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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of restraint, seclusion, and time-out in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. USE OF RESTRAINT, SECLUSION, AND TIME-OUT |
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Sec. 37.351. DEFINITIONS. In this subchapter: |
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(1) "Mechanical restraint" means a device used for the |
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restraint of a student. |
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(2) "Restraint" means the use of physical force or a |
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mechanical restraint to significantly restrict the free movement of |
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all or a portion of a student's body. |
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(3) "Seclusion" means a behavior management technique |
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in which a student is separated from other students and confined in |
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a box, closet, room, or other area from which the student may not |
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exit. |
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(4) "Time-out" means a behavior management technique |
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in which, to provide a student with an opportunity to regain |
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self-control, the student is separated from other students for a |
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limited period in the same classroom in a location where the student |
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can continue to hear and observe instruction. |
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Sec. 37.352. APPLICABILITY. (a) Except as provided by |
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Subsection (b), this subchapter applies to a person who provides |
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any service at a public school, regardless of whether the person |
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provides the service as an employee of the school, as a school |
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volunteer, or under a contract or other agreement with the school. |
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(b) This subchapter and any rules or procedures adopted |
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under this subchapter do not apply to: |
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(1) a peace officer, other than a school district |
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peace officer or school resource officer, performing law |
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enforcement duties; |
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(2) juvenile probation, detention, or corrections |
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personnel; or |
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(3) an educational services provider with whom a |
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student is placed by a judicial authority, unless the services are |
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provided in an educational program of a school district. |
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Sec. 37.353. USE OF RESTRAINT, SECLUSION, OR TIME-OUT. (a) |
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A person may not use restraint or time-out: |
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(1) to discipline, punish, coerce, or retaliate |
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against a student; |
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(2) for the purpose of convenience, including to ease |
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the performance of a person's duties; or |
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(3) to manage a physical, intellectual, or |
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developmental disability as a replacement for effective treatment |
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for the disability. |
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(b) Except as provided by Subsection (f), a person may not |
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seclude a student, including a student with a disability who |
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receives special education services under Subchapter A, Chapter 29, |
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or who is covered by Section 504, Rehabilitation Act of 1973 (29 |
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U.S.C. Section 794). |
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(c) A person may not use on a student: |
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(1) a mechanical restraint; or |
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(2) a restraint that: |
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(A) obstructs a student's airway, including a |
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procedure that places anything in, on, or over the student's mouth |
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or nose; |
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(B) impairs the student's breathing by putting |
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pressure on the torso; |
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(C) restricts the student's circulation; |
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(D) secures a student to a stationary object; |
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(E) restricts a student's movement by causing |
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pain, including restraint using a pressure point or joint lock; |
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(F) interferes with the student's ability to |
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communicate, including by restraining the hands of a person who |
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uses American Sign Language; |
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(G) transmits an electrical charge; |
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(H) uses a chemical agent; or |
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(I) causes the student to become prone or supine. |
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(d) A student who is restrained may not be placed in |
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time-out. |
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(e) Except as provided by Subsection (f), a person may only |
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restrain a student if: |
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(1) the restraint is immediately necessary to prevent |
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the student from causing serious bodily harm to any person; |
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(2) the person has not been able to reduce the |
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potential for imminent harm through preventative de-escalatory or |
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redirection techniques; |
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(3) the force used to restrain the student is limited |
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to the amount of force immediately necessary to prevent the harm; |
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(4) the restraint lasts no longer than the shorter of: |
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(A) the duration of the threat of harm to any |
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person; or |
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(B) 15 minutes; and |
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(5) the health and safety of the student and others are |
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protected. |
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(f) For purposes of this subsection, "weapon" includes any |
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weapon described under Section 37.007(a)(1). A student in the |
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possession of a weapon may be restrained or secluded in an emergency |
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situation while awaiting the arrival of law enforcement personnel |
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if the restraint or seclusion is necessary to prevent the student |
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from causing serious bodily harm to any person. |
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(g) If a student is released from restraint, as required |
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under Subsection (e)(4), but still poses an immediate threat, the |
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student may be restrained again in accordance with Subsection (e). |
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(h) If a student experiences a medical emergency while |
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restrained or in time-out, the person responsible for the restraint |
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or time-out shall release the student and administer appropriate |
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medical care or contact emergency personnel. |
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(i) A student in a restraint or time-out shall be |
