Bill Text: TX SB1989 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the use of restraint, seclusion, and time-out in public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to Education [SB1989 Detail]
Download: Texas-2019-SB1989-Introduced.html
86R12684 TSS-F | ||
By: Zaffirini | S.B. No. 1989 |
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relating to the use of restraint, seclusion, and time-out 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 J to read as follows: | ||
SUBCHAPTER J. USE OF RESTRAINT, SECLUSION, AND TIME-OUT | ||
Sec. 37.351. DEFINITIONS. In this subchapter: | ||
(1) "Mechanical restraint" means a device used for the | ||
restraint of a student. | ||
(2) "Restraint" means the use of physical force or a | ||
mechanical restraint to significantly restrict the free movement of | ||
all or a portion of a student's body. | ||
(3) "Seclusion" means a behavior management technique | ||
in which a student is separated from other students and confined in | ||
a box, closet, room, or other area from which the student may not | ||
exit. | ||
(4) "Time-out" means a behavior management technique | ||
in which, to provide a student with an opportunity to regain | ||
self-control, the student is separated from other students for a | ||
limited period in the same classroom in a location where the student | ||
can continue to hear and observe instruction. | ||
Sec. 37.352. APPLICABILITY. (a) Except as provided by | ||
Subsection (b), this subchapter applies to a person who provides | ||
any service at a public school, regardless of whether the person | ||
provides the service as an employee of the school, as a school | ||
volunteer, or under a contract or other agreement with the school. | ||
(b) This subchapter and any rules or procedures adopted | ||
under this subchapter do not apply to: | ||
(1) a peace officer, other than a school district | ||
peace officer or school resource officer, performing law | ||
enforcement duties; | ||
(2) juvenile probation, detention, or corrections | ||
personnel; or | ||
(3) an educational services provider with whom a | ||
student is placed by a judicial authority, unless the services are | ||
provided in an educational program of a school district. | ||
Sec. 37.353. USE OF RESTRAINT, SECLUSION, OR TIME-OUT. (a) | ||
A person may not use restraint or time-out: | ||
(1) to discipline, punish, coerce, or retaliate | ||
against a student; | ||
(2) for the purpose of convenience, including to ease | ||
the performance of a person's duties; or | ||
(3) to manage a physical, intellectual, or | ||
developmental disability as a replacement for effective treatment | ||
for the disability. | ||
(b) Except as provided by Subsection (f), a person may not | ||
seclude a student, including a student with a disability who | ||
receives special education services under Subchapter A, Chapter 29, | ||
or who is covered by Section 504, Rehabilitation Act of 1973 (29 | ||
U.S.C. Section 794). | ||
(c) A person may not use on a student: | ||
(1) a mechanical restraint; or | ||
(2) a restraint that: | ||
(A) obstructs a student's airway, including a | ||
procedure that places anything in, on, or over the student's mouth | ||
or nose; | ||
(B) impairs the student's breathing by putting | ||
pressure on the torso; | ||
(C) restricts the student's circulation; | ||
(D) secures a student to a stationary object; | ||
(E) restricts a student's movement by causing | ||
pain, including restraint using a pressure point or joint lock; | ||
(F) interferes with the student's ability to | ||
communicate, including by restraining the hands of a person who | ||
uses American Sign Language; | ||
(G) transmits an electrical charge; | ||
(H) uses a chemical agent; or | ||
(I) causes the student to become prone or supine. | ||
(d) A student who is restrained may not be placed in | ||
time-out. | ||
(e) Except as provided by Subsection (f), a person may only | ||
restrain a student if: | ||
(1) the restraint is immediately necessary to prevent | ||
the student from causing serious bodily harm to any person; | ||
(2) the person has not been able to reduce the | ||
potential for imminent harm through preventative de-escalatory or | ||
redirection techniques; | ||
(3) the force used to restrain the student is limited | ||
to the amount of force immediately necessary to prevent the harm; | ||
(4) the restraint lasts no longer than the shorter of: | ||
(A) the duration of the threat of harm to any | ||
person; or | ||
(B) 15 minutes; and | ||
(5) the health and safety of the student and others are | ||
protected. | ||
(f) For purposes of this subsection, "weapon" includes any | ||
weapon described under Section 37.007(a)(1). A student in the | ||
possession of a weapon may be restrained or secluded in an emergency | ||
situation while awaiting the arrival of law enforcement personnel | ||
if the restraint or seclusion is necessary to prevent the student | ||
from causing serious bodily harm to any person. | ||
(g) If a student is released from restraint, as required | ||
under Subsection (e)(4), but still poses an immediate threat, the | ||
student may be restrained again in accordance with Subsection (e). | ||
(h) If a student experiences a medical emergency while | ||
restrained or in time-out, the person responsible for the restraint | ||
or time-out shall release the student and administer appropriate | ||
medical care or contact emergency personnel. | ||
(i) A student in a restraint or time-out shall be | ||
immediately released and evacuated in the case of a mandatory | ||
