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A BILL TO BE ENTITLED
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AN ACT
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relating to public school alternative disciplinary settings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.020, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In addition to the placements and expulsions under |
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Subsections (b) and (c), each district shall report all other |
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disciplinary actions resulting in a removal of a student from any |
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part of their regular academic program, including in-school |
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suspension, suspension, disciplinary alternative education |
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placement, expulsion, and juvenile justice alternative education |
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program placement. In addition to the information specified in |
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Subsection (b)(1) and (c)(1), for purposes of those subsections and |
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this subsection, information identifying the student shall include |
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ethnicity. |
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SECTION 2. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Sections 37.0201 and 37.0202 to read as follows: |
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Sec. 37.0201. Disciplinary Action Data. (a) For the |
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purposes of this section, "discretionary disciplinary action" |
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includes: |
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(1) in-school suspension; |
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(2) suspension or placement in a disciplinary |
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education program that is not pursuant to Sections 37.006(a)-(c) or |
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(f), Section 37.007(e), or Section 37.304; |
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(3) expulsion or placement in a juvenile justice |
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alternative education program that is not pursuant to Section |
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37.007(a) or (e), Section 37.007(d) if the conduct contains |
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contains the elements of any offense listed in Section 37.007(a), |
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or Section 37.304. |
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(b) The agency shall evaluate information reported under |
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Section 37.020 to determine whether: |
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(1) a school district has taken a discretionary |
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disciplinary action against an excessive number of students; |
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(2) a school district has taken a discretionary |
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disciplinary action against a disproportionate number of students |
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with disabilities or students of a particular race or ethnicity; or |
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(3) the length of a school districts's discretionary |
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disciplinary action against one or more students is for an |
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excessive number of days. |
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(c) If the agency finds that Subsection (b) applies to a |
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district, the commissioner may take any of the following actions: |
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(1) order a hearing conducted by the board of trustees |
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of the district for the purposes of notifying the public of the |
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excessive number of discretionary disciplinary actions, the |
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disproportionate number of discretionary disciplinary actions |
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against students with disabilities or students of a particular race |
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or ethnicity, or the excessive length of discretionary disciplinary |
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actions; or |
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(2) order the district to include in its district |
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improvement plan under Section 11.252 strategies to reduce the |
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number of discretionary disciplinary actions, the number of |
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discretionary disciplinary actions against students with |
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disabilities or students of a particular race or ethnicity, or the |
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length of discretionary disciplinary actions. |
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(d) For the purposes of this section, an in-school |
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suspension placement that is for a period of three school days or |
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less may not be considered a discretionary disciplinary action that |
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is excessive in length. |
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(e) This section does not apply to a placement in a |
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disciplinary alternative education program or juvenile justice |
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alternative education program that is ordered by a court |
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independently of any action taken by a school district. |
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(f) The commissioner may adopt rules for the implementation |
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of this section as necessary. |
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Sec. 37.0202. In-school Suspension Educational Standards. |
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The agency shall adopt minimum educational standards for in-school |
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suspension settings, including standards relating to: |
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(1) the qualifications of personnel providing |
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education services to students assigned to in-school suspension; |
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(2) training for personnel providing education |
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services to students in-school suspension; |
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(3) the ratio of students in in-school suspension to |
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teachers or teacher aides providing education services to those |
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students; and |
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(4) keeping students in in-school suspension current |
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on all coursework during placements of 10 school days or less and |
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complying with Section 37.021. |
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(b) In the manner required by the commissioner, each school |
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district shall annually report to the commissioner information |
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relating to the educational quality of the district's in-school |
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suspension settings. The data collected shall include the |
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qualifications of teachers or teacher aides assigned to in-school |
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suspension, the ratio of students to teachers or teacher aides, and |
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information regarding the district's compliance with Section |
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37.021. |
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SECTION 3. Section 12.131, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) An open-enrollment charter school may not elect to |
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suspend a student for a period of time that exceeds the maximum |
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period allowed under Section 37.005(b). |
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SECTION 4. 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, 2013. |