HB1415 - Relating to corporal punishment in public schools.

  89R4281 AND-D     By: Allen H.B. No. 1415       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 Subchapter A, Chapter 29  [ 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 [Text truncated for display. 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