We submit this Emergent petition for the Immediate proposal of requesting authoring of a bill and submission to the proper authority in Texas Legislature, that is currently in session. Bills can be submitted past deadline if considered as Emergent.

We petition that video, along with audio, be required in all ABA Centers/Clinics for the protection of disabled children, some as young as 18 months old and up, who are non-verbal. These babies and children have ZERO way to advocate for themselves.  According to Texas State Law, under Texas Education Code section 29.022, it requires Texas public school districts to conduct video and audio surveillance in certain special education classrooms or settings upon request. This is NOT required in ABA Centers/Clinics. 

We believe a bill requiring audio and video in ABA Centers is necessary because there is no oversight for protecting these children. Child Protective Services (CPS) and the Department of Family and Protective Services (DFPS) have no jurisdiction inside an ABA Center, as they are private businesses, yet they care for disabled & non-verbal children up to 40 hours a week.   

The only Licensed employees in these facilities are Behavior Analysts (commonly called BCBA's or LBA's) and Board Certified Assistant Behavior Analysts (BCaBA or LaBA) licensed by the Behavior Analyst Certification Board® (BACB), which is located in Colorado. 

Licenses are not required for therapists, college students, interns, fellows, trainees, paraprofessionals, applied behavior analysis technicians, behavior technicians, technicians, tutors, aba therapist, Behavior Therapist, Behavioral Therapist or front-line therapists working in an ABA Center/Clinic; as their services are provided under the License of a BCBA or BCaBA, not themselves. The educational requirements for therapists, techs, tutors, etc. can be minimal (high school or GED to start).

ABA Centers have an Exemption from Child Care Licensing requirements, which means that the most basic practices from Child Care Licensing do not apply.   

Background checks are required for workers in the childcare sector, but ABA Centers/Clinics are not considered licensed childcare facilities; therefore, there is no readily available method for a parent/caretaker to verify a Center's claims about employee screenings, if the person working with a child has undergone a background check, fingerprint check, drug test or even has a basic Certification of 40 hours, which can be completed in a little as 9 days. 

Please sign this Petition so this Urgent matter can be placed in capable hands to add to the agenda of this Current Legislative Session. The Texas Legislature only meets every two years; these vulnerable children cannot wait another two years.

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