Texas 2023 - 88th Regular

Texas House Bill HB772 Compare Versions

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1	1	88R2763 AMF-D
2	2	By: Allen H.B. No. 772
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 37.0023, Education Code, is transferred
31	31	to Subchapter Z, Chapter 37, Education Code, as added by this Act,
32	32	redesignated as Section 37.902, Education Code, and amended to read
33	33	as follows:
34	34	Sec. 37.902 [37.0023]. PROHIBITED AVERSIVE TECHNIQUES. (a)
35	35	In this section, "aversive technique" means a technique or
36	36	intervention that is intended to reduce the likelihood of a
37	37	behavior reoccurring by intentionally inflicting on a student
38	38	significant physical or emotional discomfort or pain. The term
39	39	includes a technique or intervention that:
40	40	(1) is designed to or likely to cause physical pain[,
41	41	other than an intervention or technique permitted under Section
42	42	37.0011];
43	43	(2) [notwithstanding Section 37.0011,] is designed to
44	44	or likely to cause physical pain through the use of electric shock
45	45	or any procedure that involves the use of pressure points or joint
46	46	locks;
47	47	(3) involves the directed release of a noxious, toxic,
48	48	or otherwise unpleasant spray, mist, or substance near the
49	49	student's face;
50	50	(4) denies adequate sleep, air, food, water, shelter,
51	51	bedding, physical comfort, supervision, or access to a restroom
52	52	facility;
53	53	(5) ridicules or demeans the student in a manner that
54	54	adversely affects or endangers the learning or mental health of the
55	55	student or constitutes verbal abuse;
56	56	(6) employs a device, material, or object that
57	57	simultaneously immobilizes all four extremities, including any
58	58	procedure that results in such immobilization known as prone or
59	59	supine floor restraint;
60	60	(7) impairs the student's breathing, including any
61	61	procedure that involves:
62	62	(A) applying pressure to the student's torso or
63	63	neck; or
64	64	(B) obstructing the student's airway, including
65	65	placing an object in, on, or over the student's mouth or nose or
66	66	placing a bag, cover, or mask over the student's face;
67	67	(8) restricts the student's circulation;
68	68	(9) secures the student to a stationary object while
69	69	the student is in a sitting or standing position;
70	70	(10) inhibits, reduces, or hinders the student's
71	71	ability to communicate;
72	72	(11) involves the use of a chemical restraint;
73	73	(12) constitutes a use of timeout that precludes the
74	74	student from being able to be involved in and progress
75	75	appropriately in the required curriculum and, if applicable, toward
76	76	the annual goals included in the student's individualized education
77	77	program, including isolating the student by the use of physical
78	78	barriers; or
79	79	(13) except as provided by Subsection (c), deprives
80	80	the student of the use of one or more of the student's senses.
81	81	(b) A school district or school district employee or
82	82	volunteer or an independent contractor of a school district may not
83	83	apply an aversive technique, or by authorization, order, or
84	84	consent, cause an aversive technique to be applied, to a student.
85	85	(c) Notwithstanding Subsection (a)(13), an aversive
86	86	technique described by Subsection (a)(13) may be used if the
87	87	technique is executed in a manner that:
88	88	(1) does not cause the student discomfort or pain; or
89	89	(2) complies with the student's individualized
90	90	education program or behavior intervention plan.
91	91	(d) Nothing in this section may be construed to prohibit a
92	92	teacher from removing a student from class under Section 37.002.
93	93	(e) In adopting procedures under this section, the
94	94	commissioner shall provide guidance to school district employees,
95	95	volunteers, and independent contractors of school districts in
96	96	avoiding a violation of Subsection (b).
97	97	SECTION 3. Section 22.0512(c), Education Code, is amended
98	98	to read as follows:
99	99	(c) This section does not prohibit a school district from[:
100	100	[(1) enforcing a policy relating to corporal
101	101	punishment; or
102	102	[(2) notwithstanding Subsection (a),] bringing a
103	103	disciplinary proceeding against a professional employee of the
104	104	district who violates the prohibition on [district policy relating
105	105	to] corporal punishment under Section 37.901.
