Texas Education Code

Sec. § 29.454
Behavior Management; Behavior Support Specialists


The discipline of an alleged offender resident by a school district is subject to Sections 37.0021 (Use of Confinement, Restraint, Seclusion, and Time-out) and 37.004 (Placement of Students With Disabilities) and to federal law governing the discipline of students with disabilities.


A school district in which alleged offender residents are enrolled shall employ one or more behavior support specialists to serve the residents while at school. A behavior support specialist must:


hold a baccalaureate degree;


have training in providing to students positive behavioral support and intervention, as determined by the commissioner of education; and


meet any other requirement jointly determined by the commissioner of education and the commissioner of the Department of Aging and Disability Services.


A behavior support specialist shall conduct for each alleged offender resident enrolled in the school district a functional behavioral assessment that includes:


data collection, through interviews with and observation of the resident;


data analysis; and


development of an individualized school behavioral intervention plan for the resident.


Each behavior support specialist shall:


ensure that each alleged offender resident enrolled in the school district is provided behavior management services under a school behavioral intervention plan based on the resident’s functional behavioral assessment, as described by Subsection (c);


communicate and coordinate with the resident’s interdisciplinary team to ensure that behavioral intervention actions of the district and of the forensic state supported living center do not conflict;


in the case of a resident who regresses:


ensure that necessary corrective action is taken in the resident’s individualized education program or school behavioral intervention plan, as appropriate; and


communicate with the resident’s interdisciplinary team concerning the regression and encourage the team to aggressively address the regression;


participate in the resident’s admission, review, and dismissal committee meetings in conjunction with:


developing and implementing the resident’s school behavioral intervention plan; and


determining the appropriate educational placement for each resident, considering all available academic and behavioral information;


coordinate each resident’s school behavioral intervention plan with the resident’s program of active treatment provided by the forensic state supported living center to ensure consistency of approach and response to the resident’s identified behaviors;


provide training for school district staff and, as appropriate, state supported living center staff in implementing behavioral intervention plans for each resident; and


remain involved with the resident during the school day.


Section 22.0511 (Immunity From Liability) applies to a behavior support specialist employed under this section by a school district.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.

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Jun. 7, 2021