87R8962 TSS-D
By: Allen H.B. No. 3879
A BILL TO BE ENTITLED
AN ACT
relating to corporal punishment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 37, Education Code, is amended by adding
Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
RELATING TO DISCIPLINE
Sec. 37.901. CORPORAL PUNISHMENT. (a) In this section,
"corporal punishment" includes hitting, spanking, paddling, or
deliberately inflicting physical pain by any means on the whole or
any part of a student's body as a penalty or punishment for the
student's behavior on or off campus.
(b) A school district employee or a volunteer or independent
contractor of a district may not administer corporal punishment or
cause corporal punishment to be administered to a student. This
subsection does not apply to corporal punishment administered off
campus by a parent to the parent's child.
(c) A school district employee or a volunteer or independent
contractor of a district may use reasonable and necessary
restraint, as defined by Section 37.0021.
(d) Section 9.62, Penal Code, and Section 22.0511(a) of this
code do not apply to an action of a school district employee or a
volunteer or independent contractor of a district that violates
Subsection (b).
SECTION 2. Section 37.0023, Education Code, is transferred
to Subchapter Z, Chapter 37, Education Code, as added by this Act,
redesignated as Section 37.902, Education Code, and amended to read
as follows:
Sec. 37.902 [37.0023]. PROHIBITED AVERSIVE TECHNIQUES. (a)
In this section, "aversive technique" means a technique or
intervention that is intended to reduce the likelihood of a
behavior reoccurring by intentionally inflicting on a student
significant physical or emotional discomfort or pain. The term
includes a technique or intervention that:
(1) is designed to or likely to cause physical pain[,
other than an intervention or technique permitted under Section
37.0011];
(2) [notwithstanding Section 37.0011,] is designed to
or likely to cause physical pain through the use of electric shock
or any procedure that involves the use of pressure points or joint
locks;
(3) involves the directed release of a noxious, toxic,
or otherwise unpleasant spray, mist, or substance near the
student's face;
(4) denies adequate sleep, air, food, water, shelter,
bedding, physical comfort, supervision, or access to a restroom
facility;
(5) ridicules or demeans the student in a manner that
adversely affects or endangers the learning or mental health of the
student or constitutes verbal abuse;
(6) employs a device, material, or object that
simultaneously immobilizes all four extremities, including any
procedure that results in such immobilization known as prone or
supine floor restraint;
(7) impairs the student's breathing, including any
procedure that involves:
(A) applying pressure to the student's torso or
neck; or
(B) obstructing the student's airway, including
placing an object in, on, or over the student's mouth or nose or
placing a bag, cover, or mask over the student's face;
(8) restricts the student's circulation;
(9) secures the student to a stationary object while
the student is in a sitting or standing position;
(10) inhibits, reduces, or hinders the student's
ability to communicate;
(11) involves the use of a chemical restraint;
(12) constitutes a use of timeout that precludes the
student from being able to be involved in and progress
appropriately in the required curriculum and, if applicable, toward
the annual goals included in the student's individualized education
program, including isolating the student by the use of physical
barriers; or
(13) except as provided by Subsection (c), deprives
the student of the use of one or more of the student's senses.
(b) A school district or school district employee or
volunteer or an independent contractor of a school district may not
apply an aversive technique, or by authorization, order, or
consent, cause an aversive technique to be applied, to a student.
(c) Notwithstanding Subsection (a)(13), an aversive
technique described by Subsection (a)(13) may be used if the
technique is executed in a manner that:
(1) does not cause the student discomfort or pain; or
(2) complies with the student's individualized
education program or behavior intervention plan.
(d) Nothing in this section may be construed to prohibit a
teacher from removing a student from class under Section 37.002.
(e) In adopting procedures under this section, the
commissioner shall provide guidance to school district employees,
volunteers, and independent contractors of school districts in
avoiding a violation of Subsection (b).
SECTION 3. 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 on [district policy relating
to] corporal punishment under Section 37.901.
SECTION 4. Section 25.007(b), Education Code, is 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) developing procedures to ensure that a new school
relies on decisions made by the previous school regarding placement
in courses or educational programs of a student who is homeless or
in substitute care and places the student in comparable courses or
educational programs at the new school, if those courses or
programs are available;
(5) 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;
(6) establishing procedures to lessen the adverse
impact of the movement of a student who is homeless or in substitute
care to a new school;
(7) 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;
(8) 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;
(9) 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, and
to provide comparable services to the student during the referral
process or until the new school develops an individualized
education program for the student;
(10) 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;
(F) reports of restraint and seclusion required
by Section 37.0021; and
(G) [use of corporal punishment as provided by
Section 37.0011; and
[(H)] appointment of a surrogate parent for the
child under Section 29.0151;
(11) 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;
(12) 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;
(13) 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;
(14) 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
(15) providing other assistance as identified by the
agency.
SECTION 5. Section 37.0011, Education Code, is repealed.
SECTION 6. This Act applies beginning with the 2021-2022
school year.
SECTION 7. 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, 2021.