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1: Texas Behavior Support Initiative: Module 1 1
2: Texas Behavior Support Initiative: Module 1 2
3: Texas Behavior Support Initiative: Module 1 3 Senate Bill 1196 States it is the policy of this state to treat all students with respect and dignity
Prohibits use of locked seclusionary time-out in Texas Public Schools effective September 1, 2001
Applies to charter schools As you can see, IDEA ’97, Twenty-second Annual Report to Congress and the OSEP Priority Arena all emphasize Positive Behavioral Supports (PBS). While all support the use of PBS, no federal or state rules currently exist regarding the use of certain behavior management techniques, and no state guidelines exist to mandate documentation of practices in public schools.
Texas now has legislation addressing certain behavior practices in the Texas Public Schools. Senate Bill 1196 amends the Texas Education Code to prohibit school districts and open-enrollment charter schools from placing a student for any period of time in a room or other confined area where the student is alone and is prohibited from leaving. (Walk participants through the other provisions in the bill. See next slide for additional provisions.)
As you can see, IDEA ’97, Twenty-second Annual Report to Congress and the OSEP Priority Arena all emphasize Positive Behavioral Supports (PBS). While all support the use of PBS, no federal or state rules currently exist regarding the use of certain behavior management techniques, and no state guidelines exist to mandate documentation of practices in public schools.
Texas now has legislation addressing certain behavior practices in the Texas Public Schools. Senate Bill 1196 amends the Texas Education Code to prohibit school districts and open-enrollment charter schools from placing a student for any period of time in a room or other confined area where the student is alone and is prohibited from leaving. (Walk participants through the other provisions in the bill. See next slide for additional provisions.)
4: Texas Behavior Support Initiative: Module 1 4 Student with Disability It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services…
A student with a disability who receives special education services… may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique. House Bill 1314 made minor changes to the introductory wording of TEC § 37.0021.
Read slide.
This rewording appears to be a clarification that when referring to “students with disabilities” the statue is specifically meaning students who receive IDEA special education services.
The underlined text represents additions to the original wording.House Bill 1314 made minor changes to the introductory wording of TEC § 37.0021.
Read slide.
This rewording appears to be a clarification that when referring to “students with disabilities” the statue is specifically meaning students who receive IDEA special education services.
The underlined text represents additions to the original wording.
5: Texas Behavior Support Initiative: Module 1 5 Senate Bill 1196 Defines seclusion, restraint and time-out
Allows use of locked time-out in defined emergency situations
Requires commissioner to adopt rules for use of restraint and time-out by August 1, 2002 (Reference participants to the Senate Bill 1196: Use of Confinement, Restraint, Seclusion, and Time-out chart. Use this as a discussion tool. Explain that the chart is constructed to show the legal requirements and what these requirements will mean in Texas Public Schools.)(Reference participants to the Senate Bill 1196: Use of Confinement, Restraint, Seclusion, and Time-out chart. Use this as a discussion tool. Explain that the chart is constructed to show the legal requirements and what these requirements will mean in Texas Public Schools.)
6: Texas Behavior Support Initiative: Module 1 6 Seclusion A behavior management technique in which a student is confined in a locked box, locked closet, or locked room that:
Is designed solely to seclude a person; and
Contains less than 50 square feet of space
TEC 37.0021(b) Remember, SB 1196 specifically prohibits the use of seclusion.
Here is the detailed definition…(Read slide)
Whenever there are specific criteria or delineators listed in a rule, someone will try to look for “outs”—ways to get around the definition.
Before we go down that path, let us go back to the spirit or underlying philosophical foundation for this bill…“It is the policy of this state to treat all students with dignity and respect.”
One might interpret that to mean that though we could talk about…”What about 51 square feet?..it is really more appropriate to talk about techniques to use other than secluding children.
This bill gives the state of Texas the perfect push and support to build on the work being done by the Behavior Network in implementing systems of positive behavioral supports statewide.Remember, SB 1196 specifically prohibits the use of seclusion.
Here is the detailed definition…(Read slide)
Whenever there are specific criteria or delineators listed in a rule, someone will try to look for “outs”—ways to get around the definition.
Before we go down that path, let us go back to the spirit or underlying philosophical foundation for this bill…“It is the policy of this state to treat all students with dignity and respect.”
One might interpret that to mean that though we could talk about…”What about 51 square feet?..it is really more appropriate to talk about techniques to use other than secluding children.
This bill gives the state of Texas the perfect push and support to build on the work being done by the Behavior Network in implementing systems of positive behavioral supports statewide.
7: Texas Behavior Support Initiative: Module 1 7 Seclusion Exemptions A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion.
