| 1 | 1 | | 87R10512 TSS-D |
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| 2 | 2 | | By: Lucio S.B. No. 1595 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of corporal punishment in public schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 37.0011, Education Code, is amended by |
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| 10 | 10 | | amending Subsections (b) and (c) and adding Subsection (e) to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) If the board of trustees of an independent school |
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| 13 | 13 | | district adopts a policy under Section 37.001(a)(8) under which |
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| 14 | 14 | | corporal punishment is permitted as a method of student discipline, |
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| 15 | 15 | | a district educator may not use corporal punishment to discipline a |
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| 16 | 16 | | student unless: |
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| 17 | 17 | | (1) the student's parent or guardian or other person |
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| 18 | 18 | | having lawful control over the student has previously provided a |
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| 19 | 19 | | written, signed statement permitting [prohibiting] the use of |
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| 20 | 20 | | corporal punishment as a method of student discipline; and |
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| 21 | 21 | | (2) if the student receives special education services |
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| 22 | 22 | | under Subchapter A, Chapter 29, the use of corporal punishment is |
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| 23 | 23 | | authorized under the student's individualized education program. |
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| 24 | 24 | | (c) To permit [prohibit] the use of corporal punishment as a |
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| 25 | 25 | | method of student discipline, each school year a student's parent |
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| 26 | 26 | | or guardian or other person having lawful control over the student |
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| 27 | 27 | | must provide a separate written, signed statement to the board of |
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| 28 | 28 | | trustees of the school district in the manner established by the |
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| 29 | 29 | | board. |
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| 30 | 30 | | (e) A school district shall report through the district's |
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| 31 | 31 | | Public Education Information Management System (PEIMS): |
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| 32 | 32 | | (1) whether the board of trustees adopted a policy |
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| 33 | 33 | | under Section 37.001(a)(8) under which corporal punishment is |
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| 34 | 34 | | permitted as a method of student discipline; and |
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| 35 | 35 | | (2) a description, including the manner and |
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| 36 | 36 | | circumstances, of each use of corporal punishment as a method of |
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| 37 | 37 | | student discipline by a district educator under Subsection (b). |
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| 38 | 38 | | SECTION 2. This Act applies beginning with the 2021-2022 |
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| 39 | 39 | | school year. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2021. |
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