Amend HB 878 by creating Subsection (a) and adding Subsection
(b) as follows:
Sec. 37.0071. (a) RESTRICTING PLACEMENT OF STUDENTS WHO
ENGAGE IN CERTAIN CONDUCT. Notwithstanding any other provision of
this subchapterExcept as provided by Subsection (b), and without
regard to whether the following conduct occurs on or off of school
property or while attending a school-sponsored or school-related
activity on or off of school property, as student may not be placed
in a regular classroom or on a regular campus while the student is
enrolled in a school district in this state if the student:
(1) has been adjudicated under Section 54.03, Family
Code, as having engaged in conduct that contains the elements of the
offense of:
(A) indecency with a child under Section 21.11,
Penal Code;
(B) sexual assault under Section 22.011, Penal
Code; or
(C) aggravated sexual assault under Section
22.021, Penal Code;
(2) has been placed on deferred prosecution under
Section 53.03, Family Code, for conduct that contains the elements
of an offense specified under Subdivision (1); or
(3) has been placed on probation under Section
54.04(d)(1), Family Code, for conduct that contains the elements of
an offense specified under Subdivision (1).
(b) The principal of the campus to which the student would be
assigned if they had not been displaced under Subdivision (1) may
decide to admit the student to the regular campus and place them in
a regular classroom if the student receives counseling from a
licensed professional counselor while enrolled in the school
district and the principal reasonably believes the student will not
be a threat to the other students at the campus.