Texas 2019 - 86th Regular

Texas Senate Bill SB1989 Compare Versions

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

Old	New	Differences
1	1	86R12684 TSS-F
2	2	By: Zaffirini S.B. No. 1989
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of restraint, seclusion, and time-out in public
8	8	schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 37, Education Code, is amended by adding
11	11	Subchapter J to read as follows:
12	12	SUBCHAPTER J. USE OF RESTRAINT, SECLUSION, AND TIME-OUT
13	13	Sec. 37.351. DEFINITIONS. In this subchapter:
14	14	(1) "Mechanical restraint" means a device used for the
15	15	restraint of a student.
16	16	(2) "Restraint" means the use of physical force or a
17	17	mechanical restraint to significantly restrict the free movement of
18	18	all or a portion of a student's body.
19	19	(3) "Seclusion" means a behavior management technique
20	20	in which a student is separated from other students and confined in
21	21	a box, closet, room, or other area from which the student may not
22	22	exit.
23	23	(4) "Time-out" means a behavior management technique
24	24	in which, to provide a student with an opportunity to regain
25	25	self-control, the student is separated from other students for a
26	26	limited period in the same classroom in a location where the student
27	27	can continue to hear and observe instruction.
28	28	Sec. 37.352. APPLICABILITY. (a) Except as provided by
29	29	Subsection (b), this subchapter applies to a person who provides
30	30	any service at a public school, regardless of whether the person
31	31	provides the service as an employee of the school, as a school
32	32	volunteer, or under a contract or other agreement with the school.
33	33	(b) This subchapter and any rules or procedures adopted
34	34	under this subchapter do not apply to:
35	35	(1) a peace officer, other than a school district
36	36	peace officer or school resource officer, performing law
37	37	enforcement duties;
38	38	(2) juvenile probation, detention, or corrections
39	39	personnel; or
40	40	(3) an educational services provider with whom a
41	41	student is placed by a judicial authority, unless the services are
42	42	provided in an educational program of a school district.
43	43	Sec. 37.353. USE OF RESTRAINT, SECLUSION, OR TIME-OUT. (a)
44	44	A person may not use restraint or time-out:
45	45	(1) to discipline, punish, coerce, or retaliate
46	46	against a student;
47	47	(2) for the purpose of convenience, including to ease
48	48	the performance of a person's duties; or
49	49	(3) to manage a physical, intellectual, or
50	50	developmental disability as a replacement for effective treatment
51	51	for the disability.
52	52	(b) Except as provided by Subsection (f), a person may not
53	53	seclude a student, including a student with a disability who
54	54	receives special education services under Subchapter A, Chapter 29,
55	55	or who is covered by Section 504, Rehabilitation Act of 1973 (29
56	56	U.S.C. Section 794).
57	57	(c) A person may not use on a student:
58	58	(1) a mechanical restraint; or
59	59	(2) a restraint that:
60	60	(A) obstructs a student's airway, including a
61	61	procedure that places anything in, on, or over the student's mouth
62	62	or nose;
63	63	(B) impairs the student's breathing by putting
64	64	pressure on the torso;
65	65	(C) restricts the student's circulation;
66	66	(D) secures a student to a stationary object;
67	67	(E) restricts a student's movement by causing
68	68	pain, including restraint using a pressure point or joint lock;
69	69	(F) interferes with the student's ability to
70	70	communicate, including by restraining the hands of a person who
71	71	uses American Sign Language;
72	72	(G) transmits an electrical charge;
73	73	(H) uses a chemical agent; or
74	74	(I) causes the student to become prone or supine.
75	75	(d) A student who is restrained may not be placed in
76	76	time-out.
77	77	(e) Except as provided by Subsection (f), a person may only
78	78	restrain a student if:
79	79	(1) the restraint is immediately necessary to prevent
80	80	the student from causing serious bodily harm to any person;
81	81	(2) the person has not been able to reduce the
82	82	potential for imminent harm through preventative de-escalatory or
83	83	redirection techniques;
84	84	(3) the force used to restrain the student is limited
85	85	to the amount of force immediately necessary to prevent the harm;
86	86	(4) the restraint lasts no longer than the shorter of:
87	87	(A) the duration of the threat of harm to any
88	88	person; or
89	89	(B) 15 minutes; and
90	90	(5) the health and safety of the student and others are
91	91	protected.
