89R5376 PRL-D
 
  By: González of El Paso H.B. No. 4193
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to measures for ensuring safety and security in public
  schools, including certain training for school district personnel
  and parents of certain students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.044(a-1), Education Code, is amended
  to read as follows:
         (a-1)  Any training requirements for a certificate specified
  under Subsection (a) must require that the person demonstrate:
               (1)  basic knowledge of:
                     (A)  each disability category under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.) and how each category can affect student learning and
  development; and
                     (B)  conditions that may be considered a
  disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
  Section 794), and how a condition covered by that section can affect
  student learning and development;
               (2)  competence in the use of proactive instructional
  planning techniques that:
                     (A)  provide flexibility in the ways:
                           (i)  information is presented;
                           (ii)  students respond or demonstrate
  knowledge and skills; and
                           (iii)  students are engaged;
                     (B)  reduce barriers in instruction;
                     (C)  provide appropriate accommodations,
  supports, and challenges; and
                     (D)  maintain high achievement expectations for
  all students, including students with disabilities and students of
  limited English proficiency;
               (3)  competence in the use of evidence-based inclusive
  instructional practices, including:
                     (A)  general and special education collaborative
  and co-teaching models and approaches;
                     (B)  multitiered systems of support, including
  response to intervention strategies, classroom and school level
  data-based collaborative structures, and evidence-based strategies
  for intervention and progress monitoring systems in academic areas;
                     (C)  classroom management techniques using
  evidence-based behavioral intervention strategies and supports and
  de-escalation techniques; and
                     (D)  appropriate adaptation strategies, including
  accommodations, modifications, and instruction in the use of
  assistive technology for instruction; and
               (4)  thorough understanding of and competence in the
  use of open education resource instructional materials included on
  the list of approved instructional materials maintained by the
  State Board of Education under Section 31.022 in each subject area
  and grade level covered by the person's certificate.
         SECTION 2.  Section 29.041(3), Education Code, is amended to
  read as follows:
               (3)  "Supplemental special education services" means
  an additive service that provides an educational benefit to a
  student receiving special education services under Subchapter A,
  including:
                     (A)  occupational therapy, physical therapy, and
  speech therapy; [and]
                     (B)  private tutoring and other supplemental
  private instruction or programs; and
                     (C)  crisis intervention training for the
  student's parent.
         SECTION 3.  Section 37.0021, Education Code, is amended by
  adding Subsections (k) and (l) to read as follows:
         (k)  Subject to Subsection (l), the commissioner by rule
  shall adopt procedures relating to training for school district
  personnel in de-escalation techniques. The procedures must
  include:
               (1)  standards for determining:
                     (A)  which personnel, including support staff and
  law enforcement, should receive the training; and
                     (B)  the amount of training the personnel should
  receive, with priority for a higher degree of training that
  includes physical interventions given to personnel who are exposed
  to the greatest risk of student-involved crisis; and
               (2)  recommendations regarding the minimum frequency
  of retraining necessary, which may be:
                     (A)  an annual course; or
                     (B)  as needed, based on the students served by
  the personnel.
         (l)  Notwithstanding any other law, any de-escalation
  technique training requirement adopted under Subsection (k) is not
  an additional training requirement and may be combined with or
  substituted, provided the de-escalation training addresses a
  majority of the content covered in the substituted training, for
  other related trainings, including:
               (1)  trauma-informed care training required under
  Section 38.036(c); and
               (2)  training on strategies for establishing and
  maintaining positive relationships among students, including
  conflict resolution, required as part of a school district's staff
  development under Section 21.451(d).
         SECTION 4.  Section 37.115(c), Education Code, as amended by
  Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the 88th
  Legislature, Regular Session, 2023, is reenacted and amended to
  read as follows:
         (c)  The board of trustees of each school district shall
  establish a threat assessment and safe and supportive school team
  to serve at each campus of the district and shall adopt policies and
  procedures for the teams.  The team is responsible for developing
  and implementing the safe and supportive school program under
  Subsection (b) at the district campus served by the team.  The
  policies and procedures adopted under this section must:
               (1)  be consistent with the model policies and
  procedures developed by the Texas School Safety Center;
               (2)  require each team to complete training provided by
  the Texas School Safety Center or a regional education service
  center regarding evidence-based threat assessment programs;
               (3)  require each team established under this section
  to report the information required under Subsection (k) regarding
  the team's activities to the agency; [and]
               (4)  provide for:
                     (A)  a district employee who reports a potential
  threat to a team to elect for the employee's identity to be
  confidential and not subject to disclosure under Chapter 552,
  Government Code, except as necessary for the team, the district, or
  law enforcement to investigate the potential threat; and
                     (B)  the district to maintain a record of the
  identity of a district employee who elects for the employee's
  identity to be confidential under Paragraph (A);
               (5) [(4)]  require each district campus to establish a
  clear procedure for a student to report concerning behavior
  exhibited by another student for assessment by the team or other
  appropriate school employee; and
               (6)  encourage each team established under this section
  to form an incident reduction committee to develop and implement
  preventative and proactive incident reduction measures.
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 89th Legislature, Regular Session, 2025,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the commissioner of education shall adopt the rules
  required by Section 37.0021(k), Education Code, as added by this
  Act.
         SECTION 7.  This Act takes effect September 1, 2025.