Texas 2013 - 83rd Regular

Texas Senate Bill SB1115 Compare Versions

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1	1	By: Whitmire S.B. No. 1115
2	2	(In the Senate - Filed March 5, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Education; April 2, 2013,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 9, Nays 0; April 2, 2013, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1115 By: Taylor
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to reporting, standards, restrictions, and requirements
12	12	regarding public school disciplinary actions.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 12.131, Education Code, is amended by
15	15	adding Subsection (b-1) to read as follows:
16	16	(b-1) An open-enrollment charter school may not elect to
17	17	suspend a student for a number of school days that exceeds the
18	18	maximum number of school days allowed under Section 37.005(b).
19	19	SECTION 2. The heading to Section 37.020, Education Code,
20	20	is amended to read as follows:
21	21	Sec. 37.020. REPORTS RELATING TO [EXPULSIONS AND]
22	22	DISCIPLINARY ACTIONS [ALTERNATIVE EDUCATION PROGRAM PLACEMENTS].
23	23	SECTION 3. Section 37.020, Education Code, is amended by
24	24	amending Subsections (b) and (c) and adding Subsection (d) to read
25	25	as follows:
26	26	(b) For each placement in a disciplinary alternative
27	27	education program established under Section 37.008, the district
28	28	shall report:
29	29	(1) information identifying the student, including
30	30	the student's race or ethnicity, sex, and date of birth, and, if
31	31	applicable, the student's designation as a student with
32	32	disabilities, that will enable the agency to compare placement data
33	33	with information collected through other reports;
34	34	(2) information indicating whether the placement was
35	35	based on:
36	36	(A) conduct violating the student code of conduct
37	37	adopted under Section 37.001;
38	38	(B) conduct for which a student may be removed
39	39	from class under Section 37.002(b);
40	40	(C) conduct for which placement in a disciplinary
41	41	alternative education program is required by Section 37.006; or
42	42	(D) conduct occurring while a student was
43	43	enrolled in another district and for which placement in a
44	44	disciplinary alternative education program is permitted by Section
45	45	37.008(j);
46	46	(3) the number of full or partial days the student was
47	47	assigned to the program and the number of full or partial days the
48	48	student attended the program; and
49	49	(4) the number of placements that were inconsistent
50	50	with the guidelines included in the student code of conduct under
51	51	Section 37.001(a)(5).
52	52	(c) For each expulsion under Section 37.007, the district
53	53	shall report:
54	54	(1) information identifying the student, including
55	55	the student's race or ethnicity, sex, and date of birth, and, if
56	56	applicable, the student's designation as a student with
57	57	disabilities, that will enable the agency to compare placement data
58	58	with information collected through other reports;
59	59	(2) information indicating whether the expulsion was
60	60	based on:
61	61	(A) conduct for which expulsion is required under
62	62	Section 37.007, including information specifically indicating
63	63	whether a student was expelled on the basis of Section 37.007(e); or
64	64	(B) conduct for which expulsion is permitted
65	65	under Section 37.007;
66	66	(3) the number of full or partial days the student was
67	67	expelled;
68	68	(4) information indicating whether:
69	69	(A) the student was placed in a juvenile justice
70	70	alternative education program under Section 37.011;
71	71	(B) the student was placed in a disciplinary
72	72	alternative education program; or
73	73	(C) the student was not placed in a juvenile
74	74	justice or other disciplinary alternative education program; and
75	75	(5) the number of expulsions that were inconsistent
76	76	with the guidelines included in the student code of conduct under
77	77	Section 37.001(a)(5).
78	78	(d) Each district shall report all other disciplinary
79	79	actions resulting in a removal of a student from any part of the
80	80	student's regular academic program, including suspension and
81	81	in-school suspension. For each disciplinary action, the district
82	82	shall report:
83	83	(1) information identifying the student, including
84	84	the student's race or ethnicity, sex, and date of birth, and, if
85	85	applicable, the student's designation as a student with
86	86	disabilities, that will enable the agency to compare placement data
87	87	with information collected through other reports;
88	88	(2) information indicating the type of disciplinary
89	89	action;
90	90	(3) information indicating the basis of the
91	91	disciplinary action; and
92	92	(4) the number of full or partial days the student was
93	93	the subject of disciplinary action.
94	94	SECTION 4. Subchapter A, Chapter 37, Education Code, is
95	95	amended by adding Sections 37.0201 and 37.0202 to read as follows:
96	96	Sec. 37.0201. DISCIPLINARY ACTION DATA. (a) For purposes
97	97	of this section, "discretionary disciplinary action" includes:
98	98	(1) in-school suspension;
99	99	(2) suspension or placement in a disciplinary
100	100	education program, other than placement in a disciplinary education
101	101	program in accordance with Section 37.006(a), (b), (c), or (f),
102	102	Section 37.007(e), or Section 37.304; and
103	103	(3) expulsion or placement in a juvenile justice
104	104	alternative education program, other than expulsion or placement in
105	105	a juvenile justice alternative education program for conduct
106	106	described by Section 37.007(a) or (e), in accordance with Section
107	107	37.007(d) if the conduct contains the elements of any offense
108	108	listed in Section 37.007(a), or in accordance with Section 37.304.
