporting teachers, staff, parents, and other community members in promoting that development. Time spent administering assessment instruments, except interpreting data from such instruments, is not considered time spent on counseling.
If, due to staffing needs, a counselor must spend less than 80 percent of their time on Counseling Program components, the school district’s policy must list the duties the counselor is expected to perform. Each school district must annually assess its compliance with this policy. Signed by the Governor; effective on 9/1/2021
SB 462 (Author: Lucio | Sponsor: Allen), Relating to funding under the transportation allotment for transporting meals and instructional materials to students during a declared disaster. School districts may use funds from the Transportation Allotment to deliver meals or instructional materials to students’ residences or other pick-up locations during a declared disaster. Additionally, a school district located in an area that is the subject of a disaster declaration can be reimbursed on a per-mile basis for the cost of transporting those meals or instructional materials for the duration of the disaster. Signed by the Governor; effective on 6/14/2021