92	92	(f) For purposes of this subsection, "weapon" includes any
93	93	weapon described under Section 37.007(a)(1). A student in the
94	94	possession of a weapon may be restrained or secluded in an emergency
95	95	situation while awaiting the arrival of law enforcement personnel
96	96	if the restraint or seclusion is necessary to prevent the student
97	97	from causing serious bodily harm to any person.
98	98	(g) If a student is released from restraint, as required
99	99	under Subsection (e)(4), but still poses an immediate threat, the
100	100	student may be restrained again in accordance with Subsection (e).
101	101	(h) If a student experiences a medical emergency while
102	102	restrained or in time-out, the person responsible for the restraint
103	103	or time-out shall release the student and administer appropriate
104	104	medical care or contact emergency personnel.
105	105	(i) A student in a restraint or time-out shall be
106	106	immediately released and evacuated in the case of a mandatory
107	107	emergency drill or other event requiring the evacuation of
108	108	students.
109	109	Sec. 37.354. CONTACT NOT CONSIDERED RESTRAINT. (a) Unless
110	110	the student verbally or physically resists, the following contact
111	111	is not considered restraint for purposes of this subchapter:
112	112	(1) a device prescribed or provided by a medical
113	113	professional that may be included in the student's individualized
114	114	education program under Section 29.005 or physical contact that:
115	115	(A) assists a student's normal body position or
116	116	body movements; or
117	117	(B) prevents the student from engaging in
118	118	repetitive behavior harmful to the student;
119	119	(2) limited physical contact to:
120	120	(A) promote safety;
121	121	(B) prevent harm;
122	122	(C) teach an academic or athletic skill;
123	123	(D) redirect attention;
124	124	(E) provide directions; or
125	125	(F) provide comfort;
126	126	(3) time-out; or
127	127	(4) a seat belt or other safety equipment used to
128	128	secure a student during transportation.
129	129	(b) It is considered a restraint under this subchapter to
130	130	coerce or force a student into time-out or prevent the student from
131	131	leaving time-out.
132	132	Sec. 37.355. TRAINING. (a) The commissioner shall adopt
133	133	rules requiring each person who has direct contact with students to
134	134	complete competency-based training approved by the agency on the
135	135	proper use of restraint and time-out before being permitted to
136	136	restrain a student or place a student in time-out.
137	137	(b) The agency shall only approve a training program under
138	138	Subsection (a) that:
139	139	(1) is evidence-based, as defined by Section 8101,
140	140	Every Student Succeeds Act (20 U.S.C. Section 7801);
141	141	(2) promotes the prevention and minimization of the
142	142	use of restraint; and
143	143	(3) includes instruction on:
144	144	(A) positive strategies for behavioral
145	145	management, other than the use of restraint or seclusion, including
146	146	through trauma-informed practices;
147	147	(B) communication and collaboration techniques;
148	148	(C) identifying the potential causes of
149	149	aggressive or threatening behaviors, including recognizing
150	150	physical, intellectual, and developmental disabilities and a need
151	151	for physical, mental, or emotional health care;
152	152	(D) early recognition and mitigation of
153	153	situations that may lead to an imminent threat of serious bodily
154	154	harm, including through the use of a range of techniques for early
155	155	intervention, de-escalation, mediation, and problem-solving;
156	156	(E) common medications used by school-aged
157	157	children and their potential effects;
158	158	(F) the effects on a student's behavior and
159	159	responses to restraint or time-out of the student's:
160	160	(i) age;
161	161	(ii) weight;
162	162	(iii) intellectual and developmental
163	163	ability;
164	164	(iv) gender;
165	165	(v) cultural background;
166	166	(vi) race and ethnicity;
167	167	(vii) experience with trauma; and
168	168	(viii) history of physical contact or abuse
169	169	and the use of restraint, seclusion, or time-out;
170	170	(G) the psychological consequences of restraint
171	171	and time-out and the effect the consequences can have on behavior;
172	172	(H) identifying the symptoms of a medical
173	173	emergency during the use of restraint and appropriate responses;
174	174	and
175	175	(I) permitted and prohibited forms of restraint
176	176	and strategies for minimizing physical contact when restraining a
177	177	student.
178	178	(c) The agency shall review approved training programs
179	179	annually to ensure each training program is in compliance with this
180	180	subchapter.
181	181	(d) Rules adopted under this section must require a person
182	182	to complete initial and continuing training programs as determined
183	183	by the agency.
