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(a) The placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee.(b) Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U. Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:(1) functional behavioral assessments;(2) positive behavioral interventions, strategies, and supports;(3) behavioral intervention plans; and(4) the manifestation determination review.(c) A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes.(d) A teacher in an alternative education program under Section 37.008 who has a special education assignment must hold an appropriate certificate or permit for that assignment.(e) Expired.(f) Expired.(g) Expired. 3012, 86th Legislature, Regular Session, for amendments affecting the following section.
A student with a disability who receives special education services under Subchapter A, Chapter 29, 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.(b) In this section:(1) "Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.(2) "Seclusion" means a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that:(A) is designed solely to seclude a person; and(B) contains less than 50 square feet of space.(3) "Time-out" means a behavior management technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting:(A) that is not locked; and(B) from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.(4) "Law enforcement duties" means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the Code of Criminal Procedure.(c) A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. 106-310, any subsequent amendments to that Act, any regulations adopted under that Act, or any subsequent amendments to those regulations;(2) 40 T. The program must:(1) be age-appropriate and research-based;(2) provide models for positive behavior;(3) promote a positive school environment;(4) provide alternative disciplinary courses of action that do not rely on the use of in-school suspension, out-of-school suspension, or placement in a disciplinary alternative education program to manage student behavior; and(5) provide behavior management strategies, including:(A) positive behavioral intervention and support;(B) trauma-informed practices;(C) social and emotional learning;(D) a referral for services, as necessary; and(E) restorative practices.(b) Each school district and open-enrollment charter school may annually conduct training for staff employed by the district or school on the program adopted under Subsection (a). (a) Each school district and open-enrollment charter school may develop and implement a program, in consultation with campus behavior coordinators employed by the district or school and representatives of a regional education service center, that provides a disciplinary alternative for a student enrolled in a grade level below grade three who engages in conduct described by Section 37.005(a) and is not subject to Section 37.005(c). If the teacher removed the student from class because the student has engaged in the elements of any offense listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or (b)(2)(C) against the teacher, the student may not be returned to the teacher's class without the teacher's consent. Section 801 et seq.;(B) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or(C) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code. (a) As provided by Section 25.0341(b)(2), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 or a juvenile justice alternative education program under Section 37.011.(b) A limitation imposed by this subchapter on the length of a placement in a disciplinary alternative education program or a juvenile justice alternative education program does not apply to a placement under this section.