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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative settings for behavior management in public |
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schools, including the development of restorative discipline |
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practices as part of a school district's discipline and placement |
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of a student in a disciplinary alternative education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0012(d), Education Code, is amended |
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to read as follows: |
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(d) The campus behavior coordinator shall promptly notify a |
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student's parent or guardian as provided by this subsection if |
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under this subchapter the student is placed into in-school or |
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out-of-school suspension, placed in a disciplinary alternative |
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education program, expelled, or placed in a juvenile justice |
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alternative education program or is taken into custody by a law |
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enforcement officer. A campus behavior coordinator must comply |
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with this subsection by: |
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(1) promptly contacting the parent or guardian by |
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telephone or in person; and |
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(2) making a good faith effort to provide written |
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notice [of the disciplinary action] to the student, on the day |
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disciplinary [the] action is taken, for delivery to the student's |
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parent or guardian, of: |
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(A) the action taken; and |
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(B) any restorative discipline practices used |
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under Section 37.0017 before action has been taken under |
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Subparagraph (A). |
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SECTION 2. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0017 to read as follows: |
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Sec. 37.0017. USE OF RESTORATIVE DISCIPLINE PRACTICES. (a) |
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In this section, "restorative discipline practices" includes |
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practices that address student behavior by building relationships |
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and encouraging belonging over exclusion, social engagement over |
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control, and meaningful accountability over punishment. |
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(b) Each school district and open-enrollment charter school |
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shall develop and implement restorative discipline practices as |
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alternatives to disciplinary measures. |
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(c) If disciplinary action is discretionary under this |
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subchapter, the campus behavior coordinator or another appropriate |
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administrator shall attempt restorative discipline practices |
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developed and implemented under Subsection (b) as an alternative |
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method for managing a student's behavior before: |
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(1) placing the student into in-school or |
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out-of-school suspension; |
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(2) placing the student in a disciplinary alternative |
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education program; |
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(3) expelling the student; or |
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(4) placing the student in a juvenile justice |
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alternative education program. |
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(d) A school district or open-enrollment charter school |
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shall document each use of a restorative discipline practice |
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implemented under Subsection (b) and any outcome on student |
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behavior. |
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SECTION 3. Sections 37.006(c), (d), and (f), Education |
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Code, are amended to read as follows: |
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(c) In addition to Subsections (a) and (b), a student shall |
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be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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off campus and while the student is not in attendance at a |
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school-sponsored or school-related activity if: |
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(1) the student receives deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as[: |
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[(A)] a felony offense in Title 5, Penal Code[; |
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or |
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[(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code]; |
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(2) a court or jury finds that the student has engaged |
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in delinquent conduct under Section 54.03, Family Code, for conduct |
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defined as[: |
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[(A)] a felony offense in Title 5, Penal Code; or |
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[(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code; or] |
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(3) the superintendent or the superintendent's |
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designee has a reasonable belief that the student has engaged in a |
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conduct defined as[: |
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[(A)] a felony offense in Title 5, Penal Code[; |
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or |
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[(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code]. |
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(d) In addition to Subsections (a), (b), and (c), a student |
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may be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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off campus and while the student is not in attendance at a |
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school-sponsored or school-related activity if: |
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(1) the superintendent or the superintendent's |
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designee has a reasonable belief that the student has engaged in |
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conduct defined as a felony offense other than an offense |
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[aggravated robbery under Section 29.03, Penal Code, or those |
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offenses] defined in Title 5, Penal Code; and |
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(2) the continued presence of the student in the |
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regular classroom threatens the safety of other students or |
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teachers or will be detrimental to the educational process. |
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(f) Subject to Section 37.007(e), a student who is younger |
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than 12 [10] years of age shall be removed from class and placed in a |
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disciplinary alternative education program under Section 37.008 if |
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the student engages in conduct described by Section 37.007. An |
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elementary school student may not be placed in a disciplinary |
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alternative education program with any other student who is not an |
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elementary school student. |
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SECTION 4. Sections 37.007(e) and (h), Education Code, are |
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amended to read as follows: |
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(e) In accordance with 20 U.S.C. Section 7961 [7151], a |
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local educational agency, including a school district, home-rule |
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school district, or open-enrollment charter school, shall expel a |
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student who brings a firearm, as defined by 18 U.S.C. Section 921, |
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to school. The student must be expelled from the student's regular |
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campus for a period of at least one year, except that: |
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(1) the superintendent or other chief administrative |
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officer of the school district or of the other local educational |
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agency, as defined by 20 U.S.C. Section 7801, may modify the length |
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of the expulsion in the case of an individual student; |
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(2) the district or other local educational agency |
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shall provide educational services to an expelled student in a |
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disciplinary alternative education program as provided by Section |
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37.008 if the student is younger than 12 [10] years of age on the |
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date of expulsion; and |
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(3) the district or other local educational agency may |
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provide educational services to an expelled student who is 12 [10] |
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years of age or older in a disciplinary alternative education |
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program as provided in Section 37.008. |
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(h) Subject to Subsection (e), notwithstanding any other |
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provision of this section, a student who is younger than 12 [10] |
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years of age may not be expelled for engaging in conduct described |
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by this section. |
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SECTION 5. Section 37.009, Education Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) The period of the placement in a disciplinary |
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alternative education program determined under Subsection (a) or |
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(d) begins on the first school day after the date the conference is |
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held under Subsection (a) and includes days the student is: |
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(1) placed into in-school or out-of-school |
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suspension; |
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(2) awaiting placement or enrollment in a disciplinary |
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alternative education program or juvenile justice alternative |
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education program; or |
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(3) otherwise removed from class. |
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SECTION 6. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |