By: Farney H.B. No. 3810
A BILL TO BE ENTITLED
AN ACT
relating to public school alternative disciplinary settings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.020, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) In addition to the placements and expulsions under
Subsections (b) and (c), each district shall report all other
disciplinary actions resulting in a removal of a student from any
part of their regular academic program, including in-school
suspension, suspension, disciplinary alternative education
placement, expulsion, and juvenile justice alternative education
program placement. In addition to the information specified in
Subsection (b)(1) and (c)(1), for purposes of those subsections and
this subsection, information identifying the student shall include
ethnicity.
SECTION 2. Subchapter A, Chapter 37, Education Code, is
amended by adding Sections 37.0201 and 37.0202 to read as follows:
Sec. 37.0201. Disciplinary Action Data. (a) For the
purposes of this section, "discretionary disciplinary action"
includes:
(1) in-school suspension;
(2) suspension or placement in a disciplinary
education program that is not pursuant to Sections 37.006(a)-(c) or
(f), Section 37.007(e), or Section 37.304;
(3) expulsion or placement in a juvenile justice
alternative education program that is not pursuant to Section
37.007(a) or (e), Section 37.007(d) if the conduct contains
contains the elements of any offense listed in Section 37.007(a),
or Section 37.304.
(b) The agency shall evaluate information reported under
Section 37.020 to determine whether:
(1) a school district has taken a discretionary
disciplinary action against an excessive number of students;
(2) a school district has taken a discretionary
disciplinary action against a disproportionate number of students
with disabilities or students of a particular race or ethnicity; or
(3) the length of a school districts's discretionary
disciplinary action against one or more students is for an
excessive number of days.
(c) If the agency finds that Subsection (b) applies to a
district, the commissioner may take any of the following actions:
(1) order a hearing conducted by the board of trustees
of the district for the purposes of notifying the public of the
excessive number of discretionary disciplinary actions, the
disproportionate number of discretionary disciplinary actions
against students with disabilities or students of a particular race
or ethnicity, or the excessive length of discretionary disciplinary
actions; or
(2) order the district to include in its district
improvement plan under Section 11.252 strategies to reduce the
number of discretionary disciplinary actions, the number of
discretionary disciplinary actions against students with
disabilities or students of a particular race or ethnicity, or the
length of discretionary disciplinary actions.
(d) For the purposes of this section, an in-school
suspension placement that is for a period of three school days or
less may not be considered a discretionary disciplinary action that
is excessive in length.
(e) This section does not apply to a placement in a
disciplinary alternative education program or juvenile justice
alternative education program that is ordered by a court
independently of any action taken by a school district.
(f) The commissioner may adopt rules for the implementation
of this section as necessary.
Sec. 37.0202. In-school Suspension Educational Standards.
The agency shall adopt minimum educational standards for in-school
suspension settings, including standards relating to:
(1) the qualifications of personnel providing
education services to students assigned to in-school suspension;
(2) training for personnel providing education
services to students in-school suspension;
(3) the ratio of students in in-school suspension to
teachers or teacher aides providing education services to those
students; and
(4) keeping students in in-school suspension current
on all coursework during placements of 10 school days or less and
complying with Section 37.021.
(b) In the manner required by the commissioner, each school
district shall annually report to the commissioner information
relating to the educational quality of the district's in-school
suspension settings. The data collected shall include the
qualifications of teachers or teacher aides assigned to in-school
suspension, the ratio of students to teachers or teacher aides, and
information regarding the district's compliance with Section
37.021.
SECTION 3. Section 12.131, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) An open-enrollment charter school may not elect to
suspend a student for a period of time that exceeds the maximum
period allowed under Section 37.005(b).
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, 2013.