emergency drill or other event requiring the evacuation of | ||
students. | ||
Sec. 37.354. CONTACT NOT CONSIDERED RESTRAINT. (a) Unless | ||
the student verbally or physically resists, the following contact | ||
is not considered restraint for purposes of this subchapter: | ||
(1) a device prescribed or provided by a medical | ||
professional that may be included in the student's individualized | ||
education program under Section 29.005 or physical contact that: | ||
(A) assists a student's normal body position or | ||
body movements; or | ||
(B) prevents the student from engaging in | ||
repetitive behavior harmful to the student; | ||
(2) limited physical contact to: | ||
(A) promote safety; | ||
(B) prevent harm; | ||
(C) teach an academic or athletic skill; | ||
(D) redirect attention; | ||
(E) provide directions; or | ||
(F) provide comfort; | ||
(3) time-out; or | ||
(4) a seat belt or other safety equipment used to | ||
secure a student during transportation. | ||
(b) It is considered a restraint under this subchapter to | ||
coerce or force a student into time-out or prevent the student from | ||
leaving time-out. | ||
Sec. 37.355. TRAINING. (a) The commissioner shall adopt | ||
rules requiring each person who has direct contact with students to | ||
complete competency-based training approved by the agency on the | ||
proper use of restraint and time-out before being permitted to | ||
restrain a student or place a student in time-out. | ||
(b) The agency shall only approve a training program under | ||
Subsection (a) that: | ||
(1) is evidence-based, as defined by Section 8101, | ||
Every Student Succeeds Act (20 U.S.C. Section 7801); | ||
(2) promotes the prevention and minimization of the | ||
use of restraint; and | ||
(3) includes instruction on: | ||
(A) positive strategies for behavioral | ||
management, other than the use of restraint or seclusion, including | ||
through trauma-informed practices; | ||
(B) communication and collaboration techniques; | ||
(C) identifying the potential causes of | ||
aggressive or threatening behaviors, including recognizing | ||
physical, intellectual, and developmental disabilities and a need | ||
for physical, mental, or emotional health care; | ||
(D) early recognition and mitigation of | ||
situations that may lead to an imminent threat of serious bodily | ||
harm, including through the use of a range of techniques for early | ||
intervention, de-escalation, mediation, and problem-solving; | ||
(E) common medications used by school-aged | ||
children and their potential effects; | ||
(F) the effects on a student's behavior and | ||
responses to restraint or time-out of the student's: | ||
(i) age; | ||
(ii) weight; | ||
(iii) intellectual and developmental | ||
ability; | ||
(iv) gender; | ||
(v) cultural background; | ||
(vi) race and ethnicity; | ||
(vii) experience with trauma; and | ||
(viii) history of physical contact or abuse | ||
and the use of restraint, seclusion, or time-out; | ||
(G) the psychological consequences of restraint | ||
and time-out and the effect the consequences can have on behavior; | ||
(H) identifying the symptoms of a medical | ||
emergency during the use of restraint and appropriate responses; | ||
and | ||
(I) permitted and prohibited forms of restraint | ||
and strategies for minimizing physical contact when restraining a | ||
student. | ||
(c) The agency shall review approved training programs | ||
annually to ensure each training program is in compliance with this | ||
subchapter. | ||
(d) Rules adopted under this section must require a person | ||
to complete initial and continuing training programs as determined | ||
by the agency. | ||
Sec. 37.356. POLICY ON USE OF RESTRAINT OR TIME-OUT. (a) | ||
The board of trustees of a school district shall adopt a policy | ||
regarding the appropriate use of restraint, seclusion, and | ||
time-out. The policy may minimize the use of restraint or time-out | ||
further than required under this subchapter. | ||
(b) The board of trustees of a school district shall provide | ||
written notice to each student's parent or person standing in | ||
parental relation to the student of the district's policy regarding | ||
the use of restraint and time-out. | ||
Sec. 37.357. NOTICE OF USE OF RESTRAINT OR TIME-OUT. (a) | ||
As soon as practicable but not later than the end of the same day an | ||
incident involving the use of restraint or time-out occurs, the | ||
principal or another appropriate administrator shall notify | ||
verbally and in writing the parent or the person standing in | ||
parental relation to the student who was restrained or placed in | ||
time-out of the incident. | ||
(b) The notice must include: | ||
(1) the student's name; | ||
(2) the name, position, and qualifications of the | ||
person who restrained the student or placed the student in | ||
time-out, including the training program under Section 37.355 | ||
completed by the person and the date of completion; | ||
(3) the date and time of the restraint or time-out and | ||
its duration; | ||
(4) the location of the restraint or time-out, | ||
including address and room number, as applicable; | ||
(5) the specific type of restraint or time-out used; | ||
(6) the student's description of the reasons for the | ||
restraint or time-out; | ||
(7) if a restraint was used, a description of the | ||
emergency situation, including the specific imminent threat of | ||
serious bodily harm posed by the student; | ||
(8) the strategies and de-escalation efforts used to | ||
