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SECTION 2. Section 21.451(d),
Education Code, is amended to read as follows:
(d) The staff development:
(1) may include training in:
(A) technology;
(B) conflict resolution;
(C) discipline strategies,
including classroom management, district discipline policies, and the
student code of conduct adopted under Section 37.001 and Chapter 37; and
(D) preventing, identifying,
responding to, and reporting incidents of bullying;
(2) subject to Subsection (e)
and to Section 21.3541 and rules adopted under that section, must include
training that is evidence-based [based on scientifically based
research], as defined by Section 8101, Every Student Succeeds Act
[9101, No Child Left Behind Act of 2001] (20 U.S.C. Section 7801), and
that:
(A) relates to instruction of
students with disabilities; and
(B) is designed for educators
who work primarily outside the area of special education; [and]
(3) must include suicide
prevention training that must be provided:
(A) on an annual basis, as
part of a new employee orientation, to all new school district and
open-enrollment charter school educators; and
(B) to existing school
district and open-enrollment charter school educators on a schedule adopted
by the agency by rule; and
(4) notwithstanding
Subdivision (1)(C), must include for educators who work with students
enrolled in a grade level below grade four
training on the positive behavior and early detection prevention programs
under Section 37.0183.
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SECTION 2. Section 21.451(d),
Education Code, is amended to read as follows:
(d) The staff development:
(1) may include training in:
(A) technology;
(B) conflict resolution;
(C) discipline strategies,
including classroom management, district discipline policies, and the
student code of conduct adopted under Section 37.001 and Chapter 37; and
(D) preventing, identifying,
responding to, and reporting incidents of bullying;
(2) subject to Subsection (e)
and to Section 21.3541 and rules adopted under that section, must include
training that is evidence-based [based on scientifically based
research], as defined by Section 8101, Every Student Succeeds Act
[9101, No Child Left Behind Act of 2001] (20 U.S.C. Section 7801), and
that:
(A) relates to instruction of
students with disabilities; and
(B) is designed for educators
who work primarily outside the area of special education; [and]
(3) must include suicide
prevention training that must be provided:
(A) on an annual basis, as
part of a new employee orientation, to all new school district and
open-enrollment charter school educators; and
(B) to existing school
district and open-enrollment charter school educators on a schedule adopted
by the agency by rule; and
(4) notwithstanding
Subdivision (1)(C), must include for educators who work with students
enrolled in a grade level below grade three
training on the positive behavior and early detection prevention programs
under Section 37.0183.
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SECTION 3. Section 37.001(a),
Education Code, as amended by Chapters 487 (S.B. 1541) and 1409 (S.B.
1114), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended to read as follows:
(a) The board of trustees of
an independent school district shall, with the advice of its district-level
committee established under Subchapter F, Chapter 11, adopt a student code
of conduct for the district. The student code of conduct must be posted and
prominently displayed at each school campus or made available for review at
the office of the campus principal. In addition to establishing standards
for student conduct, the student code of conduct must:
(1) specify the
circumstances, in accordance with this subchapter, under which a student
may be removed from a classroom, campus, disciplinary alternative education
program, or vehicle owned or operated by the district;
(2) specify conditions that
authorize or require a principal or other appropriate administrator to
transfer a student to a disciplinary alternative education program;
(3) outline conditions under
which a student may be suspended as provided by Section 37.005 or expelled
as provided by Section 37.007;
(4) specify that
consideration will be given, as a factor in each decision concerning
suspension, removal to a disciplinary alternative education program,
expulsion, or placement in a juvenile justice alternative education
program, regardless of whether the decision concerns a mandatory or discretionary
action, to:
(A) self-defense;
(B) intent or lack of intent
at the time the student engaged in the conduct;
(C) a student's disciplinary
history; or
(D) a disability that
substantially impairs the student's capacity to appreciate the wrongfulness
of the student's conduct;
(5) state that a student
enrolled in a grade level below grade four
may not be suspended except as
authorized by this subchapter;
(6) provide guidelines
for setting the length of a term of:
(A) a removal under Section
37.006; and
(B) an expulsion under
Section 37.007;
(7) [(6)] address
the notification of a student's parent or guardian of a violation of the
student code of conduct committed by the student that results in
suspension, removal to a disciplinary alternative education program, or
expulsion;
(8) [(7)] prohibit
bullying, harassment, and making hit lists and ensure that district
employees enforce those prohibitions; and
(9) [(8)] provide,
as appropriate for students at each grade level, methods, including
options, for:
(A) managing students in the
classroom, on school grounds, and on a vehicle owned or operated by the
district;
(B) disciplining students,
including disciplining students enrolled in a grade level below grade four using behavior management
techniques that comply with the minimum standards established under Section
37.0182 as an alternative to suspension; and
(C) preventing and
intervening in student discipline problems, including bullying, harassment,
and making hit lists.
