�BILL ANALYSIS

Senate Research Center	S.B. 245
88R5835 MEW-F	By: Perry
	Education
	4/11/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In recent years there has been a steady increase in assaults on school employees, and school related terroristic threats. As a result, many parents, teachers, and school administrators have raised concerns that violent and threatening students are regularly placing public schools at risk of harm. Additionally, the current discipline processes are often insufficient to address these dangerous student behaviors.

Furthermore, there has also been a steady rise in the number of students who are engaging in classroom disruptions and inappropriate behaviors. These disruptions are impeding both the ability of teachers to teach and students to learn.

The proposed legislation amends the Education Code to provide teachers and schools with additional tools to address students who engage in dangerous or disruptive behaviors.

As proposed, S.B. 245 amends current law relating to discipline management and access to telehealth mental health services in public schools.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12A.004(a), Education Code, as follows:

(a) Prohibits a local innovation plan from providing for the exemption of a district designated as a district of innovation from certain provisions of Title 2 (Public Education), including Chapter 37 (Discipline; Law and Order). Makes a nonsubstantive change.

SECTION 2. Amends Section 37.002, Education Code, by amending Subsections (b), (c), and (d) and adding Subsection (b-2), as follows:

(b) Authorizes a teacher to remove from class a student:

(1) who has been documented by the teacher to interfere, rather than 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 unruly, disruptive, or abusive and interferes, rather than 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.

(b-2) Authorizes a teacher to remove a student from class under Subsection (b) based on a single incident of behavior described by Subsection (b)(1) or (2).

(c) Prohibits the principal from returning the student to that teacher's class without the teacher's consent unless the committee established under Section 37.003 (Placement Review Committee) determines that such placement is the best or only alternative available and a conference in which the teacher has been provided an opportunity to participate has been held in accordance with Section 37.009(a) (relating to placing a student by scheduling a conference with all concerned parties following a student's removal from class).

(d) Prohibits the student from being 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 and a conference in which the teacher has been provided an opportunity to participate has been held in accordance with Section 37.009(a). Prohibits the student, if the teacher removed the student from class because the student has engaged in prohibited conduct or the elements of any offense listed in certain sections against the teacher or another student in the teacher's class, from being returned to the teacher's class without the teacher's consent.

SECTION 3. Amends Section 37.0021(f), Education Code, to redefine "weapon."

SECTION 4. Amends Section 37.005(b), Education Code, to prohibit a suspension under Section 37.005 (Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior) from exceeding five, rather than three, school days.

SECTION 5. Amends Sections 37.006(a) and (b), Education Code, as follows:

(a) Requires a student to be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 (Disciplinary Alternative Education Programs) if the student:

(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06 (False Alarm or Report), Penal Code, rather than engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or a terroristic threat under Section 22.07 (Terroristic Threat) Penal Code; or

(2) commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

(A)-(E) makes no changes to these paragraphs;

(F) makes a nonsubstantive change to this paragraph;

(G) engages in conduct that contains the elements of the offense of disorderly conduct under Section 42.01 (Disorderly Conduct), Penal Code, rather than harassment under Sections 42.07(a)(1) (relating to a person committing an offense by communicating obscenely), (2) (relating to threatening to inflict bodily injury or commit a felony against a person or their subsidiaries), (3) (relating to conveying alarming injury of another person), or (7) (relating to sending repeated electronic communications likely to harass another), Penal Code, against an employee of the school district; or

(H) engages in conduct described by Section 37.002(b) and the student was previously removed from class at the same school under that subsection for similar behavior.

(b) Requires a student, except as provided by Section 37.007(d), to be removed from class and placed in a disciplinary alternative education program under Section 37.008 if the student engages in conduct on or off of school property against any school employee that contains the elements of the offense of:

(1) creates this subdivision from existing text and makes a nonsubstantive change; or

(2) harassment under Section 42.07(a)(1), (2), (3), or (7), Penal Code.

SECTION 6. Amends Sections 37.007(a), (b), (d), and (i), Education Code, as follows:

(a) Requires a student, except as provided by Subsection (k) (relating to prohibiting a student's expulsion based on certain permitted instances of firearm possession), to be expelled from a school if the student:

(1) engages in conduct involving a public school that contains the elements of the offense of terroristic threat under Section 22.07, Penal Code;

(2) makes nonsubstantive changes to this subdivision; or

(3) while on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property, engages in conduct that contains the elements of an offense under Section 22.01(a)(1) (relating to causing injury or bodily harm to another person), Penal Code, against a school district employee or a volunteer as defined by Section 22.053 (School District Volunteers) of this code, rather than engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.

(b) Deletes existing text authorizing a student to be expelled if the student, while on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property engages in conduct that contains the elements of an offense under Section 22.01(a)(1), Penal Code, against a school district employee or a volunteer as defined by Section 22.053. Makes conforming and nonsubstantive changes.

