By: Farney H.B. No. 3810

A BILL TO BE ENTITLED

AN ACT

relating to public school alternative disciplinary settings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.020, Education Code, is amended by adding Subsection (c) to read as follows:

(c) In addition to the placements and expulsions under Subsections (b) and (c), each district shall report all other disciplinary actions resulting in a removal of a student from any part of their regular academic program, including in-school suspension, suspension, disciplinary alternative education placement, expulsion, and juvenile justice alternative education program placement. In addition to the information specified in Subsection (b)(1) and (c)(1), for purposes of those subsections and this subsection, information identifying the student shall include ethnicity.

SECTION 2. Subchapter A, Chapter 37, Education Code, is amended by adding Sections 37.0201 and 37.0202 to read as follows:

Sec. 37.0201. Disciplinary Action Data. (a) For the purposes of this section, "discretionary disciplinary action" includes:

(1) in-school suspension;

(2) suspension or placement in a disciplinary education program that is not pursuant to Sections 37.006(a)-(c) or (f), Section 37.007(e), or Section 37.304;

(3) expulsion or placement in a juvenile justice alternative education program that is not pursuant to Section 37.007(a) or (e), Section 37.007(d) if the conduct contains contains the elements of any offense listed in Section 37.007(a), or Section 37.304.

(b) The agency shall evaluate information reported under Section 37.020 to determine whether:

(1) a school district has taken a discretionary disciplinary action against an excessive number of students;

(2) a school district has taken a discretionary disciplinary action against a disproportionate number of students with disabilities or students of a particular race or ethnicity; or

(3) the length of a school districts's discretionary disciplinary action against one or more students is for an excessive number of days.

(c) If the agency finds that Subsection (b) applies to a district, the commissioner may take any of the following actions:

(1) order a hearing conducted by the board of trustees of the district for the purposes of notifying the public of the excessive number of discretionary disciplinary actions, the disproportionate number of discretionary disciplinary actions against students with disabilities or students of a particular race or ethnicity, or the excessive length of discretionary disciplinary actions; or

(2) order the district to include in its district improvement plan under Section 11.252 strategies to reduce the number of discretionary disciplinary actions, the number of discretionary disciplinary actions against students with disabilities or students of a particular race or ethnicity, or the length of discretionary disciplinary actions.

(d) For the purposes of this section, an in-school suspension placement that is for a period of three school days or less may not be considered a discretionary disciplinary action that is excessive in length.

(e) This section does not apply to a placement in a disciplinary alternative education program or juvenile justice alternative education program that is ordered by a court independently of any action taken by a school district.

(f) The commissioner may adopt rules for the implementation of this section as necessary.

Sec. 37.0202. In-school Suspension Educational Standards. The agency shall adopt minimum educational standards for in-school suspension settings, including standards relating to:

(1) the qualifications of personnel providing education services to students assigned to in-school suspension;

(2) training for personnel providing education services to students in-school suspension;

(3) the ratio of students in in-school suspension to teachers or teacher aides providing education services to those students; and

(4) keeping students in in-school suspension current on all coursework during placements of 10 school days or less and complying with Section 37.021.

(b) In the manner required by the commissioner, each school district shall annually report to the commissioner information relating to the educational quality of the district's in-school suspension settings. The data collected shall include the qualifications of teachers or teacher aides assigned to in-school suspension, the ratio of students to teachers or teacher aides, and information regarding the district's compliance with Section 37.021.

SECTION 3. Section 12.131, Education Code, is amended by adding Subsection (d) to read as follows:

(d) An open-enrollment charter school may not elect to suspend a student for a period of time that exceeds the maximum period allowed under Section 37.005(b).

SECTION 4. 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, 2013.