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A BILL TO BE ENTITLED
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AN ACT
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relating to corporal punishment in public 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 Z to read as follows: |
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SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
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RELATING TO DISCIPLINE |
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Sec. 37.901. CORPORAL PUNISHMENT. (a) In this section, |
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"corporal punishment" includes hitting, spanking, paddling, or |
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deliberately inflicting physical pain by any means on the whole or |
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any part of a student's body as a penalty or punishment for the |
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student's behavior on or off campus. |
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(b) A school district employee or a volunteer or independent |
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contractor of a district may not administer corporal punishment or |
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cause corporal punishment to be administered to a student. This |
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subsection does not apply to corporal punishment administered off |
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campus by a parent to the parent's child. |
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(c) A school district employee or a volunteer or independent |
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contractor of a district may use reasonable and necessary |
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restraint, as defined by Section 37.0021. |
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(d) Section 9.62, Penal Code, and Section 22.0511(a) do not |
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apply to an action of a school district employee or a volunteer or |
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independent contractor of a district that violates Subsection (b). |
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SECTION 2. Section 25.007(b), Education Code, as amended by |
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Chapters 688 (H.B. 2619) and 1354 (S.B. 1404), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(b) In recognition of the challenges faced by students in |
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substitute care, the agency shall assist the transition of |
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substitute care students from one school to another by: |
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(1) ensuring that school records for a student in |
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substitute care are transferred to the student's new school not |
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later than the 10th working day after the date the student begins |
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enrollment at the school; |
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(2) developing systems to ease transition of a student |
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in substitute care during the first two weeks of enrollment at a new |
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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 in substitute care while enrolled |
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at another school; |
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(4) promoting practices that facilitate access by a |
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student in substitute care to extracurricular programs, summer |
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programs, credit transfer services, electronic courses provided |
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under Chapter 30A, and after-school tutoring programs at nominal or |
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no cost; |
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(5) establishing procedures to lessen the adverse |
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impact of the movement of a student in substitute care to a new |
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school; |
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(6) 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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(7) encouraging school districts and open-enrollment |
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charter schools to provide services for a student in substitute |
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care in transition when applying for admission to postsecondary |
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study and when seeking sources of funding for postsecondary study; |
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(8) 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 in substitute care by a school |
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previously attended by the student; |
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(9) requiring school districts to provide notice to |
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the child's educational decision-maker and caseworker regarding |
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events that may significantly impact the education of a child, |
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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 seclusion required |
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by Section 37.0021; [and
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[(G)
use of corporal punishment as provided by
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Section 37.0011; and] |
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(10) developing procedures for allowing a student in |
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substitute care who was previously enrolled in a course required |
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for graduation the opportunity, to the extent practicable, to |
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complete the course, at no cost to the student, before the beginning |
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of the next school year; |
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(11) ensuring that a student in substitute care who is |
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not likely to receive a high school diploma before the fifth school |
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year following the student's enrollment in grade nine, as |
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determined by the district, has the student's course credit accrual |
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and personal graduation plan reviewed; [and] |
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(12) 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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and |
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(13) [(10)] providing other assistance as identified |
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by the agency. |
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SECTION 3. Section 37.0011, Education Code, is repealed. |
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SECTION 4. 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, 2015. |