Amend CSSB 9 (senate committee report) in SECTION 16 of the bill amending Sections 37.002(b), (c), and (d), Education Code, as follows:
(1) Strike the recital to SECTION 16 of the bill (page 8, lines 36 and 37) and substitute the following:
SECTION 1. Section 37.002, Education Code, is amended by amending Subsections (b), (c), and (d) and adding Subsection (c-1) to read as follows:
(2) Strike amended Section 37.002(c), Education Code (page 8, lines 50 through 64), and substitute the following:
(c) If a teacher removes a student from class under Subsection (b), the principal or campus behavior coordinator may place the student in a school-based behavioral support setting, into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program as provided by Section 37.008. Before placing a student under this subsection, the principal or campus behavior coordinator must consider the appropriateness of placing the student in a school-based behavioral support setting designed to address a student's physical, mental, or behavioral health needs. The principal or campus behavior coordinator may not return the student to that teacher's class without the teacher's written consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available. The principal or campus behavior coordinator may not return the student to that teacher's class, regardless of the teacher's consent, until a return to class plan has been prepared for that student under Subsection (c-1). The terms of the removal may prohibit the student from attending or participating in school-sponsored or school-related activity.
(c-1) The principal or campus behavior coordinator shall designate an employee of the school whose primary duties do not include classroom instruction to develop a return to class plan for a student removed under Subsection (b). To the extent practicable, the employee shall develop the plan in collaboration with the student's parent or a person standing in parental relation to the student. The principal or campus behavior coordinator shall ensure that a plan is developed under this subsection and implemented not later than the third instructional day after the student's removal under Subsection (b).