82R221 EAH-F

By: Allen H.B. No. 359

A BILL TO BE ENTITLED

AN ACT

relating to the use of corporal punishment in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.0011 to read as follows:

Sec. 37.0011. USE OF CORPORAL PUNISHMENT. (a) In this

section, "corporal punishment" means the deliberate infliction of

physical pain by hitting, paddling, spanking, slapping, or any

other physical force used as a means of discipline. The term does

not include:

(1) physical pain caused by reasonable physical

activities associated with athletic training, competition, or

physical education; or

(2) the use of restraint as authorized under Section

37.0021.

(b) If the board of trustees of an independent school

district adopts a policy under Section 37.001(a)(8) under which

corporal punishment is permitted as a method of student discipline,

a district educator may use corporal punishment to discipline a

student only if:

(1) the student's parent or guardian or other person

having lawful control over the student has previously provided

written, signed consent to the use of corporal punishment as a

method of student discipline; and

(2) the student is of the same sex as the educator.

(c) To provide consent for the use of corporal punishment as

a method of student discipline, each school year a student's parent

or guardian or other person having lawful control over the student

must provide separate written, signed consent to the board of

trustees of the school district in the manner established by the

board.

(d) The student's parent or guardian or other person having

lawful control over the student may revoke the consent provided to

the board of trustees under Subsection (c) at any time during the

school year. The parent, guardian, or other person may revoke

consent by submitting a written, signed revocation to the board in

the manner established by the board.

(e) If the school district receives a written, signed

consent under Subsection (c) from one parent, guardian, or other

person having lawful control over the student and a written, signed

revocation from another parent, guardian, or other person having

lawful control over the student under Subsection (d), the written,

signed revocation controls.

(f) The school district shall maintain original consent and

revocation of consent documents received under this section in the

district's administrative office.

(g) A school district to which Subsection (b) applies shall

adopt procedures to implement and administer this section,

including procedures to:

(1) inform students' parents, guardians, and other

persons having lawful control over students of the right to revoke

consent to use corporal punishment as a method of student

discipline; and

(2) maintain the consent and revocation of consent

documents required by this section.

(h) The commissioner shall adopt rules to require the

superintendent of a school district that adopts a policy under

which corporal punishment is permitted as a method of student

discipline to provide the State Board for Educator Certification

prompt written notice if an educator employed by the district uses

corporal punishment in violation of this section.

(i) The commissioner shall adopt rules to require the

superintendent of a school district in which corporal punishment is

not permitted as a method of student discipline to provide the State

Board for Educator Certification prompt written notice if an

educator employed by the district uses corporal punishment as a

method of student discipline.

SECTION 2. This Act applies beginning with the 2011-2012

school year.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2011.