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School Safety, Discipline, & Mental Health Supports

5 minute read

Our Position

In 2023, the legislature should continue to promote opportunities for success for students with disabilities by protecting gains made over the last few sessions. This includes strengthening school-based mental health supports, reducing reliance on exclusionary discipline methods, and improving transparency within public schools.

CTD urges the Legislature to:

• ban the use of dangerous and even deadly types of physical restraints on students that restrict breathing.
• revise the Texas Penal Code to clarify justified use of force on a student and close loopholes that allow bad actors to continue causing harm.
• prohibit the informal practice of "shadow discipline."

CTD supports HB 459 (Hull), which prohibits peace officers from restraining students younger than 10 years, unless they pose a serious risk of harm to themselves or another person.

CTD supports HB 133 (Gonzalez, Mary), which the use of prohbitis the dangerous, and even deadly, prone and supine restraints on students with disabilities.

CTD supports HB 773 (Allen), which prohibits schools from using early pick ups as disciplinary measures.

CTD supports HB 3546 (Allen), which revises Penal Code 9.62 to clarify that use of force on the student is only justified to protect the safety of students or school staff during an emergency.

The Latest

February, 2023: The Governor's Committee on People with Disabilities (GCPD) adopted the following of our recommendations in their 2024-2025 Policy Recommendations Report to the 88th Texas Legislature:

• Prohibiting the use of certain restraints on special education students enrolled in public schools 
• Reform and expansion of the use of cameras in schools for students with disabilities 
• Reform and expansion of the Texas Education Agency Do Not Hire Registry to protect students with disabilities 
• Prohibiting the use of informal, undocumented suspensions, early pickups, or shortened school days for students with disabilities

February 6, 2023: listen to a 30-minute discussion on harmful student restraint with our Jolene Sanders-Foster and Rep. Lacy Hull (TPR's The Source)

January 30, 2023: Fort Worth Star-Telegram reports This restraint technique left a Fort Worth student dead. Some lawmakers want to outlaw it.

January 30, 2023: CTD and our partners held a Capitol press conference to Address Violent Restraint of Texas Student (with captions in English and Spanish).

Partners

• Disability Rights Texas
• Autism Society of Texas
• The Arc of Texas
• Minaret Foundation

Background

Youth with intellectual and / or developmental disabilities (ID / DD) are 3 times more likely to experience trauma and abuse than their peers without disabilities. Untreated trauma can place children at increased risk for further developmental delay. Unaddressed mental health conditions can impede academic success, impact social emotional well-being, and compound existing developmental delays. Children and youth with disabilities and/ or mental health challenges are often unidentified and do not have adequate access to or receive treatment. Lack of training in early childhood spaces, school mental health personnel shortages, inappropriate discipline practices, and an uncoordinated effort between schools and mental health systems all contribute to the lack of identification and mental health treatment.

In 2019, Texas took steps in the right direction by prioritizing mental health in schools, but came up short in addressing the unique needs of children and youth at the intersection of disability and mental health.

School discipline

Students with disabilities are more likely to be subjected to informal types of discipline that go undocumented, also known as “shadow discipline.” One of the most common practices reported by families and educators is the use of early pickups—essentially undocumented suspensions. Because these removals are not documented, parents often have to respond to truancy notices for excessive unexcused absences; schools circumvent the requirement to conduct manifestation determination reviews and instead, place the student in harsh disciplinary programs without due process. According to The Hechinger Report, "for many students, a shortened school day can last for months or even years, which can have a disastrous impact as they miss out on crucial academic, social and emotional learning time."

CTD supports the prohibition of this informal practice that removes students from school and reinforces challenging behaviors. CTD supports HB 773 (Allen), which prohibits schools from using early pick ups as disciplinary measures.

Learn more our work with the Minaret Foundation and the No Kids in Cuffs coalition to address policies guiding restraint of children in Texas public schools (13 minute video).

School-based mental health

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Further Reading

• Report: Out from the Shadows: Informal Removal of Children with Disabilities from Public Schools
• Report: Sent home early: Lost learning in special education
• Policy: Texans Care for Children's work on Mental Health