184	184	Sec. 37.356. POLICY ON USE OF RESTRAINT OR TIME-OUT. (a)
185	185	The board of trustees of a school district shall adopt a policy
186	186	regarding the appropriate use of restraint, seclusion, and
187	187	time-out. The policy may minimize the use of restraint or time-out
188	188	further than required under this subchapter.
189	189	(b) The board of trustees of a school district shall provide
190	190	written notice to each student's parent or person standing in
191	191	parental relation to the student of the district's policy regarding
192	192	the use of restraint and time-out.
193	193	Sec. 37.357. NOTICE OF USE OF RESTRAINT OR TIME-OUT. (a)
194	194	As soon as practicable but not later than the end of the same day an
195	195	incident involving the use of restraint or time-out occurs, the
196	196	principal or another appropriate administrator shall notify
197	197	verbally and in writing the parent or the person standing in
198	198	parental relation to the student who was restrained or placed in
199	199	time-out of the incident.
200	200	(b) The notice must include:
201	201	(1) the student's name;
202	202	(2) the name, position, and qualifications of the
203	203	person who restrained the student or placed the student in
204	204	time-out, including the training program under Section 37.355
205	205	completed by the person and the date of completion;
206	206	(3) the date and time of the restraint or time-out and
207	207	its duration;
208	208	(4) the location of the restraint or time-out,
209	209	including address and room number, as applicable;
210	210	(5) the specific type of restraint or time-out used;
211	211	(6) the student's description of the reasons for the
212	212	restraint or time-out;
213	213	(7) if a restraint was used, a description of the
214	214	emergency situation, including the specific imminent threat of
215	215	serious bodily harm posed by the student;
216	216	(8) the strategies and de-escalation efforts used to
217	217	avoid restraint or time-out and the student's response to those
218	218	strategies and efforts; and
219	219	(9) information on the procedure for the parent or
220	220	person to arrange a meeting with the principal, administrator, or
221	221	other district employee regarding the use of restraint or time-out.
222	222	(c) The principal or administrator shall electronically
223	223	submit a report to the agency describing each instance of the use of
224	224	restraint or time-out. The report shall include:
225	225	(1) the notice provided under this section;
226	226	(2) the name of the parent or person who was notified;
227	227	(3) the method of notification;
228	228	(4) the date and time of the notification;
229	229	(5) if the parent of or person standing in parental
230	230	relation to the student attended a meeting regarding the incident;
231	231	and
232	232	(6) the date, time, and content of any meeting held.
233	233	(d) The principal or administrator shall keep a copy of the
234	234	report sent to the agency as part of the student's permanent record.
235	235	Sec. 37.358. REPORT. The agency shall collect and analyze
236	236	the information submitted by school districts under Section 37.357
237	237	and, not later than December 1 of each even-numbered year, submit a
238	238	report to the members of the legislature summarizing the use of
239	239	restraint and time-out in public schools in the state.
240	240	Sec. 37.359. RETALIATION PROHIBITED. A school district may
241	241	not retaliate against a student, employee, or other person who in
242	242	good faith makes a complaint to the agency or another organization
243	243	regarding the use of restraint, seclusion, or time-out in a school.
244	244	Sec. 37.360. RULES. The commissioner shall adopt rules to
245	245	implement this subchapter.