This subsection does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which the following law, rules, or regulations apply…
TEC § 37.0021(c) Clarification was made regarding agencies/placements that are exempt from the rules pertaining to seclusion.
Read slide.Clarification was made regarding agencies/placements that are exempt from the rules pertaining to seclusion.
Read slide.
8: Texas Behavior Support Initiative: Module 1 8 Commissioner’s Rule TAC §89.1053 Develops new rules related to the use of restraint and time-out
Defines emergency situation
The proposed Commissioner’s Rules develops new rules-89.1053 and 89.1054 pursuant to requirements SB1196.
Proposed rules are on TEA website.
Deadline for comments is 2/20/02.The proposed Commissioner’s Rules develops new rules-89.1053 and 89.1054 pursuant to requirements SB1196.
Proposed rules are on TEA website.
Deadline for comments is 2/20/02.
9: Texas Behavior Support Initiative: Module 1 9 House Bill 1314 78th Legislative Session Amends TEC § 37.0021
Creates new subsection regarding exemptions
In the spring of 2003 House Bill 1314 was passed by the 78th legislature. This bill amends several sections of TEC § 37.0021 with minor word changes and adds a subsection on exempt agencies/individuals.
Direct participants to refer to page 3 (Texas 78th Legislative Session, House Bill 1314) of the handout.
In the spring of 2003 House Bill 1314 was passed by the 78th legislature. This bill amends several sections of TEC § 37.0021 with minor word changes and adds a subsection on exempt agencies/individuals.
Direct participants to refer to page 3 (Texas 78th Legislative Session, House Bill 1314) of the handout.
10: Texas Behavior Support Initiative: Module 1 10 USE
Used only in an emergency
Physical harm
Property destruction
Requires documentation and notification
Reported in PEIMS 2003-04
Restraint
11: Texas Behavior Support Initiative: Module 1 11 TRAINING
Provided for core team on each campus (administrator or designee, and any general/special ed. personnel likely to use restraint)
Includes prevention/ de-escalation techniques and alternatives
Deadline—4/1/03
Restraint
12: Texas Behavior Support Initiative: Module 1 12 USE
Used in conjunction with array of positive behavior intervention strategies
Included in IEP/BIP if recurrent
Required documentation to assess effectiveness
Time-Out
13: Texas Behavior Support Initiative: Module 1 13 TRAINING
Provided for general/special personnel who implement time-out according to IEP
Include in scope of positive behavior interventions
Deadline—4/1/03
Time-Out
14: Texas Behavior Support Initiative: Module 1 14 House Bill 1314 78th Legislative Session Amends TEC § 37.0021
Creates new subsection regarding exemptions
In the spring of 2003 House Bill 1314 was passed by the 78th legislature. This bill amends several sections of TEC § 37.0021 with minor word changes and adds a subsection on exempt agencies/individuals.
Direct participants to refer to page 3 (Texas 78th Legislative Session, House Bill 1314) of the handout.
In the spring of 2003 House Bill 1314 was passed by the 78th legislature. This bill amends several sections of TEC § 37.0021 with minor word changes and adds a subsection on exempt agencies/individuals.
Direct participants to refer to page 3 (Texas 78th Legislative Session, House Bill 1314) of the handout.
15: Texas Behavior Support Initiative: Module 1 15 TEC § 37.0021 Exemptions This section and any rules or procedures adopted under this section do not apply to:
A peace officer while performing law enforcement duties,
Juvenile probation, detention or corrections personnel, or
An educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.
TEC § 37.0021(g) A subsection was added which clarifies that the statute and implementation rules do not apply to:
A peace officer while performing law enforcement duties,
Juvenile probation, detention or corrections personnel, or
An educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.
A subsection was added which clarifies that the statute and implementation rules do not apply to:
A peace officer while performing law enforcement duties,
Juvenile probation, detention or corrections personnel, or
An educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.
16: Texas Behavior Support Initiative: Module 1 16 Did you know? Academic and social failures are related...students with problem behaviors often suffer from academic and social deficits
Academic deficits are among the most powerful predictors of social failure and problem behavior
17: Texas Behavior Support Initiative: Module 1 17 Commissioner’s Rule TEA will convene a stakeholder’s group to obtain input on proposed revisions to Commissioner’s Rule (TAC § 89.1053)
A stakeholder group will be convened by the TEA to draft additional Commissioner’s Rules to address the amendments made to TEC §37.0021 by House Bill 1314.A stakeholder group will be convened by the TEA to draft additional Commissioner’s Rules to address the amendments made to TEC §37.0021 by House Bill 1314.
