Texas 2023 - 88th Regular

Texas House Bill HB2857

Filed
2/27/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the removal of a public school student from the classroom for engaging in conduct involving the possession of certain prohibited substances.

Impact

The bill's passage would significantly affect the framework governing student disciplinary actions across Texas schools. It addresses the growing concerns among educators and policymakers regarding the rising trend of student removals for minor drug offenses, often considered disproportionately punitive. By allowing for an approach that prioritizes intervention and support over punitive disciplinary measures, the bill may facilitate better outcomes for students facing substance use issues and reduce the number of students pushed out of the educational environment due to disciplinary actions.

Summary

House Bill 2857 seeks to amend the current procedures regarding the removal of public school students from classrooms in cases involving the possession of certain prohibited substances. Under existing law, students found with such substances face mandatory removal to a disciplinary alternative education program. HB2857 aims to introduce alternative responses, allowing schools to address substance-related incidents more flexibly without requiring immediate removal, particularly for minor infractions related to substances like vaping.

Sentiment

The discussions surrounding HB2857 reflected a generally supportive sentiment among education advocates and certain policymakers. Testimonies presented in favor of the bill highlighted the need for more compassionate and rehabilitative approaches to student discipline, aligning with contemporary views on student welfare and mental health. However, some concerns were raised about the potential implications for school safety and the adequacy of the proposed alternative responses in addressing substance-related issues among students.

Contention

Despite the overall positive reception, notable points of contention persist, particularly regarding the balance between maintaining school safety and providing necessary support to students. Critics argue that loosening the removal criteria might undermine efforts to enforce a safe learning environment. Advocates for the bill contend that such measures are essential for fostering a supportive educational setting that addresses not just the behavior, but the underlying issues prompting substance use among students.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 37. Discipline; Law And Order
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 116
    • Section: 1161
    • Section: 121
    • Section: 116
    • Section: 1161
  • Chapter 483. Dangerous Drugs
    • Section: New Section
    • Section: New Section

Alcoholic Beverage Code

  • Chapter 1. General Provisions
    • Section: New Section

Penal Code

  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: New Section
    • Section: New Section
  • Chapter 21. Sexual Offenses
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB4352

Relating to the removal of a public school student from the classroom for engaging in conduct involving the possession of certain prohibited substances.

TX HB4833

Relating to the removal of a public school student from the classroom for engaging in certain conduct and requiring a drug prevention and intervention program.

TX HB1604

Relating to the mandatory removal of public school students from classrooms following certain conduct.

TX HB726

Relating to the mandatory removal of public school students from classrooms following certain conduct.

TX SB2432

Relating to the removal of a public school student from the classroom following certain conduct.

TX SB2428

Relating to the removal of a public school student from the classroom for the possession or use of an e-cigarette.

TX HB1392

Relating to the mandatory removal of a public school student from the classroom following certain conduct.

TX SB1872

Relating to the expulsion of a public school student for engaging in conduct that constitutes certain offenses.

TX HB2278

Relating to the expulsion of public school students for engaging in conduct that constitutes serious offenses.

TX HB285

Relating to the expulsion of public school students for engaging in conduct that constitutes serious offenses.

Similar Bills

No similar bills found.