2009S0481-1 02/25/09
By: Hinojosa S.B. No. 1195
A BILL TO BE ENTITLED
AN ACT
relating to the use of corporal punishment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0011 to read as follows:
Sec. 37.0011. USE OF CORPORAL PUNISHMENT. (a) In this
section, "corporal punishment" means the deliberate infliction of
physical pain by hitting, paddling, spanking, slapping, or any
other physical force used as a means of discipline. The term does
not include:
(1) physical pain caused by reasonable physical
activities associated with athletic training, competition, or
physical education; or
(2) the use of restraint as authorized under Section
37.0021.
(b) If the board of trustees of an independent school
district adopts a policy under Section 37.001(a)(8) under which
corporal punishment is permitted as a method of student discipline:
(1) an educator of the district may use corporal
punishment to discipline a student only if the student's parent or
guardian or other person having lawful control over the student has
previously provided written, signed consent to the use of corporal
punishment as a method of student discipline; and
(2) an educator of the district may use corporal
punishment only to discipline students of the same sex as the
educator.
(c) To provide consent for the use of corporal punishment as
a method of student discipline, each school year a student's parent
or guardian or other person having lawful control over the student
must provide separate written, signed consent to the board of
trustees of the school district in the manner established by the
board.
(d) The student's parent or guardian or other person having
lawful control over the student may revoke the consent provided to
the board of trustees under Subsection (c) at any time during the
school year. The parent, guardian, or other person may revoke
consent by submitting a written, signed revocation to the board in
the manner established by the board.
(e) If the school district receives written, signed consent
under Subsection (c) from one parent, guardian, or other person
having lawful control over the student and a written, signed
revocation from another parent, guardian, or other person having
lawful control over the student under Subsection (d), the written,
signed revocation controls.
(f) The school district shall maintain original consent and
revocation of consent documents received under this section in the
district's administrative office.
(g) A school district to which Subsection (b) applies shall
adopt procedures to implement and administer this section,
including procedures to:
(1) inform students' parents and guardians and other
persons having lawful control over students of the right to revoke
consent to use corporal punishment as a method of student
discipline; and
(2) maintain the consent and revocation of consent
documents required by this section.
(h) The commissioner shall adopt rules to require the
superintendent of a school district that adopts a policy under
which corporal punishment is permitted as a method of student
discipline to provide the State Board for Educator Certification
prompt written notice if an educator employed by the district uses
corporal punishment in violation of this section.
(i) The commissioner shall adopt rules to require the
superintendent of a school district in which corporal punishment is
not permitted as a method of student discipline to provide the State
Board for Educator Certification prompt written notice if an
educator employed by the district uses corporal punishment as a
method of student discipline.
SECTION 2. This Act applies beginning with the 2009-2010
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.