18: Texas Behavior Support Initiative: Module 1 18 The relationship between behavior and learning must not only be considered but acted upon… IDEA Amendments, 1997
19: Texas Behavior Support Initiative: Module 1 19 Life long challenges equal a poor prognosis for success… Startling Statistics for Students with Disabilities:
27% drop out rate for students with learning disabilities
50% drop out rate for students with emotional disturbance
70% arrest rate within three years of leaving school for students with academic and social failures
20: Texas Behavior Support Initiative: Module 1 20 Prediction Leads to Problem Solutions…We Must be Able to: Understand the reasons for failure if we are to effectively develop prevention and intervention strategies that lead to success
Determine how to use resources to create successful programs
21: Texas Behavior Support Initiative: Module 1 21 Positive Behavior Support is… Systemic and individualized strategies based on an extensive body of research-based practices
Prevention based approach for all students
Focus on teaching academic, social and behavioral expectations
Emphasis on culturally appropriate practices
22: Texas Behavior Support Initiative: Module 1 22 Are we in this alone? What’s the National PBS Picture?
23: Texas Behavior Support Initiative: Module 1 23 PBS: National Perspective
24: Texas Behavior Support Initiative: Module 1 24 Foundation for PBS
25: Texas Behavior Support Initiative: Module 1 25 Can you imagine ….? Your dentist practicing without a license
Your surgeon operating without appropriate skills
Your lawyer routinely being expected to violate professional ethics…..
26: Texas Behavior Support Initiative: Module 1 26 Why Do we expect educators to work without adequate knowledge, tools and supports to face the daily challenges of their jobs…..
27: Texas Behavior Support Initiative: Module 1 27 The Texas Behavior Support Initiative is . . . Knowledge and skills on the use of positive behavior supports for students with disabilities
Schoolwide, classroom and individual systems of support
Data collection tools to inform decision-making for program improvement
28: Texas Behavior Support Initiative: Module 1 28 TBSI Training Modules Module I: Legislative Overview
Module 2: Positive Behavior Supports –
Schoolwide/Classroom Interventions
Module 3: Positive Behavior Supports –
Individual Interventions
29: Texas Behavior Support Initiative: Module 1 29 TBSI Training Modules Module 4: Time-Out
Module 5: Severe Behavior - Prevention and
De-Escalation Techniques
Module 6: Action Planning
Module 7: Physical Restraint –
District/Campus Selects Provider(s)
30: Texas Behavior Support Initiative: Module 1 30 TBSI Training Requirements Campus level core team training must occur by April 1, 2003
Core teams should include:
Campus administrator or designee
General or special education personnel likely to use restraint or use time-out
Other personnel selected district/campus
31: Texas Behavior Support Initiative: Module 1 31 TBSI Training Requirements
Campus level training after April 1, 2003
Personnel not previously trained and meeting one of the following criteria must be trained within 30 school days:
Time-out based on student IEP
Restraint used in an emergency situation
32: Texas Behavior Support Initiative: Module 1 32 2003-04 Training Implications Assess core team membership
Train additional core team members
Train personnel meeting requirements for restraint and time-out use At the beginning of the new school year, campuses should assess compliance with core team training requirements. Training of additional personnel might be necessary to have a full complement of required core team members.
In addition to the membership requirements for the core team, during the school year, two circumstances will trigger the legal obligation for training.
Personnel called upon to use restraint in an emergency who have not received prior training must receive training within 30 school days following the use of restraint.
Newly-identified personnel called upon to implement time-out based on requirements established in a student’s IEP and/or BIP must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out.At the beginning of the new school year, campuses should assess compliance with core team training requirements. Training of additional personnel might be necessary to have a full complement of required core team members.
In addition to the membership requirements for the core team, during the school year, two circumstances will trigger the legal obligation for training.
Personnel called upon to use restraint in an emergency who have not received prior training must receive training within 30 school days following the use of restraint.
Newly-identified personnel called upon to implement time-out based on requirements established in a student’s IEP and/or BIP must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out.
33: Texas Behavior Support Initiative: Module 1 33 TBSI Training Requirements
34: Texas Behavior Support Initiative: Module 1 34 Statewide Evaluation
35: Texas Behavior Support Initiative: Module 1 35 Evaluation Trail…
36: Texas Behavior Support Initiative: Module 1 36 Big Ideas! Commissioner’s Rule §89.1053. Procedures for the Use of Restraint and Time-Out
IDEA ’97
Effective Services for Students with Emotional or Behavioral Disorders
Positive Behavioral Supports
Texas Behavior Support Initiative
37: Texas Behavior Support Initiative: Module 1 37 …the relationship between behavior and learning must not only be considered but acted upon…. IDEA, 1997
