RESTRAINT AND TIME-OUT

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RESTRAINT AND TIME-OUT

Authorities: Texas Education Code; 19 TAC Chapter 89; Texas Penal Code

	FEDERAL AND STATE REQUIREMENTS
Practice	It is the policy of this state to treat with dignity and respect all children, including children with disabilities who receive special education services. Citations: 89.1053(a) TEC 37.0021(a)
Practice	Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of a child and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive a child of basic human necessities. Citations: 89.1053(j)
	APPLICABILITY
Practice	This framework applies to all school employees, volunteers, and independent contractors. Citations: 89.1053
Practice	This framework applies to a peace officer only if the peace officer: Citations: 89.1053(l) TEC 37.0021(h)
Practice	Is employed or commissioned by a school district; or Citations: TEC 37.0021(h)(1)
Practice	Provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency. Citations: 89.1053(l) TEC 37.0021(h)(2)
Practice	However, the data reporting requirements in this framework apply to the use of restraint by any peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. Citations: 89.1053(l) TEC 37.0021(h) 89.1053(k)
Practice	This framework does not apply to juvenile probation, detention, or corrections personnel; or an educational services provider with whom the child is placed by a judicial authority, unless the services are provided in an educational program of a school district. Citations: 89.1053(m) TEC 37.0021(g)(2)
	PROHIBITED AVERSIVE TECHNIQUES
Practice	Aversive technique means a technique or intervention that is intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a child significant physical or emotional discomfort or pain. The term includes a technique or intervention that: Citations: TEC 37.0023(a)
Practice	Is designed to or likely to cause physical pain, other than an intervention or technique permitted under the use of corporal punishment; Citations: TEC 37.0023(a)(1) TEC 37.0011
Practice	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; Citations: TEC 37.0023(a)(2) TEC 37.0011
Practice	Involves the directed release of a noxious, toxic, or otherwise unpleasant spray, mist, or substance near the child’s face; Citations: TEC 37.0023(a)(3)
Practice	Denies adequate sleep, air, food, water, shelter, bedding, physical comfort, supervision, or access to a restroom facility; Citations: TEC 37.0023(a)(4)
Practice	Ridicules or demeans the child in a manner that adversely affects or endangers the learning or mental health of the child or constitutes verbal abuse; Citations: TEC 37.0023(a)(5)
Practice	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; Citations: TEC 37.0023(a)(6)
Practice	Impairs the child’s breathing, including any procedure that involves: Citations: TEC 37.0023(a)(7)
Practice	applying pressure to the child’s torso or neck; or Citations: TEC 37.0023(a)(7)(A)
Practice	obstructing the child’s airway, including placing an object in, on, or over the child’s mouth or nose or placing a bag, cover, or mask over the child’s face; Citations: TEC 37.0023(a)(7)(B)
Practice	Restricts the child’s circulation; Citations: TEC 37.0023(a)(8)
Practice	Secures the child to a stationary object while the child is in a sitting or standing position; Citations: TEC 37.0023(a)(9)
Practice	Inhibits, reduces, or hinders the child’s ability to communicate; Citations: TEC 37.0023(a)(10)
Practice	Involves the use of a chemical restraint; Citations: TEC 37.0023(a)(11)
Practice	Constitutes a use of timeout that precludes the child from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the child’s individualized education program (IEP), including isolating the child by the use of physical barriers; or Citations: TEC 37.0023(a)(12)
Practice	Deprives the child of the use of one or more of the child’s senses, except that this aversive technique may be used if the technique is executed in a manner that: Citations: TEC 37.0023(a)(13) TEC 37.0023(c)
Practice	Does not cause the child discomfort or pain; or Citations: TEC 37.0023(c)(1)
Document	Complies with the child’s IEP or behavior intervention plan. Citations: TEC 37.0023(c)(2)
Practice	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 child. Citations: TEC 37.0023(b)
	CONFINEMENT
Practice	A child with a disability, who receives special education services, must 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. Citations: TEC 37.0021(a)
Practice	This section does not prevent a child's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if: Citations: TEC 37.0021(f)
Practice	The child possesses a weapon; and Citations: TEC 37.0021(f)(1) TEC 37.007(a)(1) Tex. Penal Code 46.01(3) Tex. Penal Code 46.01(6) Tex. Penal Code 46.01(1) Tex. Penal Code 46.05
Practice	The confinement is necessary to prevent the child from causing bodily harm to the child or another person. Citations: TEC 37.0021(f)(2)
	RESTRAINT
Practice	Restraint means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a child's body. Citations: 89.1053(b)(2) TEC 37.0021(b)(1)
Practice	Emergency means a situation in which a child's behavior poses a threat of imminent, serious: Citations: 89.1053(b)(1)
Practice	Physical harm to the child or others; or Citations: 89.1053(b)(1)(A)
Practice	Property destruction. Citations: 89.1053(b)(1)(B)
Practice	A school employee, volunteer, or independent contractor may use restraint only in an emergency and with the following limitations: Citations: 89.1053(c) 89.1053(b)(1)
Practice	Restraint must be limited to the use of such reasonable force as is necessary to address the emergency; Citations: 89.1053(c)(1)
Practice	Restraint must be discontinued at the point at which the emergency no longer exists; Citations: 89.1053(c)(2)
Practice	Restraint must be implemented in such a way as to protect the health and safety of the child and others; and Citations: 89.1053(c)(3)
Practice	Restraint must not deprive the child of basic human necessities. Citations: 89.1053(c)(4)
Practice	Training for school employees, volunteers, or independent contractors must be provided according to the following requirements: Citations: 89.1053(d)