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SECTION 3. Section 37.001(a),
Education Code, as amended by Chapters 487 (S.B. 1541) and 1409 (S.B.
1114), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended to read as follows:
(a) The board of trustees of
an independent school district shall, with the advice of its district-level
committee established under Subchapter F, Chapter 11, adopt a student code
of conduct for the district. The student code of conduct must be posted and
prominently displayed at each school campus or made available for review at
the office of the campus principal. In addition to establishing standards
for student conduct, the student code of conduct must:
(1) specify the
circumstances, in accordance with this subchapter, under which a student
may be removed from a classroom, campus, disciplinary alternative education
program, or vehicle owned or operated by the district;
(2) specify conditions that
authorize or require a principal or other appropriate administrator to
transfer a student to a disciplinary alternative education program;
(3) outline conditions under
which a student may be suspended as provided by Section 37.005 or expelled
as provided by Section 37.007;
(4) specify that
consideration will be given, as a factor in each decision concerning
suspension, removal to a disciplinary alternative education program,
expulsion, or placement in a juvenile justice alternative education
program, regardless of whether the decision concerns a mandatory or
discretionary action, to:
(A) self-defense;
(B) intent or lack of intent
at the time the student engaged in the conduct;
(C) a student's disciplinary
history; or
(D) a disability that
substantially impairs the student's capacity to appreciate the wrongfulness
of the student's conduct;
(5) state that a student
enrolled in a grade level below grade three
may not be placed in out-of-school
suspension except as authorized by this subchapter;
(6) provide guidelines
for setting the length of a term of:
(A) a removal under Section
37.006; and
(B) an expulsion under
Section 37.007;
(7) [(6)] address
the notification of a student's parent or guardian of a violation of the
student code of conduct committed by the student that results in
suspension, removal to a disciplinary alternative education program, or
expulsion;
(8) [(7)] prohibit
bullying, harassment, and making hit lists and ensure that district
employees enforce those prohibitions; and
(9) [(8)] provide,
as appropriate for students at each grade level, methods, including
options, for:
(A) managing students in the
classroom, on school grounds, and on a vehicle owned or operated by the
district;
(B) disciplining students,
including disciplining students enrolled in a grade level below grade three using behavior management
techniques that comply with the minimum standards established under Section
37.0182 as an alternative to out-of-school
suspension; and
(C) preventing and
intervening in student discipline problems, including bullying, harassment,
and making hit lists.
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SECTION 5. Subchapter A,
Chapter 37, Education Code, is amended by adding Sections 37.0182, 37.0183,
and 37.023 to read as follows:
Sec. 37.0182. APPROPRIATE
BEHAVIOR MANAGEMENT TECHNIQUES FOR CERTAIN STUDENTS. (a) The commissioner
by rule shall establish minimum standards for behavior management
techniques that may be used for a student enrolled in a grade level below
grade four as an alternative to suspending the student under Section
37.005. The standards must require a behavior management technique to be a
positive behavior support that is age appropriate and research based.
(b) The agency shall
develop a database of positive behavior support systems that satisfy the
standards established under Subsection (a) and make the database available
to each school district and open-enrollment charter school.
Sec. 37.0183. POSITIVE
BEHAVIOR AND EARLY DETECTION AND PREVENTION PROGRAMS FOR CERTAIN STUDENTS. (a)
Each school district shall develop and implement for students enrolled in a
grade level below grade four a
positive behavior program that:
(1) is age appropriate and
research based;
(2) models positive
behaviors;
(3) promotes a positive
school climate;
(4) uses only behavior
management techniques that comply with the minimum standards established
under Section 37.0182;
(5) does not rely on the
use of suspensions or placements in a disciplinary alternative education
program as a means of managing problematic behavior; and
(6) includes behavior
management strategies such as positive behavioral interventions and
supports, trauma-informed practices, social and emotional learning,
referral services, and restorative practices.