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immediately released and evacuated in the case of a mandatory |
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emergency drill or other event requiring the evacuation of |
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students. |
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Sec. 37.354. CONTACT NOT CONSIDERED RESTRAINT. (a) Unless |
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the student verbally or physically resists, the following contact |
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is not considered restraint for purposes of this subchapter: |
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(1) a device prescribed or provided by a medical |
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professional that may be included in the student's individualized |
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education program under Section 29.005 or physical contact that: |
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(A) assists a student's normal body position or |
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body movements; or |
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(B) prevents the student from engaging in |
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repetitive behavior harmful to the student; |
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(2) limited physical contact to: |
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(A) promote safety; |
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(B) prevent harm; |
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(C) teach an academic or athletic skill; |
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(D) redirect attention; |
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(E) provide directions; or |
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(F) provide comfort; |
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(3) time-out; or |
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(4) a seat belt or other safety equipment used to |
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secure a student during transportation. |
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(b) It is considered a restraint under this subchapter to |
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coerce or force a student into time-out or prevent the student from |
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leaving time-out. |
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Sec. 37.355. TRAINING. (a) The commissioner shall adopt |
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rules requiring each person who has direct contact with students to |
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complete competency-based training approved by the agency on the |
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proper use of restraint and time-out before being permitted to |
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restrain a student or place a student in time-out. |
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(b) The agency shall only approve a training program under |
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Subsection (a) that: |
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(1) is evidence-based, as defined by Section 8101, |
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Every Student Succeeds Act (20 U.S.C. Section 7801); |
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(2) promotes the prevention and minimization of the |
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use of restraint; and |
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(3) includes instruction on: |
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(A) positive strategies for behavioral |
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management, other than the use of restraint or seclusion, including |
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through trauma-informed practices; |
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(B) communication and collaboration techniques; |
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(C) identifying the potential causes of |
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aggressive or threatening behaviors, including recognizing |
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physical, intellectual, and developmental disabilities and a need |
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for physical, mental, or emotional health care; |
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(D) early recognition and mitigation of |
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situations that may lead to an imminent threat of serious bodily |
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harm, including through the use of a range of techniques for early |
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intervention, de-escalation, mediation, and problem-solving; |
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(E) common medications used by school-aged |
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children and their potential effects; |
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(F) the effects on a student's behavior and |
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responses to restraint or time-out of the student's: |
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(i) age; |
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(ii) weight; |
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(iii) intellectual and developmental |
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ability; |
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(iv) gender; |
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(v) cultural background; |
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(vi) race and ethnicity; |
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(vii) experience with trauma; and |
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(viii) history of physical contact or abuse |
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and the use of restraint, seclusion, or time-out; |
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(G) the psychological consequences of restraint |
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and time-out and the effect the consequences can have on behavior; |
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(H) identifying the symptoms of a medical |
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emergency during the use of restraint and appropriate responses; |
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and |
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(I) permitted and prohibited forms of restraint |
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and strategies for minimizing physical contact when restraining a |
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student. |
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(c) The agency shall review approved training programs |
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annually to ensure each training program is in compliance with this |
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subchapter. |
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(d) Rules adopted under this section must require a person |
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to complete initial and continuing training programs as determined |
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by the agency. |
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Sec. 37.356. POLICY ON USE OF RESTRAINT OR TIME-OUT. (a) |
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The board of trustees of a school district shall adopt a policy |
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regarding the appropriate use of restraint, seclusion, and |
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time-out. The policy may minimize the use of restraint or time-out |
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further than required under this subchapter. |
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(b) The board of trustees of a school district shall provide |
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written notice to each student's parent or person standing in |
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parental relation to the student of the district's policy regarding |
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the use of restraint and time-out. |
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Sec. 37.357. NOTICE OF USE OF RESTRAINT OR TIME-OUT. (a) |
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As soon as practicable but not later than the end of the same day an |
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incident involving the use of restraint or time-out occurs, the |
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principal or another appropriate administrator shall notify |
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verbally and in writing the parent or the person standing in |
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parental relation to the student who was restrained or placed in |
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time-out of the incident. |
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(b) The notice must include: |
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(1) the student's name; |
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(2) the name, position, and qualifications of the |
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person who restrained the student or placed the student in |