246	246	SECTION 2. Section 12.104(b), Education Code, as amended by
247	247	Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
248	248	of the 85th Legislature, Regular Session, 2017, is reenacted and
249	249	amended to read as follows:
250	250	(b) An open-enrollment charter school is subject to:
251	251	(1) a provision of this title establishing a criminal
252	252	offense; and
253	253	(2) a prohibition, restriction, or requirement, as
254	254	applicable, imposed by this title or a rule adopted under this
255	255	title, relating to:
256	256	(A) the Public Education Information Management
257	257	System (PEIMS) to the extent necessary to monitor compliance with
258	258	this subchapter as determined by the commissioner;
259	259	(B) criminal history records under Subchapter C,
260	260	Chapter 22;
261	261	(C) reading instruments and accelerated reading
262	262	instruction programs under Section 28.006;
263	263	(D) accelerated instruction under Section
264	264	28.0211;
265	265	(E) high school graduation requirements under
266	266	Section 28.025;
267	267	(F) special education programs under Subchapter
268	268	A, Chapter 29;
269	269	(G) bilingual education under Subchapter B,
270	270	Chapter 29;
271	271	(H) prekindergarten programs under Subchapter E
272	272	or E-1, Chapter 29;
273	273	(I) extracurricular activities under Section
274	274	33.081;
275	275	(J) discipline management practices or behavior
276	276	management techniques under Subchapter J, Chapter 37 [Section
277	277	37.0021];
278	278	(K) health and safety under Chapter 38;
279	279	(L) public school accountability under
280	280	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
281	281	(M) the requirement under Section 21.006 to
282	282	report an educator's misconduct;
283	283	(N) intensive programs of instruction under
284	284	Section 28.0213;
285	285	(O) the right of a school employee to report a
286	286	crime, as provided by Section 37.148; [and]
287	287	(P) bullying prevention policies and procedures
288	288	under Section 37.0832;
289	289	(Q) the right of a school under Section 37.0052
290	290	to place a student who has engaged in certain bullying behavior in a
291	291	disciplinary alternative education program or to expel the student;
292	292	[and]
293	293	(R) the right under Section 37.0151 to report to
294	294	local law enforcement certain conduct constituting assault or
295	295	harassment; and
296	296	(S) [(P)] a parent's right to information
297	297	regarding the provision of assistance for learning difficulties to
298	298	the parent's child as provided by Sections 26.004(b)(11) and
299	299	26.0081(c) and (d).
300	300	SECTION 3. Section 22.0512(a), Education Code, is amended
301	301	to read as follows:
302	302	(a) A professional employee of a school district may not be
303	303	subject to disciplinary proceedings for the employee's use of
304	304	physical force against a student to the extent justified under
305	305	Subchapter J, Chapter 37 [Section 9.62, Penal Code].
306	306	SECTION 4. Section 25.007(b), Education Code, is amended to
307	307	read as follows:
308	308	(b) In recognition of the challenges faced by students who
309	309	are homeless or in substitute care, the agency shall assist the
310	310	transition of students who are homeless or in substitute care from
311	311	one school to another by:
312	312	(1) ensuring that school records for a student who is
313	313	homeless or in substitute care are transferred to the student's new
314	314	school not later than the 10th working day after the date the
315	315	student begins enrollment at the school;
316	316	(2) developing systems to ease transition of a student
317	317	who is homeless or in substitute care during the first two weeks of
318	318	enrollment at a new school;
319	319	(3) developing procedures for awarding credit,
320	320	including partial credit if appropriate, for course work, including
321	321	electives, completed by a student who is homeless or in substitute
322	322	care while enrolled at another school;
323	323	(4) developing procedures to ensure that a new school
324	324	relies on decisions made by the previous school regarding placement
325	325	in courses or educational programs of a student who is homeless or
326	326	in substitute care and places the student in comparable courses or
327	327	educational programs at the new school, if those courses or
328	328	programs are available;
329	329	(5) promoting practices that facilitate access by a
330	330	student who is homeless or in substitute care to extracurricular
331	331	programs, summer programs, credit transfer services, electronic
332	332	courses provided under Chapter 30A, and after-school tutoring
333	333	programs at nominal or no cost;
334	334	(6) establishing procedures to lessen the adverse
335	335	impact of the movement of a student who is homeless or in substitute
336	336	care to a new school;
337	337	(7) entering into a memorandum of understanding with
338	338	the Department of Family and Protective Services regarding the
339	339	exchange of information as appropriate to facilitate the transition
340	340	of students in substitute care from one school to another;
341	341	(8) encouraging school districts and open-enrollment
342	342	charter schools to provide services for a student who is homeless or
343	343	in substitute care in transition when applying for admission to
344	344	postsecondary study and when seeking sources of funding for
345	345	postsecondary study;
346	346	(9) requiring school districts, campuses, and
347	347	open-enrollment charter schools to accept a referral for special
