Bill Text: TX HB567 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to corporal punishment in public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-18 - Referred to Public Education [HB567 Detail]
Download: Texas-2015-HB567-Introduced.html
84R3368 PAM-D | ||
By: Allen | H.B. No. 567 |
|
||
|
||
relating to corporal punishment in public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 37, Education Code, is amended by adding | ||
Subchapter Z to read as follows: | ||
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS | ||
RELATING TO DISCIPLINE | ||
Sec. 37.901. CORPORAL PUNISHMENT. (a) In this section, | ||
"corporal punishment" includes hitting, spanking, paddling, or | ||
deliberately inflicting physical pain by any means on the whole or | ||
any part of a student's body as a penalty or punishment for the | ||
student's behavior on or off campus. | ||
(b) A school district employee or a volunteer or independent | ||
contractor of a district may not administer corporal punishment or | ||
cause corporal punishment to be administered to a student. This | ||
subsection does not apply to corporal punishment administered off | ||
campus by a parent to the parent's child. | ||
(c) A school district employee or a volunteer or independent | ||
contractor of a district may use reasonable and necessary | ||
restraint, as defined by Section 37.0021. | ||
(d) Section 9.62, Penal Code, and Section 22.0511(a) do not | ||
apply to an action of a school district employee or a volunteer or | ||
independent contractor of a district that violates Subsection (b). | ||
SECTION 2. Section 25.007(b), Education Code, as amended by | ||
Chapters 688 (H.B. 2619) and 1354 (S.B. 1404), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
(b) In recognition of the challenges faced by students in | ||
substitute care, the agency shall assist the transition of | ||
substitute care students from one school to another by: | ||
(1) ensuring that school records for a student in | ||
substitute care are transferred to the student's new school not | ||
later than the 10th working day after the date the student begins | ||
enrollment at the school; | ||
(2) developing systems to ease transition of a student | ||
in substitute care during the first two weeks of enrollment at a new | ||
school; | ||
(3) developing procedures for awarding credit, | ||
including partial credit if appropriate, for course work, including | ||
electives, completed by a student in substitute care while enrolled | ||
at another school; | ||
(4) promoting practices that facilitate access by a | ||
student in substitute care to extracurricular programs, summer | ||
programs, credit transfer services, electronic courses provided | ||
under Chapter 30A, and after-school tutoring programs at nominal or | ||
no cost; | ||
(5) establishing procedures to lessen the adverse | ||
impact of the movement of a student in substitute care to a new | ||
school; | ||
(6) entering into a memorandum of understanding with | ||
the Department of Family and Protective Services regarding the | ||
exchange of information as appropriate to facilitate the transition | ||
of students in substitute care from one school to another; | ||
(7) encouraging school districts and open-enrollment | ||
charter schools to provide services for a student in substitute | ||
care in transition when applying for admission to postsecondary | ||
study and when seeking sources of funding for postsecondary study; | ||
(8) requiring school districts, campuses, and | ||
open-enrollment charter schools to accept a referral for special | ||
education services made for a student in substitute care by a school | ||
previously attended by the student; | ||
(9) requiring school districts to provide notice to | ||
the child's educational decision-maker and caseworker regarding | ||
events that may significantly impact the education of a child, | ||
including: | ||
(A) requests or referrals for an evaluation under | ||
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or | ||
special education under Section 29.003; | ||
(B) admission, review, and dismissal committee | ||
meetings; | ||
(C) manifestation determination reviews required | ||
by Section 37.004(b); | ||
(D) any disciplinary actions under Chapter 37 for | ||
which parental notice is required; | ||
(E) citations issued for Class C misdemeanor | ||
offenses on school property or at school-sponsored activities; and | ||
(F) reports of restraint and seclusion required | ||
by Section 37.0021; [ |
||
[ |
||
|
||
(10) developing procedures for allowing a student in | ||
substitute care who was previously enrolled in a course required | ||
for graduation the opportunity, to the extent practicable, to | ||
complete the course, at no cost to the student, before the beginning | ||
of the next school year; | ||
(11) ensuring that a student in substitute care who is | ||
not likely to receive a high school diploma before the fifth school | ||
year following the student's enrollment in grade nine, as | ||
determined by the district, has the student's course credit accrual | ||
and personal graduation plan reviewed; [ |
||
(12) ensuring that a student in substitute care who is | ||
in grade 11 or 12 be provided information regarding tuition and fee | ||
exemptions under Section 54.366 for dual-credit or other courses | ||
provided by a public institution of higher education for which a | ||
high school student may earn joint high school and college credit; | ||
and | ||
(13) [ |
||
by the agency. | ||
SECTION 3. Section 37.0011, Education Code, is repealed. | ||
SECTION 4. 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, 2015. |