SRC-MWN S.B. 1196 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1196
77R8866 CAS-FBy: Truan
Education
3/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, a number a schools use a practice referred to as "seclusion" or
"seclusionary time out" for children exhibiting inappropriate behavior.
This technique isolates a child in a space away from the rest of his or her
class, and is typically used in the special education classroom. There are
currently no federal or state rules regarding the use of seclusionary time
out, and no state guidelines mandate documentation of the practice. As
proposed, S.B. 1196 amends the Education Code to prohibit school districts
and open-enrollment charter schools from placing a student for any period
of time in a room or other confined area where the student is alone and is
prohibited from leaving.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 37.0021, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 37A, Education Code, by adding Section 37.0021,
as follows: 

Sec. 37.0021. USE OF RESTRAINT, SECLUSION, AND TIME-OUT. Defines
"restraint," "seclusion," and "time-out." Prohibits a school district
employee or volunteer or an independent contractor of a district from
placing a student in seclusion. Provides that this subsection does not
apply to the use of seclusion in a facility to which certain rules or
regulations apply. Requires the commissioner of education (commissioner) by
rule to adopt procedures for the use of restraint and time-out by a school
district employee or volunteer or an independent contractor of a district.
Authorizes a school district employee or volunteer or an independent
contractor of a district, notwithstanding a procedure adopted under this
subsection, to use a restraint or timeout in the case of a student
receiving special education services under Chapter 29A only if and to the
extent authorized by the student's individualized education program.
Requires a procedure adopted under this subsection to meet certain
conditions. Provides that in the case of a conflict between a rule adopted
under Subsection (c) and a rule adopted under Chapter 29A, the rule adopted
under Subsection (c) controls.  

SECTION 2. Amends Section 12.104(b), Education Code, to provide that an
open-enrollment charter school is subject to discipline management
practices under Section 37.0021. 

SECTION 3. Requires the commissioner to adopt rules as required by this Act
not later than  August 1, 2002. 

SECTION 4. Effective date: September 1, 2001.