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


Senate Research CenterC.S.S.B. 1196
77R8866 CAS-FBy: Truan
Education
3/29/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, a number of 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.
C.S.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 CONFINEMENT, RESTRAINT, SECLUSION, AND TIMEOUT. (a)
Provides that it is the policy of this state to treat all students with
dignity and respect. Prohibits the use of certain behavior management
techniques.  

  (b) Defines "restraint," "seclusion," and "time-out." 

(c) 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 law, rules or regulations apply.  

(d) 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 in the case of a student
receiving special education services under Chapter 29A. Requires a
procedure adopted under this subsection to meet certain conditions.  

(e) Provides that in the case of a conflict between a rule adopted under
Subsection (d) and a rule adopted under Chapter 29A, the rule adopted under
Subsection (d) controls.  

(f) Provides that for purposes of this subsection, "weapon" includes any
weapon described under Section 37.007(a)(1). Provides that this section
does not prevent a student's locked, unattended confinement in an emergency
situation while awaiting the arrival of law enforcement personnel if
certain conditions exists.  

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 1196, Chapter 37A, Education Code, as
follows: 

 _Adds new heading to Section 37.0021 (USE OF CONFINEMENT, RESTRAINT,
SECLUSION, AND TIME-OUT). 

 _Adds new proposed Subsection (a) regarding the policy of the state.

 _Redefines previously proposed "seclusion."

 _Adds "law" and includes the Children's Health Act of 2000 to proposed
language in Subsection (c).  

 _Deletes previously proposed language in Subsection (d) regarding the
authority of certain persons to use a restraint or time-out. Adds new
proposed language regarding techniques for behavior management. 

 _Makes conforming changes in proposed Subsection (e).

 _Adds new proposed Subsection (f) regarding "weapon" and emergency
situation. 

SECTION 2. Makes a conforming change.