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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension of certain public school students and to |
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the repeal of the positive behavior program for public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.934(d), Education Code, is amended to |
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read as follows: |
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(d) To be designated as a resource campus, the campus must: |
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(1) implement a targeted improvement plan as described |
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by Chapter 39A and establish a school community partnership team; |
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(2) adopt an accelerated campus excellence turnaround |
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plan as provided by Section 39A.105(b) except that a classroom |
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teacher who satisfies the requirements for demonstrated |
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instructional effectiveness under Section 39A.105(b)(3) must also |
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hold a current designation assigned under Section 21.3521; |
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(3) be in a school district that has adopted an |
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approved local optional teacher designation system under Section |
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21.3521; |
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(4) satisfy certain staff criteria by: |
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(A) requiring a principal or teacher employed at |
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the campus before the designation to apply for a position to |
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continue at the campus; |
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(B) employing only teachers who have at least |
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three years of teaching experience; |
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(C) employing at least one school counselor for |
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every 300 students; and |
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(D) employing at least one appropriately |
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licensed professional to assist with the social and emotional needs |
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of students and staff, who must be a: |
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(i) family and community liaison; |
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(ii) clinical social worker; |
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(iii) specialist in school psychology; or |
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(iv) professional counselor; |
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(5) [implement a positive behavior program as provided |
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by Section 37.0013; |
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[(6)] implement a family engagement plan as described |
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by Section 29.168; |
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(6) [(7)] develop and implement a plan to use high |
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quality instructional materials; |
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(7) [(8)] if the campus is an elementary campus, |
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operate the campus for a school year that qualifies for funding |
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under Section 48.0051; and |
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(8) [(9)] annually submit to the commissioner data and |
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information required by the commissioner to assess fidelity of |
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implementation. |
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SECTION 2. Section 37.005, Education Code, is amended by |
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amending Subsection (d) and adding Subsections (d-1) and (f) to |
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read as follows: |
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(d) A school district or open-enrollment charter school may |
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not place a student who is homeless in out-of-school suspension |
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unless the student engages in the following conduct [described by |
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Subsections (c)(1)-(3)] while on school property or while attending |
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a school-sponsored or school-related activity on or off of school |
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property: |
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(1) conduct that contains the elements of an offense |
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related to weapons under Section 46.02 or 46.05, Penal Code; |
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(2) conduct that contains the elements of a violent |
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offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; |
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or |
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(3) selling, giving, or delivering to another person |
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or possessing, using, or being under the influence of any amount of: |
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(A) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; |
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(B) a dangerous drug, as defined by Chapter 483, |
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Health and Safety Code; or |
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(C) an alcoholic beverage, as defined by Section |
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1.04, Alcoholic Beverage Code. |
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(d-1) The campus behavior coordinator may coordinate with |
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the school district's homeless education liaison to identify |
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appropriate alternatives to out-of-school suspension for a student |
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who is homeless. [In this subsection, "student who is homeless" |
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has the meaning assigned to the term "homeless children and youths" |
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under 42 U.S.C. Section 11434a.] |
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(f) In this section, "student who is homeless" has the |
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meaning assigned to the term "homeless children and youths" under |
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42 U.S.C. Section 11434a. |
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SECTION 3. The following provisions of the Education Code |
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are repealed: |
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(1) Section 37.0013; and |
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(2) Section 37.005(c). |
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SECTION 4. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 5. 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, 2025. |