| 4 | 6 | | |
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| 5 | 7 | | |
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| 6 | 8 | | A BILL TO BE ENTITLED |
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| 7 | 9 | | AN ACT |
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| 8 | 10 | | relating to prohibiting the physical restraint of or use of |
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| 9 | 11 | | chemical irritants on certain public school students by peace |
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| 10 | 12 | | officers and school security personnel under certain |
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| 11 | 13 | | circumstances. |
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| 12 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 15 | | SECTION 1. Section 37.0021, Education Code, is amended by |
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| 14 | 16 | | amending Subsection (d) and adding Subsection (j) to read as |
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| 15 | 17 | | follows: |
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| 16 | 18 | | (d) Subject to Subsection (j), the [The] commissioner by |
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| 17 | 19 | | rule shall adopt procedures for the use of restraint and time-out by |
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| 18 | 20 | | a school district employee or volunteer or an independent |
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| 19 | 21 | | contractor of a district in the case of a student with a disability |
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| 20 | 22 | | receiving special education services under Subchapter A, Chapter |
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| 21 | 23 | | 29. A procedure adopted under this subsection must: |
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| 22 | 24 | | (1) be consistent with: |
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| 23 | 25 | | (A) professionally accepted practices and |
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| 24 | 26 | | standards of student discipline and techniques for behavior |
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| 25 | 27 | | management; and |
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| 26 | 28 | | (B) relevant health and safety standards; and |
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| 27 | 29 | | (2) identify any discipline management practice or |
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| 28 | 30 | | behavior management technique that requires a district employee or |
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| 29 | 31 | | volunteer or an independent contractor of a district to be trained |
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| 30 | 32 | | before using that practice or technique. |
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| 31 | 33 | | (j) A peace officer performing law enforcement duties or |
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| 32 | 34 | | school security personnel performing security-related duties on |
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| 33 | 35 | | school property or at a school-sponsored or school-related activity |
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| 34 | 36 | | may not restrain or use a chemical irritant spray on a student 10 |
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| 35 | 37 | | years of age or younger unless the student poses a serious risk of |
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| 36 | 38 | | harm to the student or another person. |
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| 37 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 43 | | Act takes effect September 1, 2021. |
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