88R20458 BDP-D
 
  By: Allen H.B. No. 773
 
  Substitute the following for H.B. No. 773:
 
  By:  Thompson of Harris C.S.H.B. No. 773
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting certain releases of a student to the
  student's parent after school-initiated communication by a school
  district or open-enrollment charter school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 25, Education Code, is
  amended by adding Section 25.0875 to read as follows:
         Sec. 25.0875.  CERTAIN RELEASES OF STUDENT TO PARENT AFTER
  SCHOOL-INITIATED COMMUNICATION PROHIBITED. (a) In this section,
  "parent" includes a person standing in parental relation.
         (b)  Except as provided by Subsection (c), a school district
  or open-enrollment charter school may not release a student to the
  student's parent before the end of the instructional day and after
  the parent receives a school-initiated communication if the release
  of the student is:
               (1)  a discipline management technique; or
               (2)  a reaction to the student's behavior that impedes
  the student's ability to learn but does not:
                     (A)  violate the student code of conduct under
  Section 37.001; or
                     (B)  require the student's teacher to remove the
  student under Section 37.002.
         (c)  A school district or open-enrollment charter school may
  release a student to the student's parent before the end of the
  instructional day if the student's release occurs because the
  student is:
               (1)  suspended under Section 37.005; or
               (2)  expelled under Section 37.0052, 37.007, or
  37.0081.
         SECTION 2.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 3.  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, 2023.