88R5835 MEW-F
 
  By: Perry S.B. No. 245
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to discipline management and access to telehealth mental
  health services in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12A.004(a), Education Code, is amended
  to read as follows:
         (a)  A local innovation plan may not provide for the
  exemption of a district designated as a district of innovation from
  the following provisions of this title:
               (1)  a state or federal requirement applicable to an
  open-enrollment charter school operating under Subchapter D,
  Chapter 12;
               (2)  Subchapters A, C, D, and E, Chapter 11, except that
  a district may be exempt from Sections 11.1511(b)(5) and (14) and
  Section 11.162;
               (3)  state curriculum and graduation requirements
  adopted under Chapter 28;
               (4)  Chapter 37; and
               (5) [(4)]  academic and financial accountability and
  sanctions under Chapters 39 and 39A.
         SECTION 2.  Section 37.002, Education Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsection (b-2)
  to read as follows:
         (b)  A teacher may remove from class a student:
               (1)  who has been documented by the teacher to
  [repeatedly] interfere with the teacher's ability to communicate
  effectively with the students in the class or with the ability of
  the student's classmates to learn; or
               (2)  whose behavior the teacher determines is [so]
  unruly, disruptive, or abusive and [that it seriously] interferes
  with the teacher's ability to communicate effectively with the
  students in the class or with the ability of the student's
  classmates to learn.
         (b-2)  A teacher may remove a student from class under
  Subsection (b) based on a single incident of behavior described by
  Subsection (b)(1) or (2).
         (c)  If a teacher removes a student from class under
  Subsection (b), the principal may place the student into another
  appropriate classroom, into in-school suspension, or into a
  disciplinary alternative education program as provided by Section
  37.008.  The principal may not return the student to that teacher's
  class without the teacher's consent unless the committee
  established under Section 37.003 determines that such placement is
  the best or only alternative available and a conference in which the
  teacher has been provided an opportunity to participate has been
  held in accordance with Section 37.009(a).  The terms of the removal
  may prohibit the student from attending or participating in
  school-sponsored or school-related activity.
         (d)  A teacher shall remove from class and send to the
  principal for placement in a disciplinary alternative education
  program or for expulsion, as appropriate, a student who engages in
  conduct described under Section 37.006 or 37.007.  The student may
  not be returned to that teacher's class without the teacher's
  consent unless the committee established under Section 37.003
  determines that such placement is the best or only alternative
  available and a conference in which the teacher has been provided an
  opportunity to participate has been held in accordance with Section
  37.009(a).  If the teacher removed the student from class because
  the student has engaged in prohibited conduct or the elements of any
  offense listed in Section 37.006(a)(2)(B), (a)(2)(G), (a)(2)(H),
  or (b), or Section 37.007(a)(1), (a)(2)(B)(i), [37.007(a)(2)(A)]
  or (a)(3) [(b)(2)(C)] against the teacher or another student in the
  teacher's class, the student may not be returned to the teacher's
  class without the teacher's consent.  The teacher may not be coerced
  to consent.
         SECTION 3.  Section 37.0021(f), Education Code, is amended
  to read as follows:
         (f)  For purposes of this subsection, "weapon" includes any
  weapon described under Section 37.007(a)(2)(A) [37.007(a)(1)].  
  This section does not prevent a student's locked, unattended
  confinement in an emergency situation while awaiting the arrival of
  law enforcement personnel if:
               (1)  the student possesses a weapon; and
               (2)  the confinement is necessary to prevent the
  student from causing bodily harm to the student or another person.
         SECTION 4.  Section 37.005(b), Education Code, is amended to
  read as follows:
         (b)  A suspension under this section may not exceed five
  [three] school days.
