Texas 2017 - 85th Regular

Texas House Bill HB166 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R656 SRS-F
2	2	By: Lucio III H.B. No. 166
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of corporal punishment as a method of
8	8	student discipline.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.0512(c), Education Code, is amended
11	11	to read as follows:
12	12	(c) This section does not prohibit a school district from[:
13	13	[(1) enforcing a policy relating to corporal
14	14	punishment; or
15	15	[(2) notwithstanding Subsection (a),] bringing a
16	16	disciplinary proceeding against a professional employee of the
17	17	district who violates the prohibition of [district policy relating
18	18	to] corporal punishment as a method of student discipline under
19	19	Section 37.0011.
20	20	SECTION 2. Section 25.007(b), Education Code, as amended by
21	21	Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494),
22	22	Acts of the 84th Legislature, Regular Session, 2015, is reenacted
23	23	and amended to read as follows:
24	24	(b) In recognition of the challenges faced by students who
25	25	are homeless or in substitute care, the agency shall assist the
26	26	transition of students who are homeless or in substitute care from
27	27	one school to another by:
28	28	(1) ensuring that school records for a student who is
29	29	homeless or in substitute care are transferred to the student's new
30	30	school not later than the 10th working day after the date the
31	31	student begins enrollment at the school;
32	32	(2) developing systems to ease transition of a student
33	33	who is homeless or in substitute care during the first two weeks of
34	34	enrollment at a new school;
35	35	(3) developing procedures for awarding credit,
36	36	including partial credit if appropriate, for course work, including
37	37	electives, completed by a student who is homeless or in substitute
38	38	care while enrolled at another school;
39	39	(4) promoting practices that facilitate access by a
40	40	student who is homeless or in substitute care to extracurricular
41	41	programs, summer programs, credit transfer services, electronic
42	42	courses provided under Chapter 30A, and after-school tutoring
43	43	programs at nominal or no cost;
44	44	(5) establishing procedures to lessen the adverse
45	45	impact of the movement of a student who is homeless or in substitute
46	46	care to a new school;
47	47	(6) entering into a memorandum of understanding with
48	48	the Department of Family and Protective Services regarding the
49	49	exchange of information as appropriate to facilitate the transition
50	50	of students in substitute care from one school to another;
51	51	(7) encouraging school districts and open-enrollment
52	52	charter schools to provide services for a student who is homeless or
53	53	in substitute care in transition when applying for admission to
54	54	postsecondary study and when seeking sources of funding for
55	55	postsecondary study;
56	56	(8) requiring school districts, campuses, and
57	57	open-enrollment charter schools to accept a referral for special
58	58	education services made for a student who is homeless or in
59	59	substitute care by a school previously attended by the student;
60	60	(9) requiring school districts, campuses, and
61	61	open-enrollment charter schools to provide notice to the child's
62	62	educational decision-maker and caseworker regarding events that
63	63	may significantly impact the education of a child, including:
64	64	(A) requests or referrals for an evaluation under
65	65	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
66	66	special education under Section 29.003;
67	67	(B) admission, review, and dismissal committee
68	68	meetings;
69	69	(C) manifestation determination reviews required
70	70	by Section 37.004(b);
71	71	(D) any disciplinary actions under Chapter 37 for
72	72	which parental notice is required;
73	73	(E) citations issued for Class C misdemeanor
74	74	offenses on school property or at school-sponsored activities; and
75	75	(F) reports of restraint and seclusion required
76	76	by Section 37.0021;[ and
77	77	[(G) use of corporal punishment as provided by
78	78	Section 37.0011;]
79	79	(10) developing procedures for allowing a student who
80	80	is homeless or in substitute care who was previously enrolled in a
81	81	course required for graduation the opportunity, to the extent
82	82	practicable, to complete the course, at no cost to the student,
83	83	before the beginning of the next school year;
84	84	(11) ensuring that a student who is homeless or in
85	85	substitute care who is not likely to receive a high school diploma
86	86	before the fifth school year following the student's enrollment in
87	87	grade nine, as determined by the district, has the student's course
88	88	credit accrual and personal graduation plan reviewed;
89	89	(12) ensuring that a student in substitute care who is
90	90	in grade 11 or 12 be provided information regarding tuition and fee
91	91	exemptions under Section 54.366 for dual-credit or other courses
92	92	provided by a public institution of higher education for which a
93	93	high school student may earn joint high school and college credit;
94	94	[and]
95	95	(13) designating at least one agency employee to act
96	96	as a liaison officer regarding educational issues related to
97	97	students in the conservatorship of the Department of Family and
98	98	Protective Services; and
99	99	(14) [(13)] providing other assistance as identified
100	100	by the agency.
101	101	SECTION 3. The heading to Section 37.0011, Education Code,
102	102	is amended to read as follows:
103	103	Sec. 37.0011. USE OF CORPORAL PUNISHMENT PROHIBITED.
104	104	SECTION 4. Section 37.0011(b), Education Code, is amended
105	105	to read as follows:
106	106	(b) Corporal [If the board of trustees of an independent
107	107	school district adopts a policy under Section 37.001(a)(8) under
108	108	which corporal] punishment is not permitted as a method of student
109	109	discipline. A [, a] district educator may not use corporal
110	110	punishment to discipline a student [unless the student's parent or
111	111	guardian or other person having lawful control over the student has
112	112	previously provided a written, signed statement prohibiting the use
113	113	of corporal punishment as a method of student discipline].
114	114	SECTION 5. Sections 37.0011(c) and (d), Education Code, are
115	115	repealed.
116	116	SECTION 6. This Act applies beginning with the 2017-2018
117	117	school year.
118	118	SECTION 7. To the extent of any conflict, this Act prevails
119	119	over another Act of the 85th Legislature, Regular Session, 2017,
120	120	relating to nonsubstantive additions to and corrections in enacted
121	121	codes.
122	122	SECTION 8. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2017.