bill banning corporal punishment in public schools

The text as introduced · 1,604 words

89R4281 AND-D

By: Allen
H.B. No. 1415

A BILL TO BE ENTITLED

AN ACT

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) of this

code 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 37.0023, Education Code, is transferred

to Subchapter Z, Chapter 37, Education Code, as added by this Act,

redesignated as Section 37.902, Education Code, and amended to read

as follows:

Sec. 37.902 [ 37.0023 ]. PROHIBITED AVERSIVE TECHNIQUES. (a)

In this section, "aversive technique" means a technique or

intervention that is intended to reduce the likelihood of a

behavior reoccurring by intentionally inflicting on a student

significant physical or emotional discomfort or pain. The term

includes a technique or intervention that:

(1) is designed to or likely to cause physical pain[ ,

other than an intervention or technique permitted under Section

37.0011 ];

(2) [ notwithstanding Section 37.0011, ] is designed to

or likely to cause physical pain through the use of electric shock

or any procedure that involves the use of pressure points or joint

locks;

(3) involves the directed release of a noxious, toxic,

or otherwise unpleasant spray, mist, or substance near the

student's face;

(4) denies adequate sleep, air, food, water, shelter,

bedding, physical comfort, supervision, or access to a restroom

facility;

(5) ridicules or demeans the student in a manner that

adversely affects or endangers the learning or mental health of the

student or constitutes verbal abuse;

(6) employs a device, material, or object that

simultaneously immobilizes all four extremities, including any

procedure that results in such immobilization known as prone or

supine floor restraint;

(7) impairs the student's breathing, including any

procedure that involves:

(A) applying pressure to the student's torso or

neck; or

(B) obstructing the student's airway, including

placing an object in, on, or over the student's mouth or nose or

placing a bag, cover, or mask over the student's face;

(8) restricts the student's circulation;

(9) secures the student to a stationary object while

the student is in a sitting or standing position;

(10) inhibits, reduces, or hinders the student's

ability to communicate;

(11) involves the use of a chemical restraint;

(12) constitutes a use of timeout that precludes the

student from being able to be involved in and progress

appropriately in the required curriculum and, if applicable, toward

the annual goals included in the student's individualized education

program, including isolating the student by the use of physical

barriers; or

(13) except as provided by Subsection (c), deprives

the student of the use of one or more of the student's senses.

(b) A school district or school district employee or

volunteer or an independent contractor of a school district may not

apply an aversive technique, or by authorization, order, or

consent, cause an aversive technique to be applied, to a student.

(c) Notwithstanding Subsection (a)(13), an aversive

technique described by Subsection (a)(13) may be used if the

technique is executed in a manner that:

(1) does not cause the student discomfort or pain; or

(2) complies with the student's individualized

education program or behavior intervention plan.

(d) Nothing in this section may be construed to prohibit a

teacher from removing a student from class under Section 37.002.

(e) In adopting procedures under this section, the

commissioner shall provide guidance to school district employees,

volunteers, and independent contractors of school districts in

avoiding a violation of Subsection (b).

SECTION 3. Section 22.0512(c), Education Code, is amended

to read as follows:

(c) This section does not prohibit a school district from[ :

[ (1) enforcing a policy relating to corporal

punishment; or

[ (2) notwithstanding Subsection (a), ] bringing a

disciplinary proceeding against a professional employee of the

district who violates the prohibition on [ district policy relating

to ] corporal punishment under Section 37.901 .

SECTION 4. Section 25.007(b), Education Code, is amended to

read as follows:

(b) In recognition of the challenges faced by students who

are homeless or in substitute care, the agency shall assist the

transition of students who are homeless or in substitute care from

one school to another by:

(1) ensuring that school records for a student who is

homeless or 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

who is homeless or 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 who is homeless or in substitute

care while enrolled at another school;

(4) developing procedures to ensure that a new school

relies on decisions made by the previous school regarding placement

in courses or educational programs of a student who is homeless or

in substitute care and places the student in comparable courses or

educational programs at the new school, if those courses or

programs are available;

(5) promoting practices that facilitate access by a

student who is homeless or 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;

(6) establishing procedures to lessen the adverse

impact of the movement of a student who is homeless or in substitute

care to a new school;

(7) 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;

(8) encouraging school districts and open-enrollment

charter schools to provide services for a student who is homeless or

in substitute care in transition when applying for admission to

postsecondary study and when seeking sources of funding for

postsecondary study;

(9) requiring school districts, campuses, and

open-enrollment charter schools to accept a referral for special

education services made for a student who is homeless or in

substitute care by a school previously attended by the student, and

to provide comparable services to the student during the referral

process or until the new school develops an individualized

education program for the student;

(10) requiring school districts, campuses, and

open-enrollment charter schools 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 Subchapter A, Chapter 29 [ 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;

(F) reports of restraint and seclusion required

by Section 37.0021; and

(G) [ use of corporal punishment as provided by

Section 37.0011; and

[ (H) ] appointment of a surrogate parent for the

child under Section 29.0151;

(11) developing procedures for allowing a student who

is homeless or 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;

(12) ensuring that a student who is homeless or 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;

(13) 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;

(14) designating at least one agency employee to act

as a liaison officer regarding educational issues related to

students in the conservatorship of the Department of Family and

Protective Services; and

(15) providing other assistance as identified by the

agency.

SECTION 5. Section 37.0011, Education Code, is repealed.

SECTION 6. This Act applies beginning with the 2025-2026

school year.

SECTION 7. 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, 2025.