Amend CSHB 6 (house committee report) as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 29.041(3), Education Code, is amended to read as follows:
(3) "Supplemental special education services" means an additive service that provides an educational benefit to a student receiving special education services under Subchapter A, including:
(A) occupational therapy, physical therapy, and speech therapy; [and]
(B) private tutoring and other supplemental private instruction or programs; and
(C) crisis prevention and intervention training for the student's parent or person standing in parental relation to the student.
SECTION ____. Section 37.001(b-1), Education Code, is amended to read as follows:
(b-1) The methods adopted under Subsection (a)(8) must provide that a student who is enrolled in a special education program under Subchapter A, Chapter 29, may not be disciplined in a manner that results in a change in the student's educational setting for conduct prohibited in accordance with Subsection (a)(7) until an admission, review, and dismissal committee meeting has been held to review the conduct.
SECTION ____. Subchapter A, Chapter 37, is amended by adding Section 37.024 to read as follows:
Section 37.024. ANNUAL REPORT REGARDING EXPULSIONS, SUSPENSIONS, AND REMOVALS TO DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS. Not later than September 1, each school district and open-enrollment charter school shall prepare and submit to the agency an annual report regarding each expulsion, suspension, or removal of a student to a disciplinary alternative education program that occurred during the preceding school year, disaggregated by:
(1) the type of removal;
(2) the student's race;
(3) the student's gender; and
(4) the student's grade.
SECTION ____. Section 37.055, Education Code, is amended by amending Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to read as follows:
(a) On admitting a student to a school-community guidance center, placing a student in a disciplinary alternative education program, or expelling a student, a representative of the school district, the student, and the student's parent shall develop an agreement that specifies the responsibilities of the parent and the student. The agreement must include:
(1) a statement of the student's behavioral and learning objectives;
(2) a requirement that the parent attend specified meetings and conferences for teacher review of the student's progress; and
(3) the parent's acknowledgement that the parent understands and accepts the responsibilities imposed by the agreement regarding attendance at meetings and conferences and assistance in meeting other objectives, defined by the district, to aid student remediation.
(a-1) The school district shall provide to the student's parent written notice of the meeting at which the agreement described by Subsection (a) will be developed and encourage the student's parent to attend the meeting. The district shall ensure the student's parent may attend the meeting in person or by telephone or video conference.
(a-2) If the student and the student's parent participate in the development and completion of the agreement described by Subsection (a), the school district shall review and may reduce the length of any discipline to be imposed on the student.
(b) The superintendent of the school district may obtain a court order from a district, county, or justice court in whose jurisdiction all or any part of the school district is located requiring a parent to fully, reasonably, and timely participate in the development of [comply with] an agreement [made] under this section and to comply with the agreement if the parent receives notice of a meeting to develop the agreement under Subsection (a-1) and fails to attend the meeting on two separate occasions. A parent who violates a court order issued under this subsection may be punished for contempt of court or by other appropriate judicial remedy.
(2) On page 4, lines 20 and 21, strike "Subsection (c-1)" and substitute "Subsections (c-1) and (c-2)".
(3) On page 6, line 12, strike "seriously".
(4) On page 6, between lines 14 and 15, insert the following:
(c-2) On receiving a written request from the student's parent or person standing in parental relation to the student, the campus administrator or district designee may at the administrator's or designee's sole discretion reassign a student placed in out-of-school suspension under Subsection (c) to an in-school suspension for a period, notwithstanding Subsection (b), not to exceed 15 school days if the student's parent or person standing in parental relation to the student demonstrates through supporting information and documentation that the parent or person is unable to provide suitable supervision for the student during school hours during the period of the suspension. The alternative placement provided by this section may be used only in extenuating circumstances and may not be used as a routine replacement for out-of-school suspension. The school district shall maintain documentation of each reassignment under this subsection, including the parent's or person's request, the reason for the parent's or person's unavailability, and the supporting information and documentation.
(5) On page 14, line 20, between "program" and the underlined period, insert "and rules requiring school districts to provide basic professional development training for teachers providing instruction in a virtual disciplinary alternative education program".
(6) On page 17, line 19, strike "and".
(7) On page 17, strike line 23 and substitute the following:
another person; and
(3) the district provided notice to the student's parent or person standing in parental relation to the student of:
(A) the results of the threat assessment conducted with respect to the student under Section 37.115; and
(B) the filing of a civil action under Subsection (b).
(8) On page 18, between lines 14 and 15, insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:
(____) Before the expiration of an order issued under Subsection (d) for a student enrolled in the school district's special education program under Subchapter A, Chapter 29, the school district shall request from the student's parent or person standing in parental relation to the student consent for a qualified professional to conduct a functional behavioral assessment of the student.
(9) On page 19, lines 5 and 6, strike "Sections 37.001(b-1) and 37.007(i), Education Code, are" and substitute "Section 37.007(i), Education Code, is".