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.
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