Practice	A core team of personnel on each campus must be trained in the use of restraint, and the team must include a campus administrator or designee and any general or special education personnel likely to use restraint; Citations: 89.1053(d)(1)
Practice	Personnel called upon to use restraint in an emergency and who have not received prior training must receive training within 30 school days following the use of restraint; Citations: 89.1053(d)(2)
Practice	Training on use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint; and Citations: 89.1053(d)(3)
Practice	All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint. Citations: 89.1053(d)(4)
Practice	The following documentation requirements must be met in a case in which restraint is used by school employees, volunteers, or independent contractors: Citations: 89.1053(e)
Document	On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint; Citations: 89.1053(e)(1)
Document	On the day restraint is utilized, a good faith effort must be made to verbally notify the parent regarding the use of restraint; Citations: 89.1053(e)(2)
Document	Written notification of the use of restraint must be placed in the mail or otherwise provided to the parent within one school day of the use of restraint; Citations: 89.1053(e)(3)
Document	Written documentation regarding the use of restraint must be placed in the child's special education eligibility folder in a timely manner so the information is available to the admission, review, and dismissal (ARD) committee when it considers the impact of the child's behavior on the child's learning and/or the creation or revision of a behavioral intervention plan (BIP); and Citations: 89.1053(e)(4)
Document	Written notification to the parent and documentation to the child's special education eligibility folder must include the following: Citations: 89.1053(e)(5)
Document	Name of the child; Citations: 89.1053(e)(5)(A)
Document	Name of the staff member or staff members administering the restraint; Citations: 89.1053(e)(5)(B)
Document	Date of the restraint and the time the restraint began and ended; Citations: 89.1053(e)(5)(C)
Document	Location of the restraint; Citations: 89.1053(e)(5)(D)
Document	Nature of the restraint; Citations: 89.1053(e)(5)(E)
Document	A description of the activity in which the child was engaged immediately preceding the use of restraint; Citations: 89.1053(e)(5)(F)
Document	The behavior that prompted the restraint; Citations: 89.1053(e)(5)(G)
Document	The efforts made to de-escalate the situation and alternatives to restraint that were attempted; and Citations: 89.1053(e)(5)(H)
Document	Information documenting parent contact and notification.
Practice	For children who are homeless or in substitute care, the local educational agency must also provide notice to a child's educational decision-maker and caseworker regarding reports of restraint. Citations: TEC 25.007(b)(10)(F)
Practice	Restraint does not include the use of: Citations: 89.1053(f)
Practice	Physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning; Citations: 89.1053(f)(1)
Practice	Limited physical contact with a child to promote safety (e.g., holding a child's hand), prevent a potentially harmful action (e.g., running into the street), teach a skill, or provide comfort; Citations: 89.1053(f)(2)
Practice	Limited physical contact or appropriately prescribed adaptive equipment to prevent a child from engaging in ongoing, repetitive self-injurious behaviors; or Citations: 89.1053(f)(3)
Practice	Seat belts and other safety equipment used to secure children during transportation. Citations: 89.1053(f)(4)
Practice	Cumulative data regarding the use of restraint by school employees, volunteers, independent contractors, and by peace officers must be electronically reported through the Public Education Information Management System. Citations: 89.1053(k) TEC 37.0021(i) 89.1053(f)
	TIME-OUT
Practice	Time-out means a behavior management technique in which, to provide a child with an opportunity to regain self-control, the child is separated from other children for a limited period in a setting: Citations: 89.1053(b)(3) TEC 37.0021(b)(3)
Practice	That is not locked; and Citations: 89.1053(b)(3)(A) TEC 37.0021(b)(3)(A)
Practice	From which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object. Citations: 89.1053(b)(3)(B) TEC 37.0021(b)(3)(B)
Practice	A school employee, volunteer, or independent contractor may use time-out with the following limitations: Citations: 89.1053(g) 89.1053(b)(3)
Practice	Physical force or threat of physical force must not be used to place a child in time-out; Citations: 89.1053(g)(1) 89.1053(b)(3)
Document	Time-out must only be used in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the child's IEP and/or BIP if it is utilized on a recurrent basis to increase or decrease a targeted behavior; and Citations: 89.1053(g)(2) 89.1053(b)(3)
Practice	Use of time-out must not be implemented in a fashion that precludes the ability of a child to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the child's IEP. Citations: 89.1053(g)(3) 89.1053(b)(3)
Practice	Training for school employees, volunteers, or independent contractors must be provided according to the following requirements: Citations: 89.1053(h)
Practice	General or special education personnel who implement time-out based on requirements established in a child's IEP and/or BIP must be trained in the use of time-out; Citations: 89.1053(h)(1)
Practice	Newly identified personnel called upon to implement time-out based on requirements established in a child's IEP and/or BIP must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out; Citations: 89.1053(h)(2)
Practice	Training on the use of time-out must be provided as part of a program which addresses a full continuum of positive behavioral intervention strategies, and must address the impact of time-out on the ability of a child to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the child's IEP; and Citations: 89.1053(h)(3)
Practice	All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out. Citations: 89.1053(h)(4)
Document	Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP or BIP. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use. Citations: 89.1053(i)

