77R10376 CAS-F
By Hochberg, Turner of Harris, Kitchen H.B. No. 692
Substitute the following for H.B. No. 692:
By Oliveira C.S.H.B. No. 692
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain practices in disciplining or
1-3 techniques in managing the behavior of public school students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 37, Education Code, is
1-6 amended by adding Section 37.0021 to read as follows:
1-7 Sec. 37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND
1-8 TIME-OUT. (a) It is the policy of this state to treat all students
1-9 with dignity and respect. A student with a disability may not be
1-10 confined in a locked box, closet, or other specially designed space
1-11 as either a discipline management practice or a behavior management
1-12 technique.
1-13 (b) In this section:
1-14 (1) "Restraint" means the use of physical force or a
1-15 mechanical device to restrict the free movement of all or a portion
1-16 of a student's body.
1-17 (2) "Seclusion" means a behavior management technique
1-18 in which a student is confined in a locked box, closet, or room
1-19 that:
1-20 (A) is designed solely to seclude a person; and
1-21 (B) contains less than 50 square feet of space.
1-22 (3) "Time-out" means a behavior management technique
1-23 in which, to provide a student with an opportunity to regain
1-24 self-control, the student is separated from other students for a
2-1 limited period in a setting:
2-2 (A) that is not locked; and
2-3 (B) from which the student is not physically
2-4 prevented from leaving.
2-5 (c) A school district employee or volunteer or an
2-6 independent contractor of a district may not place a student in
2-7 seclusion. This subsection does not apply to the use of seclusion
2-8 in a facility to which the following law, rules, or regulations
2-9 apply:
2-10 (1) the Children's Health Act of 2000, Pub. L. No.
2-11 106-310, any subsequent amendments to that Act, any regulations
2-12 adopted under that Act, or any subsequent amendments to those
2-13 regulations;
2-14 (2) 40 T.A.C. Sections 720.1001-720.1013; or
2-15 (3) 25 T.A.C. Section 412.308(e).
2-16 (d) The commissioner by rule shall adopt procedures for the
2-17 use of restraint and time-out by a school district employee or
2-18 volunteer or an independent contractor of a district in the case of
2-19 a student receiving special education services under Subchapter A,
2-20 Chapter 29. A procedure adopted under this subsection must:
2-21 (1) be consistent with:
2-22 (A) professionally accepted practices and
2-23 standards of student discipline and techniques for behavior
2-24 management; and
2-25 (B) relevant health and safety standards; and
2-26 (2) identify any discipline management practice or
2-27 behavior management technique that requires a district employee or
3-1 volunteer or an independent contractor of a district to be trained
3-2 before using that practice or technique.
3-3 (e) In the case of a conflict between a rule adopted under
3-4 Subsection (d) and a rule adopted under Subchapter A, Chapter 29,
3-5 the rule adopted under Subsection (d) controls.
3-6 (f) For purposes of this subsection, "weapon" includes any
3-7 weapon described under Section 37.007(a)(1). This section does not
3-8 prevent a student's locked, unattended confinement in an emergency
3-9 situation while awaiting the arrival of law enforcement personnel
3-10 if:
3-11 (1) the student possesses a weapon; and
3-12 (2) the confinement is necessary to prevent the
3-13 student from causing bodily harm to the student or another person.
3-14 SECTION 2. Section 12.104(b), Education Code, is amended to
3-15 read as follows:
3-16 (b) An open-enrollment charter school is subject to:
3-17 (1) a provision of this title establishing a criminal
3-18 offense; and
3-19 (2) a prohibition, restriction, or requirement, as
3-20 applicable, imposed by this title or a rule adopted under this
3-21 title, relating to:
3-22 (A) the Public Education Information Management
3-23 System (PEIMS) to the extent necessary to monitor compliance with
3-24 this subchapter as determined by the commissioner;
3-25 (B) criminal history records under Subchapter C,
3-26 Chapter 22;
3-27 (C) reading instruments and accelerated reading
4-1 instruction programs under Section 28.006;
4-2 (D) satisfactory performance on assessment
4-3 instruments and to accelerated instruction under Section 28.0211;
4-4 (E) high school graduation under Section 28.025;
4-5 (F) special education programs under Subchapter
4-6 A, Chapter 29;
4-7 (G) bilingual education under Subchapter B,
4-8 Chapter 29;
4-9 (H) prekindergarten programs under Subchapter E,
4-10 Chapter 29;
4-11 (I) extracurricular activities under Section
4-12 33.081;
4-13 (J) discipline management practices or behavior
4-14 management techniques under Section 37.0021;
4-15 (K) health and safety under Chapter 38; and
4-16 (L) [(K)] public school accountability under
4-17 Subchapters B, C, D, and G, Chapter 39.
4-18 SECTION 3. Not later than August 1, 2002, the commissioner of
4-19 education shall adopt rules required under Section 37.0021(d),
4-20 Education Code, as added by this Act.
4-21 SECTION 4. This Act takes effect September 1, 2001.