(d) Deletes existing text authorizing a student to be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (b)(2)(C) against any employee or volunteer in retaliation for or as a result of the person's employment or association with a school district, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.

(i) Makes a conforming change to this subsection.

SECTION 7. Amends Section 37.0012, Education Code, by amending Subsection (a) and adding Subsections (a-1) and (b-1), as follows:

(a) Requires a single person at each campus to be designated to serve as the campus behavior coordinator.

(a-1) Authorizes additional school staff members to assist the campus behavior coordinator in the performance of the campus behavior coordinator's duties, provided that the campus behavior coordinator personally verifies that all aspects of Subchapter A (General Provisions) are appropriately implemented.

(b-1) Requires the campus behavior coordinator to:

(1) monitor disciplinary referrals;

(2) report to the campus's threat assessment and safe and supportive school team established under Section 37.115 (Threat Assessment and Safe and Supportive School Program and Team) any student who engages in conduct that contains the elements of:

(A) the offense of terroristic threat under Section 22.07, Penal Code;

(B) the offense of unlawfully carrying weapons under Section 46.02, Penal Code; or

(3) report to the campus's threat assessment and safe and supportive school team established under Section 37.115 and the iWatchTexas community reporting system operated by the Department of Public Safety of the State of Texas (DPS) any concerning student behaviors or behavioral trends that may pose a serious risk of violence to the student or others.

SECTION 8. Amends Section 37.011(b), Education Code, as follows:

(b) Deletes existing text requiring the juvenile court, the juvenile board, or the juvenile board's designee, if a student admitted into the public schools of a school district under Section 25.001(b) (relating to requiring a school district's board of trustees or their designee to admit students free of tuition with certain age requirements) is expelled from school for conduct that contains the elements of the offense of terroristic threat as described by Section 22.07(c-1) (relating to intending to injure a known peace officer or judge), (d) (relating to qualifying an offense as a felony if the actor causes pecuniary loss of more than $1,500), or (e) (relating to qualifying the offense as a felony of the third degree), Penal Code, to take certain actions, as appropriate.

SECTION 9. Amends Section 37.019, Education Code, by amending Subsection (a) and adding Subsection (b-1), as follows:

(a) Makes conforming changes to this subsection.

(b-1) Authorizes the principal or principal's designee to order the emergency placement or expulsion of a student under Section 37.019 (Emergency Placement or Expulsion) based on a single incident of behavior by the student.

SECTION 10. Amends Subchapter A, Chapter 37, Education Code, by adding Section 37.024, as follows:

Sec. 37.024. PENALTIES FOR IMPOSITION OF DISCIPLINARY MEASURES PROHIBITED. Prohibits the Texas Education Agency (TEA) from withholding any state funding or imposing a penalty on a school district based on the number of students in the district that have been removed from a classroom, placed into in-school or out-of-school suspension, placed in a disciplinary alternative education program or a juvenile justice alternative education program, or expelled.

SECTION 11. Amends Section 37.115, Education Code, by amending Subsection (d) and adding Subsection (h-1), as follows:

(d) Authorizes a team to serve more than one campus of a school district, provided that each district campus is assigned a team and in serving a particular campus, the team includes the person designated to serve as the campus behavior coordinator under Section 37.0012 (Designation of Campus Behavior Coordinator) for that campus.

(h-1) Requires the team, after informing the superintendent of a team's determination under Subsection (h), to immediately submit a report on the team's determination through the iWatchTexas community reporting system operated by DPS.

SECTION 12. Amends Subchapter F, Chapter 38, Education Code, by adding Section 38.2545, as follows:

Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH TELEMEDICINE. (a) Defines "consortium" and "Texas Child Health Access through Telemedicine program."

(b) Requires a school district, if the Texas Child Mental Health Consortium makes available mental health services to the district through the Texas Child Health Access through Telemedicine program, to offer to each student enrolled in the district access to those mental health services.

(c) Prohibits a school district from providing a mental health service to a student who is under 18 years of age unless the district obtains written consent from the parent or legal guardian of the student as required by Section 113.0152 (Consent Required for Services to Minor), Health and Safety Code.

(d) Prohibits a school district from requiring a student to participate in any service provided under Subsection (b).

(e) Requires TEA, before the beginning of each school year, to determine at which school districts the Texas Child Health Access through Telemedicine program is available and verify that each of those school districts is in compliance with Subsection (b).

SECTION 13. Makes application of Section 1219.004(a), Education Code, as amended by this Act, prospective.

SECTION 14. Provides that this Act applies beginning with the 2023�2024 school year.

SECTION 15. Effective date: upon passage or September 1, 2023.