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time-out, including the training program under Section 37.355 |
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completed by the person and the date of completion; |
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(3) the date and time of the restraint or time-out and |
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its duration; |
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(4) the location of the restraint or time-out, |
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including address and room number, as applicable; |
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(5) the specific type of restraint or time-out used; |
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(6) the student's description of the reasons for the |
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restraint or time-out; |
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(7) if a restraint was used, a description of the |
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emergency situation, including the specific imminent threat of |
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serious bodily harm posed by the student; |
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(8) the strategies and de-escalation efforts used to |
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avoid restraint or time-out and the student's response to those |
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strategies and efforts; and |
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(9) information on the procedure for the parent or |
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person to arrange a meeting with the principal, administrator, or |
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other district employee regarding the use of restraint or time-out. |
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(c) The principal or administrator shall electronically |
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submit a report to the agency describing each instance of the use of |
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restraint or time-out. The report shall include: |
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(1) the notice provided under this section; |
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(2) the name of the parent or person who was notified; |
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(3) the method of notification; |
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(4) the date and time of the notification; |
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(5) if the parent of or person standing in parental |
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relation to the student attended a meeting regarding the incident; |
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and |
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(6) the date, time, and content of any meeting held. |
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(d) The principal or administrator shall keep a copy of the |
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report sent to the agency as part of the student's permanent record. |
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Sec. 37.358. REPORT. The agency shall collect and analyze |
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the information submitted by school districts under Section 37.357 |
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and, not later than December 1 of each even-numbered year, submit a |
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report to the members of the legislature summarizing the use of |
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restraint and time-out in public schools in the state. |
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Sec. 37.359. RETALIATION PROHIBITED. A school district may |
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not retaliate against a student, employee, or other person who in |
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good faith makes a complaint to the agency or another organization |
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regarding the use of restraint, seclusion, or time-out in a school. |
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Sec. 37.360. RULES. The commissioner shall adopt rules to |
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implement this subchapter. |
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SECTION 2. Section 12.104(b), Education Code, as amended by |
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Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts |
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of the 85th Legislature, Regular Session, 2017, is reenacted and |
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amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Subchapter J, Chapter 37 [Section
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37.0021]; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; [and] |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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[and] |
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(R) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; and |
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(S) [(P)] a parent's right to information |
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regarding the provision of assistance for learning difficulties to |
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the parent's child as provided by Sections 26.004(b)(11) and |
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26.0081(c) and (d). |
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SECTION 3. Section 22.0512(a), Education Code, is amended |
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to read as follows: |
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(a) A professional employee of a school district may not be |
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subject to disciplinary proceedings for the employee's use of |
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physical force against a student to the extent justified under |
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Subchapter J, Chapter 37 [Section 9.62, Penal Code]. |
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SECTION 4. Section 25.007(b), Education Code, is amended to |
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read as follows: |
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(b) In recognition of the challenges faced by students who |
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are homeless or in substitute care, the agency shall assist the |
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transition of students who are homeless or in substitute care from |
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one school to another by: |
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(1) ensuring that school records for a student who is |
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homeless or in substitute care are transferred to the student's new |
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school not later than the 10th working day after the date the |
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student begins enrollment at the school; |
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(2) developing systems to ease transition of a student |
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who is homeless or in substitute care during the first two weeks of |
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enrollment at a new school; |
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(3) developing procedures for awarding credit, |
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including partial credit if appropriate, for course work, including |
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electives, completed by a student who is homeless or in substitute |
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care while enrolled at another school; |
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(4) developing procedures to ensure that a new school |
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relies on decisions made by the previous school regarding placement |
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in courses or educational programs of a student who is homeless or |
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in substitute care and places the student in comparable courses or |
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educational programs at the new school, if those courses or |
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programs are available; |
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(5) promoting practices that facilitate access by a |
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student who is homeless or in substitute care to extracurricular |
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programs, summer programs, credit transfer services, electronic |
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courses provided under Chapter 30A, and after-school tutoring |
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programs at nominal or no cost; |
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(6) establishing procedures to lessen the adverse |
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impact of the movement of a student who is homeless or in substitute |
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care to a new school; |
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(7) entering into a memorandum of understanding with |