348	348	education services made for a student who is homeless or in
349	349	substitute care by a school previously attended by the student, and
350	350	to provide comparable services to the student during the referral
351	351	process or until the new school develops an individualized
352	352	education program for the student;
353	353	(10) requiring school districts, campuses, and
354	354	open-enrollment charter schools to provide notice to the child's
355	355	educational decision-maker and caseworker regarding events that
356	356	may significantly impact the education of a child, including:
357	357	(A) requests or referrals for an evaluation under
358	358	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
359	359	special education under Section 29.003;
360	360	(B) admission, review, and dismissal committee
361	361	meetings;
362	362	(C) manifestation determination reviews required
363	363	by Section 37.004(b);
364	364	(D) any disciplinary actions under Chapter 37 for
365	365	which parental notice is required;
366	366	(E) citations issued for Class C misdemeanor
367	367	offenses on school property or at school-sponsored activities; and
368	368	(F) reports of restraint and time-out [and
369	369	seclusion] required by Subchapter J, Chapter 37 [Section 37.0021;
370	370	and
371	371	[(G) use of corporal punishment as provided by
372	372	Section 37.0011];
373	373	(11) developing procedures for allowing a student who
374	374	is homeless or in substitute care who was previously enrolled in a
375	375	course required for graduation the opportunity, to the extent
376	376	practicable, to complete the course, at no cost to the student,
377	377	before the beginning of the next school year;
378	378	(12) ensuring that a student who is homeless or in
379	379	substitute care who is not likely to receive a high school diploma
380	380	before the fifth school year following the student's enrollment in
381	381	grade nine, as determined by the district, has the student's course
382	382	credit accrual and personal graduation plan reviewed;
383	383	(13) ensuring that a student in substitute care who is
384	384	in grade 11 or 12 be provided information regarding tuition and fee
385	385	exemptions under Section 54.366 for dual-credit or other courses
386	386	provided by a public institution of higher education for which a
387	387	high school student may earn joint high school and college credit;
388	388	(14) designating at least one agency employee to act
389	389	as a liaison officer regarding educational issues related to
390	390	students in the conservatorship of the Department of Family and
391	391	Protective Services; and
392	392	(15) providing other assistance as identified by the
393	393	agency.
394	394	SECTION 5. Section 29.022(u), Education Code, is amended to
395	395	read as follows:
396	396	(u) In this section:
397	397	(1) "Parent" includes a guardian or other person
398	398	standing in parental relation to a student.
399	399	(2) "School business day" means a day that campus or
400	400	school district administrative offices are open.
401	401	(3) "Self-contained classroom" does not include a
402	402	classroom that is a resource room instructional arrangement under
403	403	Section 42.151.
404	404	(4) "Staff member" means a teacher, related service
405	405	provider, paraprofessional, counselor, or educational aide
406	406	assigned to work in a self-contained classroom or other special
407	407	education setting.
408	408	(5) "Time-out" has the meaning assigned by Section
409	409	37.351 [37.0021].
410	410	SECTION 6. Section 29.454(a), Education Code, is amended to
411	411	read as follows:
412	412	(a) The discipline of an alleged offender resident by a
413	413	school district is subject to Section [Sections 37.0021 and] 37.004
414	414	and Subchapter J, Chapter 37, and to federal law governing the
415	415	discipline of students with disabilities.
416	416	SECTION 7. The following provisions are repealed:
417	417	(1) Section 37.0011, Education Code;
418	418	(2) Section 37.0021, Education Code; and
419	419	(3) Section 9.62, Penal Code.
420	420	SECTION 8. As soon as practicable after the effective date
421	421	of this Act, the board of trustees of each school district and the
422	422	governing body of each open-enrollment charter school shall adopt a
423	423	policy as required by Section 37.356, Education Code, as added by
424	424	this Act.
425	425	SECTION 9. As soon as practicable after the effective date
426	426	of this Act, but not later than September 1, 2020, the commissioner
427	427	of education shall adopt rules as necessary to implement Section
428	428	37.355, Education Code, as added by this Act.
429	429	SECTION 10. Notwithstanding Section 37.355, Education
430	430	Code, as added by this Act, a person authorized to use restraint or
431	431	time-out on a student must complete the training required by
432	432	Section 37.355, Education Code, as added by this Act, not later than
433	433	September 1, 2021.
434	434	SECTION 11. To the extent of any conflict, this Act prevails
435	435	over another Act of the 86th Legislature, Regular Session, 2019,
436	436	relating to nonsubstantive additions to and corrections in enacted
437	437	codes.
438	438	SECTION 12. This Act applies beginning with the 2019-2020
439	439	school year.
440	440	SECTION 13. This Act takes effect immediately if it
441	441	receives a vote of two-thirds of all the members elected to each
442	442	house, as provided by Section 39, Article III, Texas Constitution.
443	443	If this Act does not receive the vote necessary for immediate
444	444	effect, this Act takes effect September 1, 2019.