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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting, standards, and restrictions regarding |
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public school disciplinary actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.131, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) An open-enrollment charter school may not elect to |
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suspend a student for a number of school days that exceeds the |
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maximum number of school days allowed under Section 37.005(b). |
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SECTION 2. The heading to Section 37.020, Education Code, |
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is amended to read as follows: |
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Sec. 37.020. REPORTS RELATING TO [EXPULSIONS AND] |
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DISCIPLINARY ACTIONS [ALTERNATIVE EDUCATION PROGRAM PLACEMENTS]. |
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SECTION 3. Section 37.020, Education Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (d) to read |
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as follows: |
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(b) For each placement in a disciplinary alternative |
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education program established under Section 37.008, the district |
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shall report: |
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(1) information identifying the student, including |
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the student's race, ethnicity, sex, and date of birth, that will |
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enable the agency to compare placement data with information |
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collected through other reports; |
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(2) information indicating whether the placement was |
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based on: |
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(A) conduct violating the student code of conduct |
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adopted under Section 37.001; |
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(B) conduct for which a student may be removed |
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from class under Section 37.002(b); |
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(C) conduct for which placement in a disciplinary |
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alternative education program is required by Section 37.006; or |
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(D) conduct occurring while a student was |
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enrolled in another district and for which placement in a |
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disciplinary alternative education program is permitted by Section |
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37.008(j); |
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(3) the number of full or partial days the student was |
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assigned to the program and the number of full or partial days the |
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student attended the program; and |
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(4) the number of placements that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5). |
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(c) For each expulsion under Section 37.007, the district |
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shall report: |
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(1) information identifying the student, including |
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the student's race, ethnicity, sex, and date of birth, that will |
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enable the agency to compare placement data with information |
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collected through other reports; |
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(2) information indicating whether the expulsion was |
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based on: |
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(A) conduct for which expulsion is required under |
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Section 37.007, including information specifically indicating |
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whether a student was expelled on the basis of Section 37.007(e); or |
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(B) conduct for which expulsion is permitted |
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under Section 37.007; |
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(3) the number of full or partial days the student was |
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expelled; |
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(4) information indicating whether: |
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(A) the student was placed in a juvenile justice |
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alternative education program under Section 37.011; |
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(B) the student was placed in a disciplinary |
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alternative education program; or |
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(C) the student was not placed in a juvenile |
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justice or other disciplinary alternative education program; and |
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(5) the number of expulsions that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5). |
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(d) Each district shall report all other disciplinary |
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actions resulting in a removal of a student from any part of the |
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student's regular academic program, including in-school suspension |
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and out-of-school suspension. For each disciplinary action, the |
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district shall report: |
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(1) information identifying the student, including |
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the student's race, ethnicity, sex, and date of birth, that will |
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enable the agency to compare placement data with information |
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collected through other reports; |
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(2) information indicating the type of disciplinary |
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action; |
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(3) information indicating the basis of the |
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disciplinary action; and |
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(4) the number of full or partial days the student was |
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the subject of disciplinary action. |
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SECTION 4. 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. IN-SCHOOL SUSPENSION PLACEMENT DATA. (a) If |
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the commissioner determines from data reported under Section 37.020 |
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that a school district has placed an excessive number of students in |
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in-school suspension, has placed a disproportionate number of |
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students with disabilities or students of a particular race or |
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ethnicity in in-school suspension, or has placed one or more |
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students in in-school suspension for an excessive number of days, |
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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 purpose of informing the public of, as |
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applicable, the excessive number of placements in in-school |
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suspension, the disproportionate number of placements of students |
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with disabilities or students of a particular race or ethnicity in |
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in-school suspension, or the excessive length of placements in |
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in-school suspension; or |
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(2) order the district to include in the district |
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improvement plan under Section 11.252 strategies to reduce, as |
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applicable, the total number of placements in in-school suspension, |
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the number of placements in in-school suspension of students with |
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disabilities or students of a particular race or ethnicity, or the |
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length of placements in in-school suspension. |
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(b) The commissioner by rule shall develop criteria for |
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making determinations regarding excessive number of placements, |
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disproportionate number of placements, and excessive length of |
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placements for purposes of this section. |
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Sec. 37.0202. IN-SCHOOL SUSPENSION EDUCATIONAL STANDARDS. |
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(a) The agency shall adopt minimum educational standards for |
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in-school suspension settings, including standards relating to: |
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(1) qualifications of personnel providing education |
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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 assigned to in-school suspension; and |
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(3) the ratio of students in in-school suspension to |
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teachers or educational aides providing education services to |
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students assigned to in-school suspension. |
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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 and training of teachers or educational aides |
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assigned to in-school suspension, the ratio of students to teachers |
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or educational aides, and information regarding the district's |
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compliance with Section 37.021. |
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SECTION 5. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 6. 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. |