Last Updated : Thu, Jan 16, 2020

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19 Texas Administrative Code § 89.1053. Procedures for Use of Restraint and Time-Out.

(a) Requirement to implement. In addition to the requirements of 34 Code of Federal Regulations (CFR), §300.324(a)(2)(i), school districts and charter schools must implement the provisions of this section regarding the use of restraint and time-out. In accordance with the provisions of Texas Education Code (TEC), §37.0021 (Use of Confinement, Restraint, Seclusion, and Time-Out), it is the policy of the state to treat with dignity and respect all students, including students with disabilities who receive special education services under TEC, Chapter 29, Subchapter A.

(b) Definitions.
(1) Emergency means a situation in which a student's behavior poses a threat of:
(A) imminent, serious physical harm to the student or others; or
(B) imminent, serious property destruction.
(2) Restraint means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of the student's body.
(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) Use of restraint. A school employee, volunteer, or independent contractor may use restraint only in an emergency as defined in subsection (b) of this section and with the following limitations.
(1) Restraint must be limited to the use of such reasonable force as is necessary to address the emergency.
(2) Restraint must be discontinued at the point at which the emergency no longer exists.
(3) Restraint must be implemented in such a way as to protect the health and safety of the student and others.
(4) Restraint must not deprive the student of basic human necessities.

(d) Training on use of restraint. Training for school employees, volunteers, or independent contractors must be provided according to the following requirements.
(1) A core team of personnel on each campus must be trained in the use of restraint, and the team must include a campus administrator or designee and any general or special education personnel likely to use restraint.
(2) Personnel called upon to use restraint in an emergency and who have not received prior training must receive training within 30 school days following the use of restraint.
(3) Training on use of restraint must include prevention and de-escalation techniques and provide alternatives to the use of restraint.
(4) All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of restraint.

(e) Documentation and notification on use of restraint. In a case in which restraint is used, school employees, volunteers, or independent contractors must implement the following documentation requirements.
(1) On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint.
(2) On the day restraint is utilized, a good faith effort must be made to verbally notify the parent(s) regarding the use of restraint.
(3) Written notification of the use of restraint must be placed in the mail or otherwise provided to the parent within one school day of the use of restraint.
(4) Written documentation regarding the use of restraint must be placed in the student's special education eligibility folder in a timely manner so the information is available to the admission, review, and dismissal (ARD) committee when it considers the impact of the student's behavior on the student's learning and/or the creation or revision of a behavior improvement plan or a behavioral intervention plan.
(5) Written notification must be provided to the student's parent(s) or person standing in parental relation to the student for each use of restraint, and documentation of each restraint must be placed in the student's special education eligibility folder. The written notification of each restraint must include the following:
(A) name of the student;
(B) name of the individual administering the restraint;
(C) date of the restraint and the time the restraint began and ended;
(D) location of the restraint;
(E) nature of the restraint;
(F) a description of the activity in which the student was engaged immediately preceding the use of restraint;
(G) the behavior of the student that prompted the restraint;
(H) the efforts made to de-escalate the situation and any alternatives to restraint that were attempted;
(I) observation of the student at the end of the restraint;
(J) information documenting parent contact and notification; and
(K) one of the following:
(i) if the student has a behavior improvement plan or behavioral intervention plan, whether the behavior improvement plan or behavioral intervention plan may need to be revised as a result of the behavior that led to the restraint and, if so, identification of the staff member responsible for scheduling an ARD committee meeting to discuss any potential revisions; or
(ii) if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student's parent or person standing in parental relation to the student to request an ARD committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student

