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Sec. 37.002. REMOVAL BY TEACHER.
(a) A teacher may send a student to the principal's office to
maintain effective discipline in the classroom. The principal
shall respond by employing appropriate discipline management
techniques consistent with the student code of conduct adopted
under Section 37.001.
(b) A
teacher may remove from class a student:
(1) who has
been documented by the teacher to repeatedly interfere with the
teacher's ability to communicate effectively with the students
in the class or with the ability of the student's classmates to
learn; or
(2) whose
behavior the teacher determines is so unruly, disruptive, or
abusive that it seriously interferes with the teacher's ability
to communicate effectively with the students in the class or
with the ability of the student's classmates to learn.
(c) If a
teacher removes a student from class under Subsection (b), the
principal may place the student into another appropriate
classroom, into in-school suspension, or into a disciplinary
alternative education program as provided by Section 37.008.
The principal may not return the student to that teacher's class
without the teacher's consent unless the committee established
under Section 37.003 determines that such placement is the best
or only alternative available. The terms of the removal may
prohibit the student from attending or participating in
school-sponsored or school-related activity.
(d) A
teacher shall remove from class and send to the principal for
placement in a disciplinary alternative education program or for
expulsion, as appropriate, a student who engages in conduct
described under
Section 37.006 or 37.007. The student may not
be returned to that teacher's class without the teacher's
consent unless the committee established under Section 37.003
determines that such placement is the best or only alternative
available. If the teacher removed the student from class
because the student has engaged in the elements of any offense
listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or
(b)(2)(C) against the teacher, the student may not be returned
to the teacher's class without the teacher's consent. The
teacher may not be coerced to consent.
Added by
Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 5, eff. June 20,
2003.
Amended by:
Acts 2005,
79th Leg., Ch. 504, Sec. 2, eff. June 17, 2005.
Sec.
37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND
TIME-OUT. (a) It is the policy of this state to treat with
dignity and respect all students, including students with
disabilities who receive special education services under
Subchapter A, Chapter 29. A student with a disability who
receives special education services under Subchapter A, Chapter
29, may not be confined in a locked box, locked closet, or other
specially designed locked space as either a discipline
management practice or a behavior management technique.
(b) In this
section:
(1)
"Restraint" means the use of physical force or a mechanical
device to significantly restrict the free movement of all or a
portion of a student's body.
(2)
"Seclusion" means a behavior management technique in which a
student is confined in a locked box, locked closet, or locked
room that:
(A) is
designed solely to seclude a person; and
(B)
contains less than 50 square feet of space.
(3)
"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 a setting:
(A) that is
not locked; and
(B) from
which the exit is not physically blocked by furniture, a closed
door held shut from the outside, or another inanimate object.
(c) A
school district employee or volunteer or an independent
contractor of a district may not place a student in seclusion.
This subsection does not apply to the use of seclusion in a
court-ordered placement, other than a placement in an
educational program of a school district, or in a placement or
facility to which the following law, rules, or regulations
apply:
(1) the
Children's Health Act of 2000, Pub. L. No. 106-310, any
subsequent amendments to that Act, any regulations adopted under
that Act, or any subsequent amendments to those regulations;
(2) 40
T.A.C. Sections 720.1001-720.1013; or
(3) 25
T.A.C. Section 412.308(e).
(d) The
commissioner by rule shall adopt procedures for the use of
restraint and time-out by a school district employee or
volunteer or an independent contractor of a district in the case
of a student with a disability receiving special education
services under Subchapter A, Chapter 29. A procedure adopted
under this subsection must:
(1) be
consistent with:
(A)
professionally accepted practices and standards of student
discipline and techniques for behavior management; and
(B)
relevant health and safety standards; and
(2)
identify any discipline management practice or behavior
management technique that requires a district employee or
volunteer or an independent contractor of a district to be
trained before using that practice or technique.
(e) In the
case of a conflict between a rule adopted under Subsection (d)
and a rule adopted under Subchapter A, Chapter 29, the rule
adopted under Subsection (d) controls.
(f) For
purposes of this subsection, "weapon" includes any weapon
described under Section 37.007(a)(1). This section does not
prevent a student's locked, unattended confinement in an
emergency situation while awaiting the arrival of law
enforcement personnel if:
(1) the
student possesses a weapon; and
(2) the
confinement is necessary to prevent the student from causing
bodily harm to the student or another person.
(g) This
section and any rules or procedures adopted under this section
do not apply to:
(1) a peace
officer while 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.
Added by
Acts 2001, 77th Leg., ch. 212, Sec. 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 6, eff. June 20,
2003.
Sec.
37.003. PLACEMENT REVIEW COMMITTEE. (a) Each school shall
establish a three-member committee to determine placement of a
student when a teacher refuses the return of a student to the
teacher's class and make recommendations to the district
regarding readmission of expelled students. Members shall be
appointed as follows:
(1) the
campus faculty shall choose two teachers to serve as members and
one teacher to serve as an alternate member; and
(2) the
principal shall choose one member from the professional staff of
a campus.
(b) The
teacher refusing to readmit the student may not serve on the
committee.
(c) The
committee's placement determination regarding a student with a
disability who receives special education services under
Subchapter A, Chapter 29, is subject to the requirements of the
Individuals with Disabilities Education Act (20 U.S.C. Section
1400 et seq.) and federal regulations, state statutes, and
agency requirements necessary to carry out federal law or
regulations or state law relating to special education.
Added by
Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 7, eff. June 20,
2003.
Sec.
37.004. PLACEMENT OF STUDENTS WITH DISABILITIES. (a) The
placement of a student with a disability who receives special
education services may be made only by a duly constituted
admission, review, and dismissal committee.
(b) Any
disciplinary action regarding a student with a disability who
receives special education services that would constitute a
change in placement under federal law may be taken only after
the student's admission, review, and dismissal committee
conducts a manifestation determination review under 20 U.S.C.
Section 1415(k)(4) and its subsequent amendments. Any
disciplinary action regarding the student shall be determined in
accordance with federal law and regulations, including laws or
regulations requiring the provision of:
(1)
functional behavioral assessments;
(2)
positive behavioral interventions, strategies, and supports;
(3)
behavioral intervention plans; and
(4) the
manifestation determination review.
(c) A
student with a disability who receives special education
services may not be placed in alternative education programs
solely for educational purposes.
(d) A
teacher in an alternative education program under Section 37.008
who has a special education assignment must hold an appropriate
certificate or permit for that assignment.
Added by
Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, Sec. 6, eff. June 13,
2001; Acts 2001, 77th Leg., ch. 1225, Sec. 1, eff. June 15,
2001; Acts 2003, 78th Leg., ch. 435, Sec. 1, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1,
2003. |
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