85R2582 PAM-D     By: Allen H.B. No. 396       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) 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 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 3.  Section 25.007(b), Education Code, as amended by   Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494),   Acts of the 84th Legislature, Regular Session, 2015, is reenacted   and 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)  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;                (5)  establishing procedures to lessen the adverse   impact of the movement of a student who is homeless or 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 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;                (8)  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;                (9)  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 seclusion required   by Section 37.0021;[ and                      [(G)     use of corporal punishment as provided by   Section 37.0011;]                (10)  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;                (11)  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;                (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)  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                (14) [(13)]  providing other assistance as identified   by the agency.          SECTION 4.  Section 37.0011, Education Code, is repealed.          SECTION 5.  This Act applies beginning with the 2017-2018   school year.          SECTION 6.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          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, 2017.