|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a public school classroom safety review and referral |
|
program for students who engage in violent criminal conduct; |
|
creating a criminal offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter C, Chapter 37, Education Code, is |
|
amended by adding Section 37.088 to read as follows: |
|
Sec. 37.088. CLASSROOM SAFETY REVIEW AND REFERRAL PROGRAM. |
|
(a) If, after an investigation is completed, the principal of a |
|
public primary or secondary school has reasonable grounds to |
|
believe that a student engaged in violent criminal conduct, |
|
including assaultive conduct, the principal shall: |
|
(1) refer the student to the classroom safety review |
|
committee established under Subsection (b); or |
|
(2) make a report to any school district police |
|
department, if applicable, or the police department of the |
|
municipality in which the school is located or, if the school is not |
|
in a municipality, the sheriff of the county in which the school is |
|
located. |
|
(b) Before the beginning of each school year, a public |
|
primary or secondary school shall establish a classroom safety |
|
review committee that consists of five classroom teachers who are |
|
selected from all classroom teachers employed by the school through |
|
a nomination and election process, as determined by the school. |
|
(c) If a student is referred to the classroom safety review |
|
committee under Subsection (a)(1), the committee shall review all |
|
electronic, written, and verbal evidence or testimony or video |
|
provided to the committee and interview any eyewitnesses. After |
|
review, the committee shall, by majority vote, refer the student |
|
to: |
|
(1) a person designated by the school as the juvenile |
|
diversion administrator under Subsection (d); or |
|
(2) the classroom safety referral board established |
|
under Subsection (e). |
|
(d) A public primary or secondary school shall designate a |
|
person as the juvenile diversion administrator for the school. If |
|
the classroom safety review committee refers a student to the |
|
juvenile diversion administrator under Subsection (c)(1), the |
|
juvenile diversion administrator shall: |
|
(1) require the student to perform a certain number of |
|
hours of community service; |
|
(2) require the student to participate in tutoring; or |
|
(3) make a determination that the student is not |
|
required to take any additional actions. |
|
(e) A public primary or secondary school shall establish a |
|
classroom safety referral board that consists of: |
|
(1) two teachers who serve on the classroom safety |
|
review committee; |
|
(2) an assistant district attorney of the county in |
|
which the school is located; |
|
(3) an investigator from the sheriff's office in the |
|
county in which the school is located; and |
|
(4) a parent of a student enrolled at the school |
|
selected by the board of trustees of the school district. |
|
(f) If the classroom safety review committee refers a |
|
student to the classroom safety referral board, the board shall |
|
review all electronic, written, and verbal evidence or testimony or |
|
video provided to the board and may hear new testimony from the |
|
student or an eyewitness of the conduct. After review, the board, by |
|
majority vote, shall: |
|
(1) report the student's conduct to the local law |
|
enforcement agency; or |
|
(2) refer the student to the juvenile diversion |
|
administrator under Subsection (d). |
|
(g) Materials and information provided to or produced by the |
|
classroom safety review committee or the classroom safety referral |
|
board during a student review under this section must be maintained |
|
in the student's school record until the student's 24th birthday. |
|
(h) A person commits an offense if the person destroys |
|
material or information described by Subsection (g) before the |
|
period of maintenance required under that subsection has expired. |
|
An offense under this subsection is a Class A misdemeanor. |
|
(i) If an educator commits an offense under Subsection (h), |
|
the educator may be subject to termination or suspension of the |
|
educator's contract. |
|
(j) Any testimony provided by an educator to the classroom |
|
safety review committee or the classroom safety referral board |
|
under this section is confidential and may not be disclosed to any |
|
other person. |
|
SECTION 2. This Act applies beginning with the 2023-2024 |
|
school year. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2023. |