| 1 | 1 | | 2009S0481-1 02/25/09 |
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| 2 | 2 | | By: Hinojosa S.B. No. 1195 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of corporal punishment in public schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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| 10 | 10 | | amended by adding Section 37.0011 to read as follows: |
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| 11 | 11 | | Sec. 37.0011. USE OF CORPORAL PUNISHMENT. (a) In this |
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| 12 | 12 | | section, "corporal punishment" means the deliberate infliction of |
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| 13 | 13 | | physical pain by hitting, paddling, spanking, slapping, or any |
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| 14 | 14 | | other physical force used as a means of discipline. The term does |
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| 15 | 15 | | not include: |
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| 16 | 16 | | (1) physical pain caused by reasonable physical |
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| 17 | 17 | | activities associated with athletic training, competition, or |
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| 18 | 18 | | physical education; or |
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| 19 | 19 | | (2) the use of restraint as authorized under Section |
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| 20 | 20 | | 37.0021. |
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| 21 | 21 | | (b) If the board of trustees of an independent school |
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| 22 | 22 | | district adopts a policy under Section 37.001(a)(8) under which |
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| 23 | 23 | | corporal punishment is permitted as a method of student discipline: |
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| 24 | 24 | | (1) an educator of the district may use corporal |
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| 25 | 25 | | punishment to discipline a student only if the student's parent or |
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| 26 | 26 | | guardian or other person having lawful control over the student has |
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| 27 | 27 | | previously provided written, signed consent to the use of corporal |
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| 28 | 28 | | punishment as a method of student discipline; and |
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| 29 | 29 | | (2) an educator of the district may use corporal |
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| 30 | 30 | | punishment only to discipline students of the same sex as the |
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| 31 | 31 | | educator. |
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| 32 | 32 | | (c) To provide consent for the use of corporal punishment as |
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| 33 | 33 | | a method of student discipline, each school year a student's parent |
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| 34 | 34 | | or guardian or other person having lawful control over the student |
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| 35 | 35 | | must provide separate written, signed consent to the board of |
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| 36 | 36 | | trustees of the school district in the manner established by the |
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| 37 | 37 | | board. |
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| 38 | 38 | | (d) The student's parent or guardian or other person having |
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| 39 | 39 | | lawful control over the student may revoke the consent provided to |
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| 40 | 40 | | the board of trustees under Subsection (c) at any time during the |
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| 41 | 41 | | school year. The parent, guardian, or other person may revoke |
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| 42 | 42 | | consent by submitting a written, signed revocation to the board in |
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| 43 | 43 | | the manner established by the board. |
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| 44 | 44 | | (e) If the school district receives written, signed consent |
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| 45 | 45 | | under Subsection (c) from one parent, guardian, or other person |
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| 46 | 46 | | having lawful control over the student and a written, signed |
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| 47 | 47 | | revocation from another parent, guardian, or other person having |
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| 48 | 48 | | lawful control over the student under Subsection (d), the written, |
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| 49 | 49 | | signed revocation controls. |
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| 50 | 50 | | (f) The school district shall maintain original consent and |
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| 51 | 51 | | revocation of consent documents received under this section in the |
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| 52 | 52 | | district's administrative office. |
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| 53 | 53 | | (g) A school district to which Subsection (b) applies shall |
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| 54 | 54 | | adopt procedures to implement and administer this section, |
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| 55 | 55 | | including procedures to: |
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| 56 | 56 | | (1) inform students' parents and guardians and other |
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| 57 | 57 | | persons having lawful control over students of the right to revoke |
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| 58 | 58 | | consent to use corporal punishment as a method of student |
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| 59 | 59 | | discipline; and |
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| 60 | 60 | | (2) maintain the consent and revocation of consent |
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| 61 | 61 | | documents required by this section. |
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| 62 | 62 | | (h) The commissioner shall adopt rules to require the |
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| 63 | 63 | | superintendent of a school district that adopts a policy under |
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| 64 | 64 | | which corporal punishment is permitted as a method of student |
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| 65 | 65 | | discipline to provide the State Board for Educator Certification |
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| 66 | 66 | | prompt written notice if an educator employed by the district uses |
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| 67 | 67 | | corporal punishment in violation of this section. |
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| 68 | 68 | | (i) The commissioner shall adopt rules to require the |
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| 69 | 69 | | superintendent of a school district in which corporal punishment is |
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| 70 | 70 | | not permitted as a method of student discipline to provide the State |
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| 71 | 71 | | Board for Educator Certification prompt written notice if an |
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| 72 | 72 | | educator employed by the district uses corporal punishment as a |
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| 73 | 73 | | method of student discipline. |
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| 74 | 74 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 75 | 75 | | school year. |
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| 76 | 76 | | SECTION 3. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2009. |
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