106	106	SECTION 4. Section 25.007(b), Education Code, is amended to
107	107	read as follows:
108	108	(b) In recognition of the challenges faced by students who
109	109	are homeless or in substitute care, the agency shall assist the
110	110	transition of students who are homeless or in substitute care from
111	111	one school to another by:
112	112	(1) ensuring that school records for a student who is
113	113	homeless or in substitute care are transferred to the student's new
114	114	school not later than the 10th working day after the date the
115	115	student begins enrollment at the school;
116	116	(2) developing systems to ease transition of a student
117	117	who is homeless or in substitute care during the first two weeks of
118	118	enrollment at a new school;
119	119	(3) developing procedures for awarding credit,
120	120	including partial credit if appropriate, for course work, including
121	121	electives, completed by a student who is homeless or in substitute
122	122	care while enrolled at another school;
123	123	(4) developing procedures to ensure that a new school
124	124	relies on decisions made by the previous school regarding placement
125	125	in courses or educational programs of a student who is homeless or
126	126	in substitute care and places the student in comparable courses or
127	127	educational programs at the new school, if those courses or
128	128	programs are available;
129	129	(5) promoting practices that facilitate access by a
130	130	student who is homeless or in substitute care to extracurricular
131	131	programs, summer programs, credit transfer services, electronic
132	132	courses provided under Chapter 30A, and after-school tutoring
133	133	programs at nominal or no cost;
134	134	(6) establishing procedures to lessen the adverse
135	135	impact of the movement of a student who is homeless or in substitute
136	136	care to a new school;
137	137	(7) entering into a memorandum of understanding with
138	138	the Department of Family and Protective Services regarding the
139	139	exchange of information as appropriate to facilitate the transition
140	140	of students in substitute care from one school to another;
141	141	(8) encouraging school districts and open-enrollment
142	142	charter schools to provide services for a student who is homeless or
143	143	in substitute care in transition when applying for admission to
144	144	postsecondary study and when seeking sources of funding for
145	145	postsecondary study;
146	146	(9) requiring school districts, campuses, and
147	147	open-enrollment charter schools to accept a referral for special
148	148	education services made for a student who is homeless or in
149	149	substitute care by a school previously attended by the student, and
150	150	to provide comparable services to the student during the referral
151	151	process or until the new school develops an individualized
152	152	education program for the student;
153	153	(10) requiring school districts, campuses, and
154	154	open-enrollment charter schools to provide notice to the child's
155	155	educational decision-maker and caseworker regarding events that
156	156	may significantly impact the education of a child, including:
157	157	(A) requests or referrals for an evaluation under
158	158	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
159	159	special education under Section 29.003;
160	160	(B) admission, review, and dismissal committee
161	161	meetings;
162	162	(C) manifestation determination reviews required
163	163	by Section 37.004(b);
164	164	(D) any disciplinary actions under Chapter 37 for
165	165	which parental notice is required;
166	166	(E) citations issued for Class C misdemeanor
167	167	offenses on school property or at school-sponsored activities;
168	168	(F) reports of restraint and seclusion required
169	169	by Section 37.0021; and
170	170	(G) [use of corporal punishment as provided by
171	171	Section 37.0011; and
172	172	[(H)] appointment of a surrogate parent for the
173	173	child under Section 29.0151;
174	174	(11) developing procedures for allowing a student who
175	175	is homeless or in substitute care who was previously enrolled in a
176	176	course required for graduation the opportunity, to the extent
177	177	practicable, to complete the course, at no cost to the student,
178	178	before the beginning of the next school year;
179	179	(12) ensuring that a student who is homeless or in
180	180	substitute care who is not likely to receive a high school diploma
181	181	before the fifth school year following the student's enrollment in
182	182	grade nine, as determined by the district, has the student's course
183	183	credit accrual and personal graduation plan reviewed;
184	184	(13) ensuring that a student in substitute care who is
185	185	in grade 11 or 12 be provided information regarding tuition and fee
186	186	exemptions under Section 54.366 for dual-credit or other courses
187	187	provided by a public institution of higher education for which a
188	188	high school student may earn joint high school and college credit;
189	189	(14) designating at least one agency employee to act
190	190	as a liaison officer regarding educational issues related to
191	191	students in the conservatorship of the Department of Family and
192	192	Protective Services; and
193	193	(15) providing other assistance as identified by the
194	194	agency.
195	195	SECTION 5. Section 37.0011, Education Code, is repealed.
196	196	SECTION 6. This Act applies beginning with the 2023-2024
197	197	school year.
198	198	SECTION 7. This Act takes effect immediately if it receives
199	199	a vote of two-thirds of all the members elected to each house, as
200	200	provided by Section 39, Article III, Texas Constitution. If this
201	201	Act does not receive the vote necessary for immediate effect, this
202	202	Act takes effect September 1, 2023.