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.