         SECTION 5.  Sections 37.006(a) and (b), Education Code, are
  amended to read as follows:
         (a)  A student shall be removed from class and placed in a
  disciplinary alternative education program as provided by Section
  37.008 if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of false alarm or report under
  Section 42.06, Penal Code[, or terroristic threat under Section
  22.07, Penal Code]; or
               (2)  commits the following on or within 300 feet of
  school property, as measured from any point on the school's real
  property boundary line, or while attending a school-sponsored or
  school-related activity on or off of school property:
                     (A)  engages in conduct punishable as a felony;
                     (B)  engages in conduct that contains the elements
  of the offense of assault under Section 22.01(a)(1), Penal Code;
                     (C)  sells, gives, or delivers to another person
  or possesses or uses or is under the influence of:
                           (i)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.; or
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code;
                     (D)  sells, gives, or delivers to another person
  an alcoholic beverage, as defined by Section 1.04, Alcoholic
  Beverage Code, commits a serious act or offense while under the
  influence of alcohol, or possesses, uses, or is under the influence
  of an alcoholic beverage;
                     (E)  engages in conduct that contains the elements
  of an offense relating to an abusable volatile chemical under
  Sections 485.031 through 485.034, Health and Safety Code;
                     (F)  engages in conduct that contains the elements
  of the offense of public lewdness under Section 21.07, Penal Code,
  or indecent exposure under Section 21.08, Penal Code; [or]
                     (G)  engages in conduct that contains the elements
  of the offense of disorderly conduct [harassment] under Section
  42.01 [42.07(a)(1), (2), (3), or (7)], Penal Code; or
                     (H)  engages in conduct described by Section
  37.002(b) and the student was previously removed from class at the
  same school under that subsection for similar behavior [, against
  an employee of the school district].
         (b)  Except as provided by Section 37.007(d), a student shall
  be removed from class and placed in a disciplinary alternative
  education program under Section 37.008 if the student engages in
  conduct on or off of school property against any school employee
  that contains the elements of the offense of:
               (1)  retaliation under Section 36.06, Penal Code; or
               (2)  harassment under Section 42.07(a)(1), (2), (3), or
  (7), Penal Code[, against any school employee].
         SECTION 6.  Sections 37.007(a), (b), (d), and (i), Education
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (k), a student shall be
  expelled from a school if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of terroristic threat under
  Section 22.07, Penal Code;
               (2)  while[,] on school property or while attending a
  school-sponsored or school-related activity on or off of school
  property:
                     (A) [(1)]  engages in conduct that contains the
  elements of the offense of unlawfully carrying weapons under
  Section 46.02, Penal Code, or elements of an offense relating to
  prohibited weapons under Section 46.05, Penal Code; or
                     (B) [(2)]  engages in conduct that contains the
  elements of the offense of:
                           (i) [(A)]  aggravated assault under Section
  22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
  or aggravated sexual assault under Section 22.021, Penal Code;
                           (ii) [(B)]  arson under Section 28.02, Penal
  Code;
                           (iii) [(C)]  murder under Section 19.02,
  Penal Code, capital murder under Section 19.03, Penal Code, or
  criminal attempt, under Section 15.01, Penal Code, to commit murder
  or capital murder;
                           iv [(D)]  indecency with a child under
  Section 21.11, Penal Code;
                           v [(E)]  aggravated kidnapping under
  Section 20.04, Penal Code;
                           vi [(F)]  aggravated robbery under Section
  29.03, Penal Code;
                           vii [(G)]  manslaughter under Section
  19.04, Penal Code;
                           viii [(H)]  criminally negligent homicide
  under Section 19.05, Penal Code; or
                           ix [(I)]  continuous sexual abuse of young
  child or disabled individual under Section 21.02, Penal Code; or
               (3)  while on or within 300 feet of school property, as
  measured from any point on the school's real property boundary
  line, or while attending a school-sponsored or school-related
  activity on or off of school property, engages in conduct that
  contains the elements of an offense under Section 22.01(a)(1),
  Penal Code, against a school district employee or a volunteer as
  defined by Section 22.053 of this code [engages in conduct
  specified by Section 37.006(a)(2)(C) or (D), if the conduct is
  punishable as a felony].