(f) Clarification regarding restraint. The provisions adopted under this section do not apply to the use of physical force or a mechanical device that does not significantly restrict the free movement of all or a portion of the student's body. Restraint that involves significant restriction as referenced in subsection (b)(2) of this section does not include:
(1) physical contact or appropriately prescribed adaptive equipment to promote normative body positioning and/or physical functioning;
(2) limited physical contact with a student to promote safety (e.g., holding a student's hand), prevent a potentially harmful action (e.g., running into the street), teach a skill, redirect attention, provide guidance to a location, or provide comfort;
(3) limited physical contact or appropriately prescribed adaptive equipment to prevent a student from engaging in ongoing, repetitive self-injurious behaviors, with the expectation that instruction will be reflected in the individualized education program (IEP) as required by 34 CFR, §300.324(a)(2)(i) to promote student learning and reduce and/or prevent the need for ongoing intervention; or
(4) seat belts and other safety equipment used to secure students during transportation.

(g) Use of time-out. A school employee, volunteer, or independent contractor may use time-out in accordance with subsection (b)(3) of this section with the following limitations.
(1) Physical force or threat of physical force must not be used to place a student in time-out.
(2) Time-out may only be used in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the student's IEP and/or behavior improvement plan or behavioral intervention plan if it is utilized on a recurrent basis to increase or decrease a targeted behavior.
(3) Use of time-out must not be implemented in a fashion that precludes the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student's IEP.

(h) Training on use of time-out. Training for school employees, volunteers, or independent contractors must be provided according to the following requirements.
(1) General or special education personnel who implement time-out based on requirements established in a student's IEP and/or behavior improvement plan or behavioral intervention plan must be trained in the use of time-out.
(2) Newly-identified personnel called upon to implement time-out based on requirements established in a student's IEP and/or behavior improvement plan or behavioral intervention plan must receive training in the use of time-out within 30 school days of being assigned the responsibility for implementing time-out.
(3) Training on the use of time-out must be provided as part of a program which addresses a full continuum of positive behavioral intervention strategies, and must address the impact of time-out on the ability of the student to be involved in and progress in the general curriculum and advance appropriately toward attaining the annual goals specified in the student's IEP.
(4) All trained personnel must receive instruction in current professionally accepted practices and standards regarding behavior management and the use of time-out.

(i) Documentation on use of time-out. Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP and/or behavior improvement plan or behavioral intervention plan. If a student has a behavior improvement plan or behavioral intervention plan, the school district must document each use of time-out prompted by a behavior of the student specified in the student's behavior improvement plan or behavioral intervention plan, including a description of the behavior that prompted the time-out. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use.

(j) Student safety. Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of the student and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the student of basic human necessities.

(k) Data reporting. With the exception of actions covered by subsection (f) of this section, data regarding the use of restraint must be electronically reported to the Texas Education Agency (TEA) in accordance with reporting standards specified by the TEA.

(l) Peace officers. The provisions adopted under this section apply to a peace officer only if the peace officer is employed or commissioned by the school district or provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the school district and a local law enforcement agency, except that the data reporting requirements in subsection (k) of this section apply to the use of restraint by any peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity.

(m) The provisions adopted under this section do not apply to:
(1) juvenile probation, detention, or corrections personnel; or
(2) 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.

Last Amended: June 7, 2022, 47 TexReg 3248
Entered: June 9,2022
SBS

Texas Education Code § 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.
. . .

Last Amended: 86th Leg., R.S., Ch. 1180 (H.B. 3630), Sec. 1, eff. June 14, 2019
86th Leg., R.S., Ch. 598 (S.B. 712), Sec. 1, eff. June 10, 2019
Entered: July 17, 2019

Texas Penal Code § 46.05. Prohibited Weapons.

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun;
(C) a short-barrel firearm; or
(D) a firearm silencer;
    (2) knuckles;
(3) armor-piercing ammunition;
    (4) a chemical dispensing device;
    (5) a zip gun; or
   (6) a tire deflation device.

(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.

(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 69 , Sec. 2, eff. September 1, 2015.

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:
   (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio;
   (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
   (3)  was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).

(e)  An offense under Subsection (a)(1), (3), (4), or (5) is a felony of the third degree. An offense under Subsection (a)(6) is a state jail felony. An offense under Subsection (a)(2) is a Class A misdemeanor.

(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
   (1) provided by the Texas Commission on Law Enforcement ; or
   (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.

(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

Last Amended: 84th Leg., R.S., Ch. 69, Sec. 1, eff. Sept. 1, 2015
84th Leg., R.S., Ch. 69, Sec. 2, eff. Sept. 1, 2015
Entered: July 15, 2015