Texas 2023 - 88th Regular

Texas House Bill HB3867

Filed
3/7/23  
Out of House Committee
4/18/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requirements regarding certain behavior management for a student enrolled in a special education program of a public school and related reporting requirements regarding the use of restraint.

Impact

The bill amends existing Texas Education Code to strengthen the protocols surrounding the use of restraint on special education students. It establishes clear expectations for documentation and reporting incidents of restraint, which must include detailed information about the event and subsequent health assessments. This legislative change aims to enhance transparency and accountability in the treatment of vulnerable students after incidents that require restraint, potentially leading to improved practices and better outcomes in specialized settings.

Summary

House Bill 3867 focuses on the management of behavior for students enrolled in special education programs within public schools. The bill mandates that after an incident of physical restraint, school personnel are required to conduct a mental and physical health wellness check on the student involved. This procedure aims to ensure that students' holistic well-being is assessed, which is expected to include evaluations from qualified school professionals like counselors and nurses. The initiative reflects a growing recognition of the need for comprehensive mental and physical oversight of students who may experience stressful situations in their educational environment.

Sentiment

The reception of HB 3867 has been largely positive among educators and advocates for special education, who see it as a proactive step in protecting students' rights and health following restraint incidents. Supporters argue that the required health checks will help identify any immediate psychological or physiological needs of the students, thereby promoting their well-being. However, some concerns have also been raised regarding the implementation burden on schools and the adequacy of training provided to staff tasked with managing such critical assessments.

Contention

Key points of contention surround the feasibility and effectiveness of the mandated health assessments, as well as the potential implications for school staff who may already feel overwhelmed by existing duties. While advocates praise the bill for addressing crucial aspects of student care post-restraint, skeptics worry about adequate resources and training which are necessary to execute the bill's requirements effectively. The discussion reflects broader conversations in educational policy about how best to balance student safety, well-being, and educational staff capabilities.

Companion Bills

No companion bills found.

Previously Filed As

TX HB409

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

TX HB1795

AN ACT Relating to restraint or isolation of students in public schools and educational programs;

TX SB5654

Addressing restraint or isolation of students in public schools and educational programs.

TX SB12

Relating to parental rights in public education, to certain public school requirements and prohibitions regarding instruction, diversity, equity, and inclusion duties, and social transitioning, and to student clubs at public schools.

TX LD1398

An Act Regarding Behavioral Health Support for Students in Public Schools

TX A1317

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

TX S2104

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

TX HB5495

Creating certain requirements and accountability procedures regarding a student’s use of software in a public school.

TX SB3039

Relating to the transfer of students in public higher education and to transparency regarding certificate or degree program requirements.

TX HB1096

Relating to the use of corporal punishment and to the reporting of certain information regarding the use of disciplinary measures or restraint by public schools.

Similar Bills

NJ S2104

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

NJ A1317

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

WA HB1795

Addressing restraint or isolation of students in public schools and educational programs.

WA SB5654

Addressing restraint or isolation of students in public schools and educational programs.

TX HB409

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

NJ S3693

Expands limits on use of restraint and seclusion to all students and imposes certain data collection and training requirements on DOE.

AR HB1793

To Amend The Law Concerning The Use Of Positive Behavioral Supports In Public School Districts.

MO HB3495

Bans using seclusion to confine a student