By Hochberg                                            H.B. No. 692
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting the seclusion of students.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Subchapter D, Chapter 12, Section 12.104,
 1-5     Education Code, is amended by amending Subsection (b) to read as
 1-6     follows:
 1-7           (b)  An open-enrollment charter school is subject to:
 1-8                 (1)  a provision of this title establishing a criminal
 1-9     offense; and
1-10                 (2)  a prohibition, restriction, or requirement, as
1-11     applicable, imposed by this title or a rule adopted under this
1-12     title, relating to:
1-13                       (A)  the Public Education Information Management
1-14     System (PEIMS) to the extent necessary to monitor compliance with
1-15     this subchapter as determined by the commissioner;
1-16                       (B)  criminal history records under Subchapter C,
1-17     Chapter 22;
1-18                       (C)  reading instruments and accelerated reading
1-19     instruction programs under Section 28.006;
1-20                       (D)  satisfactory performance on assessment
1-21     instruments and to accelerated instruction under Section 28.0211;
1-22                       (E)  high school graduation under Section 28.025;
 2-1                       (F)  special education programs under Subchapter
 2-2     A, Chapter 29;
 2-3                       (G)  bilingual education under Subchapter B,
 2-4     Chapter 29;
 2-5                       (H)  prekindergarten programs under Subchapter E,
 2-6     Chapter 29;
 2-7                       (I)  extracurricular activities under Section
 2-8     33.081;
 2-9                       (J)  prohibition of seclusion of students under
2-10     Section 37.0021;
2-11                       (K)  health and safety under Chapter 38; and
2-12                       (L) [(K)]  public school accountability under
2-13     Subchapters B, C, D, and G, Chapter 39.
2-14           SECTION 2.  Subchapter F, Chapter 37, Education Code, is
2-15     amended to add Section 37.0021 to read as follows:
2-16           Sec. 37.0021.  USE OF SECLUSION PROHIBITED. The placement of
2-17     a student, for any period of time, in a room or other confined area
2-18     where the student is alone and is prohibited from leaving shall not
2-19     be permitted.
2-20           SECTION 3.  EFFECTIVE DATE. This Act takes effect immediately
2-21     if it receives a vote of two-thirds of all the members elected to
2-22     each house, as provided by Section 39, Article III, Texas
2-23     Constitution.  If this Act does not receive the vote necessary for
2-24     immediate effect, this Act takes effect September 1, 2001.