         (b)  A student may be expelled if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of false alarm or report under
  Section 42.06, Penal Code[, or terroristic threat under Section
  22.07, Penal Code];
               (2)  while on or within 300 feet of school property, as
  measured from any point on the school's real property boundary
  line, or while attending a school-sponsored or school-related
  activity on or off of school property:
                     (A)  sells, gives, or delivers to another person
  or possesses, uses, or is under the influence of any amount of:
                           (i)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code; or
                           (iii)  an alcoholic beverage, as defined by
  Section 1.04, Alcoholic Beverage Code;
                     (B)  engages in conduct that contains the elements
  of an offense relating to an abusable volatile chemical under
  Sections 485.031 through 485.034, Health and Safety Code; or
                     (C)  [engages in conduct that contains the
  elements of an offense under Section 22.01(a)(1), Penal Code,
  against a school district employee or a volunteer as defined by
  Section 22.053; or
                     [(D)]  engages in conduct that contains the
  elements of the offense of deadly conduct under Section 22.05,
  Penal Code;
               (3)  subject to Subsection (d), while within 300 feet
  of school property, as measured from any point on the school's real
  property boundary line:
                     (A)  engages in conduct specified by Subsection
  (a)(2) [(a)]; or
                     (B)  possesses a firearm, as defined by 18 U.S.C.
  Section 921;
               (4)  engages in conduct that contains the elements of
  any offense listed in Subsection (a)(2)(B)(i) [(a)(2)(A)] or (iii)
  [(C)] or the offense of aggravated robbery under Section 29.03,
  Penal Code, against another student, without regard to whether the
  conduct occurs on or off of school property or while attending a
  school-sponsored or school-related activity on or off of school
  property; or
               (5)  engages in conduct that contains the elements of
  the offense of breach of computer security under Section 33.02,
  Penal Code, if:
                     (A)  the conduct involves accessing a computer,
  computer network, or computer system owned by or operated on behalf
  of a school district; and
                     (B)  the student knowingly:
                           (i)  alters, damages, or deletes school
  district property or information; or
                           (ii)  commits a breach of any other
  computer, computer network, or computer system.
         (d)  A student shall be expelled if the student engages in
  conduct that contains the elements of any offense listed in
  Subsection (a)[, and may be expelled if the student engages in
  conduct that contains the elements of any offense listed in
  Subsection (b)(2)(C),] against any employee or volunteer in
  retaliation for or as a result of the person's employment or
  association with a school district, without regard to whether the
  conduct occurs on or off of school property or while attending a
  school-sponsored or school-related activity on or off of school
  property.
         (i)  A student who engages in conduct described by Subsection
  (a)(2) [(a)] may be expelled from school by the district in which
  the student attends school if the student engages in that conduct:
               (1)  on school property of another district in this
  state; or
               (2)  while attending a school-sponsored or
  school-related activity of a school in another district in this
  state.
         SECTION 7.  Section 37.0012, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (b-1) to
  read as follows:
         (a)  A single person at each campus must be designated to
  serve as the campus behavior coordinator.  The person designated
  may be the principal of the campus or any other campus administrator
  selected by the principal.
         (a-1)  Additional school staff members may assist the campus
  behavior coordinator in the performance of the campus behavior
  coordinator's duties, provided that the campus behavior
  coordinator personally verifies that all aspects of this subchapter
  are appropriately implemented.
         (b-1)  The campus behavior coordinator shall:
               (1)  monitor disciplinary referrals;
               (2)  report to the campus's threat assessment and safe
  and supportive school team established under Section 37.115 any
  student who engages in conduct that contains the elements of:
                     (A)  the offense of terroristic threat under
  Section 22.07, Penal Code;
                     (B)  the offense of unlawfully carrying weapons
  under Section 46.02, Penal Code; or
                     (C)  an offense relating to prohibited weapons
  under Section 46.05, Penal Code; and
               (3)  report to the campus's threat assessment and safe
  and supportive school team established under Section 37.115 and the
  iWatchTexas community reporting system operated by the Department
  of Public Safety any concerning student behaviors or behavioral
  trends that may pose a serious risk of violence to the student or
  others.