avoid restraint or time-out and the student's response to those | ||
strategies and efforts; and | ||
(9) information on the procedure for the parent or | ||
person to arrange a meeting with the principal, administrator, or | ||
other district employee regarding the use of restraint or time-out. | ||
(c) The principal or administrator shall electronically | ||
submit a report to the agency describing each instance of the use of | ||
restraint or time-out. The report shall include: | ||
(1) the notice provided under this section; | ||
(2) the name of the parent or person who was notified; | ||
(3) the method of notification; | ||
(4) the date and time of the notification; | ||
(5) if the parent of or person standing in parental | ||
relation to the student attended a meeting regarding the incident; | ||
and | ||
(6) the date, time, and content of any meeting held. | ||
(d) The principal or administrator shall keep a copy of the | ||
report sent to the agency as part of the student's permanent record. | ||
Sec. 37.358. REPORT. The agency shall collect and analyze | ||
the information submitted by school districts under Section 37.357 | ||
and, not later than December 1 of each even-numbered year, submit a | ||
report to the members of the legislature summarizing the use of | ||
restraint and time-out in public schools in the state. | ||
Sec. 37.359. RETALIATION PROHIBITED. A school district may | ||
not retaliate against a student, employee, or other person who in | ||
good faith makes a complaint to the agency or another organization | ||
regarding the use of restraint, seclusion, or time-out in a school. | ||
Sec. 37.360. RULES. The commissioner shall adopt rules to | ||
implement this subchapter. | ||
SECTION 2. Section 12.104(b), Education Code, as amended by | ||
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts | ||
of the 85th Legislature, Regular Session, 2017, is reenacted and | ||
amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Subchapter J, Chapter 37 [ |
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(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; [ |
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(P) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(Q) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
[ |
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(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; and | ||
(S) [ |
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regarding the provision of assistance for learning difficulties to | ||
the parent's child as provided by Sections 26.004(b)(11) and | ||
26.0081(c) and (d). | ||
SECTION 3. Section 22.0512(a), Education Code, is amended | ||
to read as follows: | ||
(a) A professional employee of a school district may not be | ||
subject to disciplinary proceedings for the employee's use of | ||
physical force against a student to the extent justified under | ||
Subchapter J, Chapter 37 [ |
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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 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 time-out [ |
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(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 29.022(u), Education Code, is amended to | ||
read as follows: | ||
(u) In this section: | ||
(1) "Parent" includes a guardian or other person | ||
standing in parental relation to a student. | ||
(2) "School business day" means a day that campus or | ||
school district administrative offices are open. | ||
(3) "Self-contained classroom" does not include a | ||
classroom that is a resource room instructional arrangement under | ||
Section 42.151. | ||
(4) "Staff member" means a teacher, related service | ||
provider, paraprofessional, counselor, or educational aide | ||
assigned to work in a self-contained classroom or other special | ||
education setting. | ||
(5) "Time-out" has the meaning assigned by Section | ||
37.351 [ |
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SECTION 6. Section 29.454(a), Education Code, is amended to | ||
read as follows: | ||
(a) The discipline of an alleged offender resident by a | ||
school district is subject to Section [ |
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and Subchapter J, Chapter 37, and to federal law governing the | ||
discipline of students with disabilities. | ||
SECTION 7. The following provisions are repealed: | ||
(1) Section 37.0011, Education Code; | ||
(2) Section 37.0021, Education Code; and | ||
(3) Section 9.62, Penal Code. | ||
SECTION 8. As soon as practicable after the effective date | ||
of this Act, the board of trustees of each school district and the | ||
governing body of each open-enrollment charter school shall adopt a | ||
policy as required by Section 37.356, Education Code, as added by | ||
this Act. | ||
SECTION 9. As soon as practicable after the effective date | ||
of this Act, but not later than September 1, 2020, the commissioner | ||
of education shall adopt rules as necessary to implement Section | ||
37.355, Education Code, as added by this Act. | ||
SECTION 10. Notwithstanding Section 37.355, Education | ||
Code, as added by this Act, a person authorized to use restraint or | ||
time-out on a student must complete the training required by | ||
Section 37.355, Education Code, as added by this Act, not later than | ||
September 1, 2021. | ||
SECTION 11. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 12. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 13. 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, 2019. |