Texas 2017 - 85th Regular

Texas House Bill HB990 Compare Versions

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

Old	New	Differences
1	1	85R5127 SRS-D
2	2	By: Minjarez H.B. No. 990
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 12.104(b), Education Code, is amended to
11	11	read as follows:
12	12	(b) An open-enrollment charter school is subject to:
13	13	(1) a provision of this title establishing a criminal
14	14	offense; and
15	15	(2) a prohibition, restriction, or requirement, as
16	16	applicable, imposed by this title or a rule adopted under this
17	17	title, relating to:
18	18	(A) the Public Education Information Management
19	19	System (PEIMS) to the extent necessary to monitor compliance with
20	20	this subchapter as determined by the commissioner;
21	21	(B) criminal history records under Subchapter C,
22	22	Chapter 22;
23	23	(C) reading instruments and accelerated reading
24	24	instruction programs under Section 28.006;
25	25	(D) accelerated instruction under Section
26	26	28.0211;
27	27	(E) high school graduation requirements under
28	28	Section 28.025;
29	29	(F) special education programs under Subchapter
30	30	A, Chapter 29;
31	31	(G) bilingual education under Subchapter B,
32	32	Chapter 29;
33	33	(H) prekindergarten programs under Subchapter E
34	34	or E-1, Chapter 29;
35	35	(I) extracurricular activities under Section
36	36	33.081;
37	37	(J) discipline management practices or behavior
38	38	management techniques under Section 37.0021;
39	39	(K) health and safety under Chapter 38;
40	40	(L) public school accountability under
41	41	Subchapters B, C, D, E, F, G, and J, Chapter 39;
42	42	(M) the requirement under Section 21.006 to
43	43	report an educator's misconduct;
44	44	(N) intensive programs of instruction under
45	45	Section 28.0213; [and]
46	46	(O) the right of a school employee to report a
47	47	crime, as provided by Section 37.148; and
48	48	(P) the prohibition of corporal punishment as a
49	49	method of student discipline under Section 37.0011.
50	50	SECTION 2. Section 22.0512(c), Education Code, is amended
51	51	to read as follows:
52	52	(c) This section does not prohibit a school district from[:
53	53	[(1) enforcing a policy relating to corporal
54	54	punishment; or
55	55	[(2) notwithstanding Subsection (a),] bringing a
56	56	disciplinary proceeding against a professional employee of the
57	57	district who violates the prohibition of [district policy relating
58	58	to] corporal punishment as a method of student discipline under
59	59	Section 37.0011.
60	60	SECTION 3. Section 25.007(b), Education Code, as amended by
61	61	Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494),
62	62	Acts of the 84th Legislature, Regular Session, 2015, is reenacted
63	63	and amended to read as follows:
64	64	(b) In recognition of the challenges faced by students who
65	65	are homeless or in substitute care, the agency shall assist the
66	66	transition of students who are homeless or in substitute care from
67	67	one school to another by:
68	68	(1) ensuring that school records for a student who is
69	69	homeless or in substitute care are transferred to the student's new
70	70	school not later than the 10th working day after the date the
71	71	student begins enrollment at the school;
72	72	(2) developing systems to ease transition of a student
73	73	who is homeless or in substitute care during the first two weeks of
74	74	enrollment at a new school;
75	75	(3) developing procedures for awarding credit,
76	76	including partial credit if appropriate, for course work, including
77	77	electives, completed by a student who is homeless or in substitute
78	78	care while enrolled at another school;
79	79	(4) promoting practices that facilitate access by a
80	80	student who is homeless or in substitute care to extracurricular
81	81	programs, summer programs, credit transfer services, electronic
82	82	courses provided under Chapter 30A, and after-school tutoring
83	83	programs at nominal or no cost;
84	84	(5) establishing procedures to lessen the adverse
85	85	impact of the movement of a student who is homeless or in substitute
86	86	care to a new school;
87	87	(6) entering into a memorandum of understanding with
88	88	the Department of Family and Protective Services regarding the
89	89	exchange of information as appropriate to facilitate the transition
