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.