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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the physical restraint of certain public |
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school students by peace officers and school security personnel |
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under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0021, Education Code, is amended by |
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amending Subsection (d) and adding Subsection (j) to read as |
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follows: |
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(d) Subject to Subsection (j), the [The] commissioner by |
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rule shall adopt procedures for the use of restraint and time-out by |
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a school district employee or volunteer or an independent |
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contractor of a district in the case of a student with a disability |
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receiving special education services under Subchapter A, Chapter |
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29. A procedure adopted under this subsection must: |
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(1) be consistent with: |
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(A) professionally accepted practices and |
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standards of student discipline and techniques for behavior |
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management; and |
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(B) relevant health and safety standards; and |
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(2) identify any discipline management practice or |
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behavior management technique that requires a district employee or |
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volunteer or an independent contractor of a district to be trained |
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before using that practice or technique. |
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(j) A peace officer performing law enforcement duties or |
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school security personnel performing security-related duties on |
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school property or at a school-sponsored or school-related activity |
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may not restrain a student 10 years of age or younger unless the |
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student poses a serious risk of harm to the student or another |
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person. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |