By Truan S.B. No. 1196
77R8866 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain practices in disciplining public
1-3 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 RESTRAINT, SECLUSION, AND TIME-OUT. (a)
1-8 In this section:
1-9 (1) "Restraint" means the use of physical force or a
1-10 mechanical device to restrict the free movement of all or a portion
1-11 of a student's body.
1-12 (2) "Seclusion" means the confinement of a student in
1-13 an area, including a locked room, locked box, or other locked space
1-14 or structure, from which the student is prevented from leaving.
1-15 (3) "Time-out" means a behavioral management technique
1-16 in which, to provide a student with an opportunity to regain
1-17 self-control, the student is separated from other students for a
1-18 limited period in a setting:
1-19 (A) that is not locked; and
1-20 (B) from which the student is not physically
1-21 prevented from leaving.
1-22 (b) A school district employee or volunteer or an
1-23 independent contractor of a district may not place a student in
1-24 seclusion. This subsection does not apply to the use of seclusion
2-1 in a facility to which the following rules or regulations apply:
2-2 (1) 42 C.F.R. Parts 441 and 483, as amended;
2-3 (2) 40 T.A.C. Sections 720.1001-720.1013; or
2-4 (3) 25 T.A.C. Section 412.308(e).
2-5 (c) The commissioner by rule shall adopt procedures for the
2-6 use of restraint and time-out by a school district employee or
2-7 volunteer or an independent contractor of a district.
2-8 Notwithstanding a procedure adopted under this subsection, a school
2-9 district employee or volunteer or an independent contractor of a
2-10 district may use a restraint or time-out in the case of a student
2-11 receiving special education services under Subchapter A, Chapter
2-12 29, only if and to the extent authorized by the student's
2-13 individualized education program. A procedure adopted under this
2-14 subsection must:
2-15 (1) be consistent with:
2-16 (A) professionally accepted practices and
2-17 standards of student discipline; and
2-18 (B) health and safety standards relating to the
2-19 treatment of children; and
2-20 (2) identify any discipline management practice that
2-21 requires a district employee or volunteer or an independent
2-22 contractor of a district to be trained before using that practice.
2-23 (d) In the case of a conflict between a rule adopted under
2-24 Subsection (c) and a rule adopted under Subchapter A, Chapter 29,
2-25 the rule adopted under Subsection (c) controls.
2-26 SECTION 2. Section 12.104(b), Education Code, is amended to
2-27 read as follows:
3-1 (b) An open-enrollment charter school is subject to:
3-2 (1) a provision of this title establishing a criminal
3-3 offense; and
3-4 (2) a prohibition, restriction, or requirement, as
3-5 applicable, imposed by this title or a rule adopted under this
3-6 title, relating to:
3-7 (A) the Public Education Information Management
3-8 System (PEIMS) to the extent necessary to monitor compliance with
3-9 this subchapter as determined by the commissioner;
3-10 (B) criminal history records under Subchapter C,
3-11 Chapter 22;
3-12 (C) reading instruments and accelerated reading
3-13 instruction programs under Section 28.006;
3-14 (D) satisfactory performance on assessment
3-15 instruments and to accelerated instruction under Section 28.0211;
3-16 (E) high school graduation under Section 28.025;
3-17 (F) special education programs under Subchapter
3-18 A, Chapter 29;
3-19 (G) bilingual education under Subchapter B,
3-20 Chapter 29;
3-21 (H) prekindergarten programs under Subchapter E,
3-22 Chapter 29;
3-23 (I) extracurricular activities under Section
3-24 33.081;
3-25 (J) discipline management practices under
3-26 Section 37.0021;
3-27 (K) health and safety under Chapter 38; and
4-1 (L) [(K)] public school accountability under
4-2 Subchapters B, C, D, and G, Chapter 39.
4-3 SECTION 3. Not later than August 1, 2002, the commissioner of
4-4 education shall adopt rules required under Section 37.0021(c),
4-5 Education Code, as added by this Act.
4-6 SECTION 4. This Act takes effect September 1, 2001.