(b) Each school district
shall develop and implement an early detection and prevention program to
address the needs of students enrolled in a grade level below grade four who are experiencing behavioral or
disciplinary challenges. The program must be designed to provide
appropriate evaluations, services, and supports to the student and the
student's family.
(c) In developing a
program under Subsection (a) or (b), a school district may request
assistance from a regional education service center.
(d) Each school district
shall:
(1) submit to the agency for review written procedures detailing
the implementation of each program under this section;
(2) after agency review of the procedures under
Subdivision (1), make the procedures publicly available; and
(3) train educators and
other student support staff as necessary to implement the programs as
required by this section.
(e) The commissioner may
adopt rules as necessary to implement this section.
Sec. 37.023. SANCTIONS FOR
CERTAIN VIOLATIONS. (a) The commissioner shall
sanction, in a manner determined appropriate by the commissioner, a school
district or open-enrollment charter school that:
(1) permits a student
enrolled in a grade level below grade four
to be suspended unless the
suspension is authorized by this subchapter; or
(2) fails to comply with a
requirement under Section 37.0183.
(b) The commissioner may adopt rules as necessary to implement
this section.
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SECTION 5. Subchapter A,
Chapter 37, Education Code, is amended by adding Sections 37.0182, 37.0183,
and 37.023 to read as follows:
Sec. 37.0182. APPROPRIATE
BEHAVIOR MANAGEMENT TECHNIQUES FOR CERTAIN STUDENTS. (a) The commissioner
by rule shall establish minimum standards for behavior management
techniques that may be used for a student enrolled in a grade level below
grade three as an alternative to placing the student in out-of-school suspension under
Section 37.005. The standards must require a behavior management technique
to be a positive behavior support that is age appropriate and research
based.
(b) The agency shall develop
a database of positive behavior support systems that satisfy the standards
established under Subsection (a) and make the database available to each
school district and open-enrollment charter school.
Sec. 37.0183. POSITIVE
BEHAVIOR AND EARLY DETECTION AND PREVENTION PROGRAMS FOR CERTAIN STUDENTS. (a)
Each school district shall develop and implement for students enrolled in a
grade level below grade three a
positive behavior program that:
(1) is age appropriate and
research based;
(2) models positive
behaviors;
(3) promotes a positive
school climate;
(4) uses only behavior
management techniques that comply with the minimum standards established
under Section 37.0182;
(5) does not rely on the
use of out-of-school suspensions
or placements in a disciplinary alternative education program as a means of
managing problematic behavior; and
(6) includes behavior
management strategies such as positive behavioral interventions and
supports, trauma-informed practices, social and emotional learning,
referral services, and restorative practices.
(b) Each school district
shall develop and implement an early detection and prevention program to
address the needs of students enrolled in a grade level below grade three who are experiencing behavioral
or disciplinary challenges. The program must be designed to provide
appropriate evaluations, services, and supports to the student and the
student's family.
(c) A program under Subsection (a) or (b) must include methods
for improving in-school suspension by incorporating behavior management
techniques that comply with the minimum standards established under Section
37.0182.
(d) In developing a
program under Subsection (a) or (b), a school district may request
assistance from a regional education service center.
(e) Each school district
shall:
(1) submit to the agency
written procedures detailing the implementation of each program under this
section;
(2) make the procedures
under Subdivision (1) publicly available; and
(3) train educators and
other student support staff as necessary to implement the programs as
required by this section.
(f) The commissioner may
adopt rules as necessary to implement this section.
Sec. 37.023. SANCTIONS FOR
CERTAIN VIOLATIONS. The commissioner may
sanction, in a manner determined appropriate by the commissioner, a school
district or open-enrollment charter school that:
(1) permits a student
enrolled in a grade level below grade three
to be placed in out-of-school suspension
unless the suspension is authorized by this subchapter; or
(2) fails to comply with a
requirement under Section 37.0183.
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