1-1 By: Truan S.B. No. 1196
1-2 (In the Senate - Filed March 7, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Education; April 2, 2001,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 7, Nays 0; April 2, 2001, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1196 By: Truan
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the use of certain practices in disciplining or
1-10 techniques in managing the behavior of public school students.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter A, Chapter 37, Education Code, is
1-13 amended by adding Section 37.0021 to read as follows:
1-14 Sec. 37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND
1-15 TIME-OUT. (a) It is the policy of this state to treat all
1-16 students with dignity and respect. A student with a disability may
1-17 not be confined in a locked box, closet, or other specially
1-18 designed space as either a discipline management practice or a
1-19 behavior management technique.
1-20 (b) In this section:
1-21 (1) "Restraint" means the use of physical force or a
1-22 mechanical device to restrict the free movement of all or a portion
1-23 of a student's body.
1-24 (2) "Seclusion" means a behavior management technique
1-25 in which a student is confined in a lock box, closet, or room that:
1-26 (A) is designed solely to seclude a person; and
1-27 (B) contains less than 40 square feet of space.
1-28 (3) "Time-Out" means a behavior management technique
1-29 in which, to provide a student with an opportunity to regain
1-30 self-control, the student is separated from other students for a
1-31 limited period in a setting:
1-32 (A) that is not locked; and
1-33 (B) from which the student is not physically
1-34 prevented from leaving.
1-35 (c) A school district employee or volunteer or an
1-36 independent contractor of a district may not place a student in
1-37 seclusion. This subsection does not apply to the use of seclusion
1-38 in a facility to which the following law, rules, or regulations
1-39 apply:
1-40 (1) the Children's Health Act of 2000, Pub. L. No.
1-41 106-310, any subsequent amendments to that Act, any regulations
1-42 adopted under that Act, or any subsequent amendments to those
1-43 regulations;
1-44 (2) 40 T.A.C. Sections 720.1001-720.1013; or
1-45 (3) 25 T.A.C. Section 412.308(e).
1-46 (d) The commissioner by rule shall adopt procedures for the
1-47 use of restraint and time-out by a school district employee or
1-48 volunteer or an independent contractor of a district in the case of
1-49 a student receiving special education services under Subchapter A,
1-50 Chapter 29. A procedure adopted under this subsection must:
1-51 (1) be consistent with:
1-52 (A) professionally accepted practices and
1-53 standards of student discipline and techniques for behavior
1-54 management; and
1-55 (B) relevant health and safety standards; and
1-56 (2) identify any discipline management practice or
1-57 behavior management technique that requires a district employee or
1-58 volunteer or an independent contractor of a district to be trained
1-59 before using that practice or technique.
1-60 (e) In the case of a conflict between a rule adopted under
1-61 Subsection (d) and a rule adopted under Subchapter A, Chapter 29,
1-62 the rule adopted under Subsection (d) controls.
1-63 (f) For purposes of this subsection, "weapon" includes any
1-64 weapon described under Section 37.007(a)(1). This section does not
2-1 prevent a student's locked, unattended confinement in an emergency
2-2 situation while awaiting the arrival of law enforcement personnel
2-3 if:
2-4 (1) the student possesses a weapon; and
2-5 (2) the confinement is necessary to prevent the
2-6 student from causing bodily harm to the student or another person.
2-7 SECTION 2. Subsection (b), Section 12.104, Education Code,
2-8 is amended to read as follows:
2-9 (b) An open-enrollment charter school is subject to:
2-10 (1) a provision of this title establishing a criminal
2-11 offense; and
2-12 (2) a prohibition, restriction, or requirement, as
2-13 applicable, imposed by this title or a rule adopted under this
2-14 title, relating to:
2-15 (A) the Public Education Information Management
2-16 System (PEIMS) to the extent necessary to monitor compliance with
2-17 this subchapter as determined by the commissioner;
2-18 (B) criminal history records under Subchapter C,
2-19 Chapter 22;
2-20 (C) reading instruments and accelerated reading
2-21 instruction programs under Section 28.006;
2-22 (D) satisfactory performance on assessment
2-23 instruments and to accelerated instruction under Section 28.0211;
2-24 (E) high school graduation under Section 28.025;
2-25 (F) special education programs under Subchapter
2-26 A, Chapter 29;
2-27 (G) bilingual education under Subchapter B,
2-28 Chapter 29;
2-29 (H) prekindergarten programs under Subchapter E,
2-30 Chapter 29;
2-31 (I) extracurricular activities under Section
2-32 33.081;
2-33 (J) discipline management practices or behavior
2-34 management techniques under Section 37.0021;
2-35 (K) health and safety under Chapter 38; and
2-36 (L) [(K)] public school accountability under
2-37 Subchapters B, C, D, and G, Chapter 39.
2-38 SECTION 3. Not later than August 1, 2002, the commissioner
2-39 of education shall adopt rules required under Subsection (d),
2-40 Section 37.0021, Education Code, as added by this Act.
2-41 SECTION 4. This Act takes effect September 1, 2001.
2-42 * * * * *