BILL ANALYSIS

 

 

Senate Research Center	C.S.H.B. 674
85R25465 MM-D	By: Johnson, Eric; Giddings (Garcia)
	Education
	5/18/2017
	Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Relating to the suspension of a student enrolled in a grade level below grade three from public school.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 37, Education Code, by adding Section 37.0013, as follows:

 

Sec. 37.0013. POSITIVE BEHAVIOR PROGRAM. (a) Requires each school district and open-enrolment charter school to develop and implement a program, in consultation with campus behavior coordinators employed by the district or school and representatives of a regional education service center, that provides a disciplinary alternative for a student enrolled in a grade level below grade three who engages in conduct described by Section 37.005(a) (relating to authorizing a principal or other appropriate administrator to suspend a student who engages in certain conduct) and is not subject to Section 37.005(c). Requires that the program:

 

(1) be age-appropriate and research-based;

 

(2) provide models for positive behavior;

 

(3) promote a positive school environment;

 

(4) provide alternative disciplinary courses of action that do not rely on the use of in-school suspension, out-of-school suspension, or placement in a disciplinary alternative education program to manage student behavior; and

 

(5) provide certain behavior management strategies.

 

(b) Requires each school district and open-enrollment charter school to annually conduct training for staff employed by the district or school on the program adopted under Subsection (a).

 

SECTION 2. Amends Section 37.005,� Education Code, by adding Subsection (c), as follows:

 

(c) Prohibits a student enrolled in a grade level below grade three from being placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off school property, the student engages in:

 

(1) conduct that contains the elements of an offense related to weapons under Section 46.02 (Unlawful Carrying Weapons) or 46.05 (Prohibited Weapons), Penal Code;

 

(2) conduct that contains the elements of a violent offense under Section 22.01 (Assault), 22.011 (Sexual Assault), 22.02 (Aggravated Assault), or 22.021 (Aggravated Sexual Assault), Penal Code; or

 

(3) selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of marihuana or a controlled substance, as defined by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or by 21 U.S.C. Section 801 et seq.; a dangerous drug as defined by Chapter 483 (Dangerous Drugs), Health and Safety Code; or an alcoholic beverage, as defined by Section 1.04 (Definitions), Alcoholic Beverage Code.

 

SECTION 3. Provides that this Act applies beginning with the 2017-2018 school year.

 

SECTION 4. Effective date: upon passage or September 1, 2017.