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AN ACT
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relating to discipline in public schools, including the use of |
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certain disciplinary methods and the prosecution of certain |
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children for school-related offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0011 to read as follows: |
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Sec. 37.0011. USE OF CORPORAL PUNISHMENT. (a) In this |
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section, "corporal punishment" means the deliberate infliction of |
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physical pain by hitting, paddling, spanking, slapping, or any |
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other physical force used as a means of discipline. The term does |
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not include: |
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(1) physical pain caused by reasonable physical |
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activities associated with athletic training, competition, or |
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physical education; or |
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(2) the use of restraint as authorized under Section |
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37.0021. |
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(b) If the board of trustees of an independent school |
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district adopts a policy under Section 37.001(a)(8) under which |
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corporal punishment is permitted as a method of student discipline, |
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a district educator may use corporal punishment to discipline a |
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student unless the student's parent or guardian or other person |
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having lawful control over the student has previously provided a |
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written, signed statement prohibiting the use of corporal |
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punishment as a method of student discipline. |
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(c) To prohibit the use of corporal punishment as a method |
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of student discipline, each school year a student's parent or |
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guardian or other person having lawful control over the student |
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must provide a separate written, signed statement to the board of |
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trustees of the school district in the manner established by the |
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board. |
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(d) The student's parent or guardian or other person having |
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lawful control over the student may revoke the statement provided |
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to the board of trustees under Subsection (c) at any time during the |
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school year by submitting a written, signed revocation to the board |
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in the manner established by the board. |
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SECTION 2. Section 37.0021(b), Education Code, is amended |
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by adding Subdivision (4) to read as follows: |
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(4) "Law enforcement duties" means activities of a |
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peace officer relating to the investigation and enforcement of |
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state criminal laws and other duties authorized by the Code of |
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Criminal Procedure. |
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SECTION 3. Section 37.0021, Education Code, is amended by |
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amending Subsection (g) and adding Subsections (h) and (i) to read |
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as follows: |
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(g) This section and any rules or procedures adopted under |
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this section do not apply to: |
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(1) a peace officer [while] performing law enforcement |
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duties, except as provided by Subsection (i); |
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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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(h) This section and any rules or procedures adopted under |
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this section apply to a peace officer only if the peace officer: |
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(1) is employed or commissioned by a school district; |
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or |
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(2) provides, as a school resource officer, a regular |
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police presence on a school district campus under a memorandum of |
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understanding between the district and a local law enforcement |
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agency. |
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(i) A school district shall report electronically to the |
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agency, in accordance with standards provided by commissioner rule, |
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information relating to the use of restraint by a peace officer |
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performing law enforcement duties on school property or during a |
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school-sponsored or school-related activity. A report submitted |
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under this subsection must be consistent with the requirements |
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adopted by commissioner rule for reporting the use of restraint |
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involving students with disabilities. |
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SECTION 4. Section 37.124, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) It is an exception to the application of Subsection (a) |
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that, at the time the person engaged in conduct prohibited under |
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that subsection, the person was a student in the sixth grade or a |
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lower grade level. |
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SECTION 5. Section 37.126, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Section 37.125, a person commits |
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an offense if the person intentionally disrupts, prevents, or |
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interferes with the lawful transportation of children: |
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(1) to or from school on a vehicle owned or operated by |
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a county or independent school district; or |
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(2) to or from [or] an activity sponsored by a school |
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on a vehicle owned or operated by a county or independent school |
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district. |
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(c) It is an exception to the application of Subsection |
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(a)(1) that, at the time the person engaged in conduct prohibited |
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under that subdivision, the person was a student in the sixth grade |
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or a lower grade level. |
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SECTION 6. Section 42.01, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply |
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to a person who, at the time the person engaged in conduct |
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prohibited under the applicable subdivision, was a student in the |
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sixth grade or a lower grade level, and the prohibited conduct |
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occurred at a public school campus during regular school hours. |
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SECTION 7. The commissioner of education shall adopt rules |
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as provided by Section 37.0021(i), Education Code, as added by this |
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Act, as soon as practicable after the effective date of this Act. |
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SECTION 8. The change in law made by Sections 37.124, |
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Education Code, 37.126, Education Code, and 42.01, Penal Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 9. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 359 was passed by the House on May 13, |
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2011, by the following vote: Yeas 84, Nays 55, 4 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 359 on May 25, 2011, by the following vote: Yeas 80, Nays 64, 3 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 359 was passed by the Senate, with |
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amendments, on May 23, 2011, by the following vote: Yeas 29, Nays |
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2 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |