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A BILL TO BE ENTITLED
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AN ACT
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relating to the discipline of students enrolled in certain grade |
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levels or receiving special education services in a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0013(a), Education Code, is amended |
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to read as follows: |
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(a) Each school district and open-enrollment charter school |
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may develop and implement a program, in consultation with campus |
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behavior coordinators employed by the district or school and |
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representatives of a regional education service center, that |
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provides a disciplinary alternative for a student enrolled in a |
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grade level below grade six or a student with a disability receiving |
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special education services under Subchapter A, Chapter 29, [three] |
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who engages in conduct described by Section 37.005(a) and is not |
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subject to Section 37.005(c). The program must: |
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(1) be age-appropriate and research-based; |
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(2) provide models for positive behavior; |
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(3) promote a positive school environment; |
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(4) provide alternative disciplinary courses of |
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action that do not rely on the use of in-school suspension, |
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out-of-school suspension, or placement in a disciplinary |
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alternative education program to manage student behavior; and |
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(5) provide behavior management strategies, |
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including: |
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(A) positive behavioral intervention and |
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support; |
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(B) trauma-informed practices; |
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(C) social and emotional learning; |
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(D) a referral for services, as necessary; and |
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(E) restorative practices. |
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SECTION 2. Section 37.005(c), Education Code, is amended to |
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read as follows: |
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(c) A student who is enrolled in a grade level below grade |
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six [three] may not be placed in out-of-school suspension unless |
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while on school property or while attending a school-sponsored or |
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school-related activity on or off of school property, the student |
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engages in: |
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(1) conduct that contains the elements of an offense |
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related to weapons under Section 46.02 or 46.05, Penal Code; |
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(2) conduct that contains the elements of a violent |
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offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; |
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or |
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(3) selling, giving, or delivering to another person |
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or possessing, using, or being under the influence of any amount of: |
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(A) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; |
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(B) a dangerous drug, as defined by Chapter 483, |
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Health and Safety Code; or |
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(C) an alcoholic beverage, as defined by Section |
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1.04, Alcoholic Beverage Code. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. 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. |