85R5127 SRS-D
By: Minjarez H.B. No. 990
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of corporal punishment as a method of
student discipline.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, E, F, G, and J, Chapter 39;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213; [and]
(O) the right of a school employee to report a
crime, as provided by Section 37.148; and
(P) the prohibition of corporal punishment as a
method of student discipline under Section 37.0011.
SECTION 2. Section 22.0512(c), Education Code, is amended
to read as follows:
(c) This section does not prohibit a school district from[:
[(1) enforcing a policy relating to corporal
punishment; or
[(2) notwithstanding Subsection (a),] bringing a
disciplinary proceeding against a professional employee of the
district who violates the prohibition of [district policy relating
to] corporal punishment as a method of student discipline under
Section 37.0011.
SECTION 3. Section 25.007(b), Education Code, as amended by
Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494),
Acts of the 84th Legislature, Regular Session, 2015, is reenacted
and amended to read as follows:
(b) In recognition of the challenges faced by students who
are homeless or in substitute care, the agency shall assist the
transition of students who are homeless or in substitute care from
one school to another by:
(1) ensuring that school records for a student who is
homeless or in substitute care are transferred to the student's new
school not later than the 10th working day after the date the
student begins enrollment at the school;
(2) developing systems to ease transition of a student
who is homeless or in substitute care during the first two weeks of
enrollment at a new school;
(3) developing procedures for awarding credit,
including partial credit if appropriate, for course work, including
electives, completed by a student who is homeless or in substitute
care while enrolled at another school;
(4) promoting practices that facilitate access by a
student who is homeless or in substitute care to extracurricular
programs, summer programs, credit transfer services, electronic
courses provided under Chapter 30A, and after-school tutoring
programs at nominal or no cost;
(5) establishing procedures to lessen the adverse
impact of the movement of a student who is homeless or in substitute
care to a new school;
(6) entering into a memorandum of understanding with
the Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the transition
of students in substitute care from one school to another;
(7) encouraging school districts and open-enrollment
charter schools to provide services for a student who is homeless or
in substitute care in transition when applying for admission to
postsecondary study and when seeking sources of funding for
postsecondary study;
(8) requiring school districts, campuses, and
open-enrollment charter schools to accept a referral for special
education services made for a student who is homeless or in
substitute care by a school previously attended by the student;
(9) requiring school districts, campuses, and
open-enrollment charter schools to provide notice to the child's
educational decision-maker and caseworker regarding events that
may significantly impact the education of a child, including:
(A) requests or referrals for an evaluation under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
special education under Section 29.003;
(B) admission, review, and dismissal committee
meetings;
(C) manifestation determination reviews required
by Section 37.004(b);
(D) any disciplinary actions under Chapter 37 for
which parental notice is required;
(E) citations issued for Class C misdemeanor
offenses on school property or at school-sponsored activities; and
(F) reports of restraint and seclusion required
by Section 37.0021;[ and
[(G) use of corporal punishment as provided by
Section 37.0011;]
(10) developing procedures for allowing a student who
is homeless or in substitute care who was previously enrolled in a
course required for graduation the opportunity, to the extent
practicable, to complete the course, at no cost to the student,
before the beginning of the next school year;
(11) ensuring that a student who is homeless or in
substitute care who is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade nine, as determined by the district, has the student's course
credit accrual and personal graduation plan reviewed;
(12) ensuring that a student in substitute care who is
in grade 11 or 12 be provided information regarding tuition and fee
exemptions under Section 54.366 for dual-credit or other courses
provided by a public institution of higher education for which a
high school student may earn joint high school and college credit;
[and]
(13) designating at least one agency employee to act
as a liaison officer regarding educational issues related to
students in the conservatorship of the Department of Family and
Protective Services; and
(14) [(13)] providing other assistance as identified
by the agency.
SECTION 4. The heading to Section 37.0011, Education Code,
is amended to read as follows:
Sec. 37.0011. USE OF CORPORAL PUNISHMENT PROHIBITED.
SECTION 5. Section 37.0011(b), Education Code, is amended
to read as follows:
(b) Corporal [If the board of trustees of an independent
school district adopts a policy under Section 37.001(a)(8) under
which corporal] punishment is not permitted as a method of student
discipline. A [, a] district educator may not use corporal
punishment to discipline a student [unless the student's parent or
guardian or other person having lawful control over the student has
previously provided a written, signed statement prohibiting the use
of corporal punishment as a method of student discipline].
SECTION 6. Sections 37.0011(c) and (d), Education Code, are
repealed.
SECTION 7. This Act applies beginning with the 2017-2018
school year.
SECTION 8. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. 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, 2017.