| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the discipline of certain public school students. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 37.005(a), (b), (c), and (d), Education |
|
|
Code, are amended to read as follows: |
|
|
(a) The principal or other appropriate administrator may |
|
|
suspend a student who engages in conduct identified in the student |
|
|
code of conduct adopted under Section 37.001 as conduct for which a |
|
|
student may be subject to an in-school or out-of-school suspension |
|
|
[suspended]. |
|
|
(b) An out-of-school [A] suspension under this section may |
|
|
not exceed three school days. An in-school suspension under this |
|
|
section is not subject to any time limit. |
|
|
(c) A student who is enrolled in a grade level below grade |
|
|
three may not be placed in out-of-school suspension unless while on |
|
|
school property or while attending a school-sponsored or |
|
|
school-related activity on or off of school property, the student |
|
|
engages in: |
|
|
(1) conduct that contains the elements of an offense |
|
|
related to weapons under Section 46.02 or 46.05, Penal Code; |
|
|
(2) conduct that threatens the immediate health and |
|
|
safety of other students in the classroom; |
|
|
(3) conduct that results in repeated or significant |
|
|
disruption to the classroom [contains the elements of a violent |
|
|
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code]; |
|
|
or |
|
|
(4) [(3)] selling, giving, or delivering to another |
|
|
person or possessing, using, or being under the influence of any |
|
|
amount of: |
|
|
(A) marihuana or a controlled substance, as |
|
|
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
|
|
Section 801 et seq.; |
|
|
(B) a dangerous drug, as defined by Chapter 483, |
|
|
Health and Safety Code; or |
|
|
(C) an alcoholic beverage, as defined by Section |
|
|
1.04, Alcoholic Beverage Code. |
|
|
(d) A school district or open-enrollment charter school may |
|
|
not place a student who is homeless in out-of-school suspension |
|
|
unless the student engages in conduct described by Subsections |
|
|
(c)(1)-(4) [(c)(1)-(3)] while on school property or while attending |
|
|
a school-sponsored or school-related activity on or off of school |
|
|
property. The campus behavior coordinator may coordinate with the |
|
|
school district's homeless education liaison to identify |
|
|
appropriate alternatives to out-of-school suspension for a student |
|
|
who is homeless. In this subsection, "student who is homeless" has |
|
|
the meaning assigned to the term "homeless children and youths" |
|
|
under 42 U.S.C. Section 11434a. |
|
|
SECTION 2. Section 37.001(b-1), Education Code, is |
|
|
repealed. |
|
|
SECTION 3. Section 37.005, Education Code, as amended by |
|
|
this Act, applies beginning with the 2025-2026 school year. |
|
|
SECTION 4. 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, 2025. |