Texas 2019 - 86th Regular

Texas House Bill HB420 Compare Versions

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

Old	New	Differences
1	1	86R4276 MP-D
2	2	By: Bernal H.B. No. 420
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to corporal punishment in public schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 37, Education Code, is amended by adding
10	10	Subchapter Z to read as follows:
11	11	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
12	12	RELATING TO DISCIPLINE
13	13	Sec. 37.901. CORPORAL PUNISHMENT. (a) In this section,
14	14	"corporal punishment" includes hitting, spanking, paddling, or
15	15	deliberately inflicting physical pain by any means on the whole or
16	16	any part of a student's body as a penalty or punishment for the
17	17	student's behavior on or off campus.
18	18	(b) A school district employee or a volunteer or independent
19	19	contractor of a district may not administer corporal punishment or
20	20	cause corporal punishment to be administered to a student. This
21	21	subsection does not apply to corporal punishment administered off
22	22	campus by a parent to the parent's child.
23	23	(c) A school district employee or a volunteer or independent
24	24	contractor of a district may use reasonable and necessary
25	25	restraint, as defined by Section 37.0021.
26	26	(d) Section 9.62, Penal Code, and Section 22.0511(a) of this
27	27	code do not apply to an action of a school district employee or a
28	28	volunteer or independent contractor of a district that violates
29	29	Subsection (b).
30	30	SECTION 2. Section 22.0512(c), Education Code, is amended
31	31	to read as follows:
32	32	(c) This section does not prohibit a school district from[:
33	33	[(1) enforcing a policy relating to corporal
34	34	punishment; or
35	35	[(2) notwithstanding Subsection (a),] bringing a
36	36	disciplinary proceeding against a professional employee of the
37	37	district who violates the prohibition on [district policy relating
38	38	to] corporal punishment under Section 37.901.
39	39	SECTION 3. Section 25.007(b), Education Code, is amended to
40	40	read as follows:
41	41	(b) In recognition of the challenges faced by students who
42	42	are homeless or in substitute care, the agency shall assist the
43	43	transition of students who are homeless or in substitute care from
44	44	one school to another by:
45	45	(1) ensuring that school records for a student who is
46	46	homeless or in substitute care are transferred to the student's new
47	47	school not later than the 10th working day after the date the
48	48	student begins enrollment at the school;
49	49	(2) developing systems to ease transition of a student
50	50	who is homeless or in substitute care during the first two weeks of
51	51	enrollment at a new school;
52	52	(3) developing procedures for awarding credit,
53	53	including partial credit if appropriate, for course work, including
54	54	electives, completed by a student who is homeless or in substitute
55	55	care while enrolled at another school;
56	56	(4) developing procedures to ensure that a new school
57	57	relies on decisions made by the previous school regarding placement
58	58	in courses or educational programs of a student who is homeless or
59	59	in substitute care and places the student in comparable courses or
60	60	educational programs at the new school, if those courses or
61	61	programs are available;
62	62	(5) promoting practices that facilitate access by a
63	63	student who is homeless or in substitute care to extracurricular
64	64	programs, summer programs, credit transfer services, electronic
65	65	courses provided under Chapter 30A, and after-school tutoring
66	66	programs at nominal or no cost;
67	67	(6) establishing procedures to lessen the adverse
68	68	impact of the movement of a student who is homeless or in substitute
69	69	care to a new school;
70	70	(7) entering into a memorandum of understanding with
71	71	the Department of Family and Protective Services regarding the
72	72	exchange of information as appropriate to facilitate the transition
73	73	of students in substitute care from one school to another;
74	74	(8) encouraging school districts and open-enrollment
75	75	charter schools to provide services for a student who is homeless or
76	76	in substitute care in transition when applying for admission to
77	77	postsecondary study and when seeking sources of funding for
78	78	postsecondary study;
79	79	(9) requiring school districts, campuses, and
80	80	open-enrollment charter schools to accept a referral for special
81	81	education services made for a student who is homeless or in
82	82	substitute care by a school previously attended by the student, and
83	83	to provide comparable services to the student during the referral
84	84	process or until the new school develops an individualized
85	85	education program for the student;
86	86	(10) requiring school districts, campuses, and
87	87	open-enrollment charter schools to provide notice to the child's
88	88	educational decision-maker and caseworker regarding events that
89	89	may significantly impact the education of a child, including:
90	90	(A) requests or referrals for an evaluation under
91	91	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
92	92	special education under Section 29.003;
93	93	(B) admission, review, and dismissal committee
94	94	meetings;
95	95	(C) manifestation determination reviews required
96	96	by Section 37.004(b);
97	97	(D) any disciplinary actions under Chapter 37 for
98	98	which parental notice is required;
99	99	(E) citations issued for Class C misdemeanor
100	100	offenses on school property or at school-sponsored activities; and
101	101	(F) reports of restraint and seclusion required
102	102	by Section 37.0021; [and
103	103	[(G) use of corporal punishment as provided by
104	104	Section 37.0011;]
105	105	(11) developing procedures for allowing a student who
106	106	is homeless or in substitute care who was previously enrolled in a
107	107	course required for graduation the opportunity, to the extent
108	108	practicable, to complete the course, at no cost to the student,
109	109	before the beginning of the next school year;
110	110	(12) ensuring that a student who is homeless or in
111	111	substitute care who is not likely to receive a high school diploma
112	112	before the fifth school year following the student's enrollment in
113	113	grade nine, as determined by the district, has the student's course
114	114	credit accrual and personal graduation plan reviewed;
115	115	(13) ensuring that a student in substitute care who is
116	116	in grade 11 or 12 be provided information regarding tuition and fee
117	117	exemptions under Section 54.366 for dual-credit or other courses
118	118	provided by a public institution of higher education for which a
119	119	high school student may earn joint high school and college credit;
120	120	(14) designating at least one agency employee to act
121	121	as a liaison officer regarding educational issues related to
122	122	students in the conservatorship of the Department of Family and
123	123	Protective Services; and
124	124	(15) providing other assistance as identified by the
125	125	agency.
126	126	SECTION 4. Section 37.0011, Education Code, is repealed.
127	127	SECTION 5. This Act applies beginning with the 2019-2020
128	128	school year.
129	129	SECTION 6. This Act takes effect immediately if it receives
130	130	a vote of two-thirds of all the members elected to each house, as
131	131	provided by Section 39, Article III, Texas Constitution. If this
132	132	Act does not receive the vote necessary for immediate effect, this
133	133	Act takes effect September 1, 2019.