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A BILL TO BE ENTITLED
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AN ACT
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relating to the discipline and behavior management of a student |
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enrolled in a grade level below grade three at a school district or |
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open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Sections [Section] 37.0021, 37.0182, |
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37.0183, and 37.023, including, if applicable, the staff |
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development training required under Section 21.451(d)(4); |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; and |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148. |
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SECTION 2. Section 21.451(d), Education Code, is amended to |
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read as follows: |
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(d) The staff development: |
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(1) may include training in: |
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(A) technology; |
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(B) conflict resolution; |
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(C) discipline strategies, including classroom |
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management, district discipline policies, and the student code of |
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conduct adopted under Section 37.001 and Chapter 37; and |
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(D) preventing, identifying, responding to, and |
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reporting incidents of bullying; |
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(2) subject to Subsection (e) and to Section 21.3541 |
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and rules adopted under that section, must include training that is |
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evidence-based [based on scientifically based research], as |
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defined by Section 8101, Every Student Succeeds Act [9101, No Child
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Left Behind Act of 2001] (20 U.S.C. Section 7801), and that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education; [and] |
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(3) must include suicide prevention training that must |
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be provided: |
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(A) on an annual basis, as part of a new employee |
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orientation, to all new school district and open-enrollment charter |
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school educators; and |
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(B) to existing school district and |
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open-enrollment charter school educators on a schedule adopted by |
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the agency by rule; and |
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(4) notwithstanding Subdivision (1)(C), if the school |
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district implements a positive behavior or early detection and |
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prevention program under Section 37.0183, must include training on |
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the program for educators who work with students enrolled in a grade |
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level below grade three. |
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SECTION 3. Section 37.001(a), Education Code, as amended by |
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Chapters 487 (S.B. 1541) and 1409 (S.B. 1114), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(a) The board of trustees of an independent school district |
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shall, with the advice of its district-level committee established |
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under Subchapter F, Chapter 11, adopt a student code of conduct for |
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the district. The student code of conduct must be posted and |
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prominently displayed at each school campus or made available for |
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review at the office of the campus principal. In addition to |
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establishing standards for student conduct, the student code of |
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conduct must: |
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(1) specify the circumstances, in accordance with this |
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subchapter, under which a student may be removed from a classroom, |
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campus, disciplinary alternative education program, or vehicle |
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owned or operated by the district; |
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(2) specify conditions that authorize or require a |
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principal or other appropriate administrator to transfer a student |
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to a disciplinary alternative education program; |
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(3) outline conditions under which a student may be |
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suspended as provided by Section 37.005 or expelled as provided by |
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Section 37.007; |
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(4) specify that consideration will be given, as a |
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factor in each decision concerning suspension, removal to a |
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disciplinary alternative education program, expulsion, or |
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placement in a juvenile justice alternative education program, |
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regardless of whether the decision concerns a mandatory or |
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discretionary action, to: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(5) state that a student enrolled in a grade level |
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below grade three may not be placed in out-of-school suspension |
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except as authorized by this subchapter; |
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(6) provide guidelines for setting the length of a |
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term of: |
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(A) a removal under Section 37.006; and |
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(B) an expulsion under Section 37.007; |
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(7) [(6)] address the notification of a student's |
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parent or guardian of a violation of the student code of conduct |
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committed by the student that results in suspension, removal to a |
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disciplinary alternative education program, or expulsion; |
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(8) [(7)] prohibit bullying, harassment, and making |
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hit lists and ensure that district employees enforce those |
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prohibitions; and |
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(9) [(8)] provide, as appropriate for students at each |
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grade level, methods, including options, for: |
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(A) managing students in the classroom, on school |
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grounds, and on a vehicle owned or operated by the district; |
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(B) disciplining students, including |
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disciplining students enrolled in a grade level below grade three |
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using behavior management techniques that comply with the minimum |
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standards established under Section 37.0182 as an alternative to |
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out-of-school suspension; and |
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(C) preventing and intervening in student |
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discipline problems, including bullying, harassment, and making |
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hit lists. |
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SECTION 4. Section 37.005, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A student enrolled in a grade level below grade three |
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may not be placed in out-of-school suspension for any reason other |
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than engaging in conduct for which the student may be expelled under |
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Section 37.007. |
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SECTION 5. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Sections 37.0182, 37.0183, and 37.023 to read as |
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follows: |
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Sec. 37.0182. APPROPRIATE BEHAVIOR MANAGEMENT TECHNIQUES |
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FOR CERTAIN STUDENTS. (a) The commissioner by rule shall |
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establish minimum standards for behavior management techniques |
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that may be used for a student enrolled in a grade level below grade |
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three as an alternative to placing the student in out-of-school |
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suspension under Section 37.005. The standards must require a |
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behavior management technique to be a positive behavior support |
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that is age appropriate and research based. |
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(b) The agency shall develop a database of positive behavior |
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support systems that satisfy the standards established under |
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Subsection (a) and make the database available to each school |
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district and open-enrollment charter school. |
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Sec. 37.0183. POSITIVE BEHAVIOR AND EARLY DETECTION AND |
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PREVENTION PROGRAMS FOR CERTAIN STUDENTS. (a) A school district |
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may develop and implement for students enrolled in a grade level |
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below grade three a positive behavior program that: |
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(1) is age appropriate and research based; |
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(2) models positive behaviors; |
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(3) promotes a positive school climate; |
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(4) uses only behavior management techniques that |
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comply with the minimum standards established under Section |
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37.0182; |
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(5) does not rely on the use of out-of-school |
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suspensions as a means of managing problematic behavior; and |
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(6) includes behavior management strategies such as |
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positive behavioral interventions and supports, trauma-informed |
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practices, social and emotional learning, referral services, and |
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restorative practices. |
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(b) A school district may develop and implement an early |
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detection and prevention program to address the needs of students |
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enrolled in a grade level below grade three who are experiencing |
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behavioral or disciplinary challenges. The program must be |
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designed to provide appropriate evaluations, services, and |
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supports to the student and the student's family. |
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(c) A program under Subsection (a) or (b) must include |
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methods for improving in-school suspension by incorporating |
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behavior management techniques that comply with the minimum |
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standards established under Section 37.0182. |
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(d) In developing a program under Subsection (a) or (b), a |
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school district may request assistance from a regional education |
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service center. |
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(e) Each school district that implements a program under |
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Subsection (a) or (b) shall: |
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(1) submit to the agency written procedures detailing |
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the implementation of the program, including procedures |
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identifying the role of the campus behavior coordinator in |
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implementing the program under Subsection (a); |
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(2) make the procedures under Subdivision (1) publicly |
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available; and |
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(3) train educators and other student support staff as |
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necessary to implement the program. |
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(f) The commissioner may adopt rules as necessary to |
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implement this section. |
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Sec. 37.023. SANCTIONS FOR CERTAIN VIOLATIONS. The |
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commissioner may sanction, in a manner determined appropriate by |
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the commissioner, a school district or open-enrollment charter |
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school that: |
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(1) permits a student enrolled in a grade level below |
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grade three to be placed in out-of-school suspension unless the |
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suspension is authorized by this subchapter; or |
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(2) fails to comply with a requirement under Section |
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37.0183. |
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SECTION 6. This Act applies beginning with the 2018-2019 |
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school year. |
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SECTION 7. Not later than September 1, 2018, each school |
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district and open-enrollment charter school shall submit to the |
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Texas Education Agency the procedures required under Section |
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37.0183, Education Code, as added by this Act. |
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SECTION 8. 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, 2017. |