90	90	of students in substitute care from one school to another;
91	91	(7) encouraging school districts and open-enrollment
92	92	charter schools to provide services for a student who is homeless or
93	93	in substitute care in transition when applying for admission to
94	94	postsecondary study and when seeking sources of funding for
95	95	postsecondary study;
96	96	(8) requiring school districts, campuses, and
97	97	open-enrollment charter schools to accept a referral for special
98	98	education services made for a student who is homeless or in
99	99	substitute care by a school previously attended by the student;
100	100	(9) requiring school districts, campuses, and
101	101	open-enrollment charter schools to provide notice to the child's
102	102	educational decision-maker and caseworker regarding events that
103	103	may significantly impact the education of a child, including:
104	104	(A) requests or referrals for an evaluation under
105	105	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
106	106	special education under Section 29.003;
107	107	(B) admission, review, and dismissal committee
108	108	meetings;
109	109	(C) manifestation determination reviews required
110	110	by Section 37.004(b);
111	111	(D) any disciplinary actions under Chapter 37 for
112	112	which parental notice is required;
113	113	(E) citations issued for Class C misdemeanor
114	114	offenses on school property or at school-sponsored activities; and
115	115	(F) reports of restraint and seclusion required
116	116	by Section 37.0021;[ and
117	117	[(G) use of corporal punishment as provided by
118	118	Section 37.0011;]
119	119	(10) developing procedures for allowing a student who
120	120	is homeless or in substitute care who was previously enrolled in a
121	121	course required for graduation the opportunity, to the extent
122	122	practicable, to complete the course, at no cost to the student,
123	123	before the beginning of the next school year;
124	124	(11) ensuring that a student who is homeless or in
125	125	substitute care who is not likely to receive a high school diploma
126	126	before the fifth school year following the student's enrollment in
127	127	grade nine, as determined by the district, has the student's course
128	128	credit accrual and personal graduation plan reviewed;
129	129	(12) ensuring that a student in substitute care who is
130	130	in grade 11 or 12 be provided information regarding tuition and fee
131	131	exemptions under Section 54.366 for dual-credit or other courses
132	132	provided by a public institution of higher education for which a
133	133	high school student may earn joint high school and college credit;
134	134	[and]
135	135	(13) designating at least one agency employee to act
136	136	as a liaison officer regarding educational issues related to
137	137	students in the conservatorship of the Department of Family and
138	138	Protective Services; and
139	139	(14) [(13)] providing other assistance as identified
140	140	by the agency.
141	141	SECTION 4. The heading to Section 37.0011, Education Code,
142	142	is amended to read as follows:
143	143	Sec. 37.0011. USE OF CORPORAL PUNISHMENT PROHIBITED.
144	144	SECTION 5. Section 37.0011(b), Education Code, is amended
145	145	to read as follows:
146	146	(b) Corporal [If the board of trustees of an independent
147	147	school district adopts a policy under Section 37.001(a)(8) under
148	148	which corporal] punishment is not permitted as a method of student
149	149	discipline. A [, a] district educator may not use corporal
150	150	punishment to discipline a student [unless the student's parent or
151	151	guardian or other person having lawful control over the student has
152	152	previously provided a written, signed statement prohibiting the use
153	153	of corporal punishment as a method of student discipline].
154	154	SECTION 6. Sections 37.0011(c) and (d), Education Code, are
155	155	repealed.
156	156	SECTION 7. This Act applies beginning with the 2017-2018
157	157	school year.
158	158	SECTION 8. To the extent of any conflict, this Act prevails
159	159	over another Act of the 85th Legislature, Regular Session, 2017,
160	160	relating to nonsubstantive additions to and corrections in enacted
161	161	codes.
162	162	SECTION 9. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect September 1, 2017.