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the Department of Family and Protective Services regarding the |
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exchange of information as appropriate to facilitate the transition |
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of students in substitute care from one school to another; |
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(8) encouraging school districts and open-enrollment |
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charter schools to provide services for a student who is homeless or |
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in substitute care in transition when applying for admission to |
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postsecondary study and when seeking sources of funding for |
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postsecondary study; |
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(9) requiring school districts, campuses, and |
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open-enrollment charter schools to accept a referral for special |
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education services made for a student who is homeless or in |
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substitute care by a school previously attended by the student, and |
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to provide comparable services to the student during the referral |
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process or until the new school develops an individualized |
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education program for the student; |
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(10) requiring school districts, campuses, and |
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open-enrollment charter schools to provide notice to the child's |
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educational decision-maker and caseworker regarding events that |
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may significantly impact the education of a child, including: |
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(A) requests or referrals for an evaluation under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
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special education under Section 29.003; |
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(B) admission, review, and dismissal committee |
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meetings; |
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(C) manifestation determination reviews required |
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by Section 37.004(b); |
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(D) any disciplinary actions under Chapter 37 for |
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which parental notice is required; |
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(E) citations issued for Class C misdemeanor |
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offenses on school property or at school-sponsored activities; and |
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(F) reports of restraint and time-out [and
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seclusion] required by Subchapter J, Chapter 37 [Section 37.0021;
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and
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[(G) use of corporal punishment as provided by
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Section 37.0011]; |
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(11) developing procedures for allowing a student who |
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is homeless or in substitute care who was previously enrolled in a |
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course required for graduation the opportunity, to the extent |
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practicable, to complete the course, at no cost to the student, |
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before the beginning of the next school year; |
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(12) ensuring that a student who is homeless or in |
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substitute care who is not likely to receive a high school diploma |
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before the fifth school year following the student's enrollment in |
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grade nine, as determined by the district, has the student's course |
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credit accrual and personal graduation plan reviewed; |
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(13) ensuring that a student in substitute care who is |
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in grade 11 or 12 be provided information regarding tuition and fee |
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exemptions under Section 54.366 for dual-credit or other courses |
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provided by a public institution of higher education for which a |
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high school student may earn joint high school and college credit; |
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(14) designating at least one agency employee to act |
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as a liaison officer regarding educational issues related to |
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students in the conservatorship of the Department of Family and |
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Protective Services; and |
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(15) providing other assistance as identified by the |
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agency. |
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SECTION 5. Section 29.022(u), Education Code, is amended to |
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read as follows: |
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(u) In this section: |
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(1) "Parent" includes a guardian or other person |
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standing in parental relation to a student. |
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(2) "School business day" means a day that campus or |
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school district administrative offices are open. |
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(3) "Self-contained classroom" does not include a |
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classroom that is a resource room instructional arrangement under |
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Section 42.151. |
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(4) "Staff member" means a teacher, related service |
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provider, paraprofessional, counselor, or educational aide |
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assigned to work in a self-contained classroom or other special |
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education setting. |
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(5) "Time-out" has the meaning assigned by Section |
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37.351 [37.0021]. |
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SECTION 6. Section 29.454(a), Education Code, is amended to |
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read as follows: |
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(a) The discipline of an alleged offender resident by a |
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school district is subject to Section [Sections 37.0021 and] 37.004 |
|
and Subchapter J, Chapter 37, and to federal law governing the |
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discipline of students with disabilities. |
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SECTION 7. The following provisions are repealed: |
|
(1) Section 37.0011, Education Code; |
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(2) Section 37.0021, Education Code; and |
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(3) Section 9.62, Penal Code. |
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SECTION 8. As soon as practicable after the effective date |
|
of this Act, the board of trustees of each school district and the |
|
governing body of each open-enrollment charter school shall adopt a |
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policy as required by Section 37.356, Education Code, as added by |
|
this Act. |
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SECTION 9. As soon as practicable after the effective date |
|
of this Act, but not later than September 1, 2020, the commissioner |
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of education shall adopt rules as necessary to implement Section |
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37.355, Education Code, as added by this Act. |
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SECTION 10. Notwithstanding Section 37.355, Education |
|
Code, as added by this Act, a person authorized to use restraint or |
|
time-out on a student must complete the training required by |
|
Section 37.355, Education Code, as added by this Act, not later than |
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September 1, 2021. |
|
SECTION 11. To the extent of any conflict, this Act prevails |
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 12. This Act applies beginning with the 2019-2020 |
|
school year. |
|
SECTION 13. 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, 2019. |