         SECTION 8.  Section 37.011(b), Education Code, is amended to
  read as follows:
         (b)  If a student admitted into the public schools of a
  school district under Section 25.001(b) is expelled from school for
  conduct for which expulsion is required under Section 37.007(a),
  (d), or (e), [or for conduct that contains the elements of the
  offense of terroristic threat as described by Section 22.07(c-1),
  (d), or (e), Penal Code,] the juvenile court, the juvenile board, or
  the juvenile board's designee, as appropriate, shall:
               (1)  if the student is placed on probation under
  Section 54.04, Family Code, order the student to attend the
  juvenile justice alternative education program in the county in
  which the student resides from the date of disposition as a
  condition of probation, unless the child is placed in a
  post-adjudication treatment facility;
               (2)  if the student is placed on deferred prosecution
  under Section 53.03, Family Code, by the court, prosecutor, or
  probation department, require the student to immediately attend the
  juvenile justice alternative education program in the county in
  which the student resides for a period not to exceed six months as a
  condition of the deferred prosecution;
               (3)  in determining the conditions of the deferred
  prosecution or court-ordered probation, consider the length of the
  school district's expulsion order for the student; and
               (4)  provide timely educational services to the student
  in the juvenile justice alternative education program in the county
  in which the student resides, regardless of the student's age or
  whether the juvenile court has jurisdiction over the student.
         SECTION 9.  Section 37.019, Education Code, is amended by
  amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  This subchapter does not prevent the principal or the
  principal's designee from ordering the immediate placement of a
  student in a disciplinary alternative education program if the
  principal or the principal's designee reasonably believes the
  student's behavior is [so] unruly, disruptive, or abusive and [that
  it seriously] interferes with a teacher's ability to communicate
  effectively with the students in a class, with the ability of the
  student's classmates to learn, or with the operation of school or a
  school-sponsored activity.
         (b-1)  The principal or principal's designee may order the
  emergency placement or expulsion of a student under this section
  based on a single incident of behavior by the student.
         SECTION 10.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.024 to read as follows:
         Sec. 37.024.  PENALTIES FOR IMPOSITION OF DISCIPLINARY
  MEASURES PROHIBITED. The agency may not withhold any state funding
  or impose a penalty on a school district based on the number of
  students in the district that have been removed from a classroom,
  placed into in-school or out-of-school suspension, placed in a
  disciplinary alternative education program or a juvenile justice
  alternative education program, or expelled.
         SECTION 11.  Section 37.115, Education Code, is amended by
  amending Subsection (d) and adding Subsection (h-1) to read as
  follows:
         (d)  The superintendent of the district shall ensure, to the
  greatest extent practicable, that the members appointed to each
  team have expertise in counseling, behavior management, mental
  health and substance use, classroom instruction, special
  education, school administration, school safety and security,
  emergency management, and law enforcement.  A team may serve more
  than one campus of a school district, provided that:
               (1)  each district campus is assigned a team; and
               (2)  in serving a particular campus, the team includes
  the person designated to serve as the campus behavior coordinator
  under Section 37.0012 for that campus.
         (h-1)  After informing the superintendent of a team's
  determination under Subsection (h), the team shall immediately
  submit a report on the team's determination through the iWatchTexas
  community reporting system operated by the Department of Public
  Safety.
         SECTION 12.  Subchapter F, Chapter 38, Education Code, is
  amended by adding Section 38.2545 to read as follows:
         Sec. 38.2545.  TEXAS CHILD HEALTH ACCESS THROUGH
  TELEMEDICINE.  (a)  In this section:
               (1)  "Consortium" means the Texas Child Mental Health
  Consortium established under Chapter 113, Health and Safety Code.
               (2)  "Texas Child Health Access through Telemedicine
  program" means the Texas Child Health Access through Telemedicine
  program operated by the consortium.
         (b)  If the consortium makes available mental health
  services to a school district through the Texas Child Health Access
  through Telemedicine program, the district shall offer to each
  student enrolled in the district access to those mental health
  services.
         (c)  A school district may not provide a mental health
  service to a student who is under 18 years of age unless the
  district obtains written consent from the parent or legal guardian
  of the student as required by Section 113.0152, Health and Safety
  Code.
         (d)  A school district may not require a student to
  participate in any service provided under Subsection (b).
         (e)  Before the beginning of each school year, the agency
  shall determine at which school districts the Texas Child Health
  Access through Telemedicine program is available and verify that
  each of those school districts is in compliance with Subsection
  (b).
         SECTION 13.  Section 12A.004(a), Education Code, as amended
  by this Act, applies only to a local innovation plan adopted or
  renewed on or after the effective date of this Act.  A local
  innovation plan adopted or renewed before the effective date of
  this Act is governed by the law in effect on the date the plan was
  adopted or renewed, and the former law is continued in effect for
  that purpose.
         SECTION 14.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 15.  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.