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A BILL TO BE ENTITLED
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AN ACT
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relating to a psychological assessment of homicidal risk of a |
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public school student following the student's expulsion or |
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placement in a disciplinary alternative education program for |
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certain conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.025 to read as follows: |
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Sec. 37.025. PSYCHOLOGICAL ASSESSMENT OF HOMICIDAL RISK |
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REQUIRED FOR CERTAIN STUDENTS TO RETURN TO REGULAR CLASSROOM OR |
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CAMPUS. (a) This section applies to a student who was expelled or |
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placed in a disciplinary alternative education program for: |
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(1) engaging in conduct that contains the elements of |
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the offense of unlawfully carrying weapons under Section 46.02, |
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Penal Code, or an offense relating to prohibited weapons under |
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Section 46.05, Penal Code; or |
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(2) engaging in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code. |
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(b) Not later than the seventh day before the proposed date |
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of the transition of a student described by Subsection (a) to a |
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regular classroom or campus, the school district shall require the |
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student to undergo a psychological assessment of homicidal risk. |
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The assessment must be conducted by a psychologist, and the results |
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of the assessment must be provided to the district. |
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(c) Not later than the third day after the date on which a |
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school district receives the results of a student's psychological |
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assessment of homicidal risk under Subsection (b), the campus |
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behavior coordinator or other appropriate administrator at the |
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student's assigned campus shall schedule a conference among the |
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campus behavior coordinator or other appropriate administrator, |
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the student, the student's parent or person standing in parental |
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relation to the student, and the psychologist who conducted the |
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assessment. At the conference, the student is entitled to a written |
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copy of the results of the student's assessment and an opportunity |
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to respond to those results. The student may not be returned to a |
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regular classroom or campus pending the conference. |
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(d) Following a conference under Subsection (c), the campus |
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behavior coordinator or other appropriate administrator shall |
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determine whether, based on the results of the student's assessment |
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and information provided at the conference, the student's presence |
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in a regular classroom or at a regular campus would pose a risk |
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because the student's presence would: |
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(1) threaten the safety of other students or district |
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employees; or |
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(2) be detrimental to the educational process. |
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(e) If the campus behavior coordinator or other appropriate |
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administrator makes a determination that a student's presence in a |
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regular classroom or at a regular campus would pose a risk under |
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Subsection (d), the student may not be returned to a regular |
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classroom or campus. |
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(f) If school district policy allows a student to appeal to |
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the board of trustees or the board's designee a determination of the |
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campus behavior coordinator or other appropriate administrator |
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under Subsection (d), the decision of the board or the board's |
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designee is final and may not be appealed. |
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(g) Not later than the 45th day after the date a campus |
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behavior coordinator or other appropriate administrator makes a |
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determination described by Subsection (e) regarding a student, the |
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school district in which the student resides shall require the |
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student to undergo another psychological assessment of homicidal |
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risk in accordance with this section. |
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(h) A psychological assessment of homicidal risk conducted |
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under this section shall be provided to a student at no cost to the |
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student or the student's parent or person standing in parental |
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relation to the student. |
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(i) The commissioner shall adopt rules necessary to |
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implement this section. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. 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, 2023. |