109	109	(b) The agency shall evaluate information reported under
110	110	Section 37.020 to determine whether:
111	111	(1) a school district has taken a discretionary
112	112	disciplinary action against an excessive number of students;
113	113	(2) a district has taken a discretionary disciplinary
114	114	action against a disproportionate number of students with
115	115	disabilities or students of a particular race or ethnicity; or
116	116	(3) the length of a discretionary disciplinary action
117	117	imposed on one or more students by a district is for an excessive
118	118	number of days.
119	119	(c) If the agency makes an affirmative finding under
120	120	Subsection (b)(1), (2), or (3), the commissioner may take any of the
121	121	following actions:
122	122	(1) order a hearing conducted by the board of trustees
123	123	of the district for the purpose of informing the public of, as
124	124	applicable, the excessive number of discretionary disciplinary
125	125	actions taken, the disproportionate number of discretionary
126	126	disciplinary actions taken against students with disabilities or
127	127	students of a particular race or ethnicity, or the excessive length
128	128	of discretionary disciplinary actions imposed; or
129	129	(2) order the district to include in the district
130	130	improvement plan under Section 11.252 strategies to reduce, as
131	131	applicable, the total number of discretionary disciplinary
132	132	actions, the number of discretionary disciplinary actions taken
133	133	against students with disabilities or students of a particular race
134	134	or ethnicity, or the length of discretionary disciplinary actions
135	135	imposed.
136	136	(d) For purposes of this section, an in-school suspension
137	137	placement that is for a period of three school days or less may not
138	138	be considered a discretionary disciplinary action that is excessive
139	139	in length.
140	140	(e) This section does not apply to a placement in a
141	141	disciplinary alternative education program or juvenile justice
142	142	alternative education program that is ordered by a court
143	143	independently of any action taken by a school district.
144	144	(f) The commissioner may adopt rules as necessary to
145	145	implement this section.
146	146	Sec. 37.0202. IN-SCHOOL SUSPENSION EDUCATIONAL STANDARDS.
147	147	(a) The agency shall adopt minimum educational standards for
148	148	in-school suspension settings, including standards relating to:
149	149	(1) qualifications of personnel providing education
150	150	services to students assigned to in-school suspension;
151	151	(2) training for personnel providing education
152	152	services to students assigned to in-school suspension;
153	153	(3) the ratio of students in in-school suspension to
154	154	teachers or educational aides providing education services to
155	155	students assigned to in-school suspension;
156	156	(4) providing opportunities for students in in-school
157	157	suspension to keep current on all coursework during placements of
158	158	10 school days or less; and
159	159	(5) complying with Section 37.021.
160	160	(b) In the manner required by the commissioner, each school
161	161	district shall annually report to the commissioner information
162	162	relating to the educational quality of the district's in-school
163	163	suspension settings. The data collected shall include the
164	164	qualifications and training of teachers or educational aides
165	165	assigned to in-school suspension, the ratio of students to teachers
166	166	or educational aides, and information regarding providing
167	167	opportunities for students to keep current on coursework and the
168	168	district's compliance with Section 37.021.
169	169	SECTION 5. Subchapter A, Chapter 37, Education Code, is
170	170	amended by adding Section 37.0092 to read as follows:
171	171	Sec. 37.0092. DISCIPLINARY ACTION PLAN. (a) If a school
172	172	district has twice previously taken a discretionary disciplinary
173	173	action against a student as described by Section 37.0201, other
174	174	than in-school suspension, an evaluation of the student's conduct
175	175	must be conducted and a disciplinary action plan must be prepared
176	176	before the district may take a third discretionary disciplinary
177	177	action, other than in-school suspension, against the student.
178	178	(b) The principal or other appropriate administrator and
179	179	school counselor, in consultation with the parent or guardian of
180	180	the student, shall conduct the evaluation required under this
181	181	section using common sense, considering:
182	182	(1) each factor under Section 37.001(a)(4);
183	183	(2) whether the student's conduct was egregious;
184	184	(3) the student's past conduct;
185	185	(4) whether the student's conduct interferes with a
186	186	teacher's ability to communicate effectively with the students in
187	187	the class or with the ability of the student's classmates to learn;
188	188	(5) whether the student is a threat to the safety of
189	189	other students or to district employees;
190	190	(6) the severity of the punishment; and
191	191	(7) available opportunities for increased parental
192	192	involvement, including conferences and suggestions for addressing
193	193	the student's conduct at home.
194	194	(c) The principal, or other appropriate administrator, and
195	195	school counselor, in consultation with the parent or guardian of
196	196	the student, shall develop a disciplinary action plan that best
197	197	meets the needs of the student, considering the factors described
198	198	by Subsection (b). The disciplinary action plan must address
199	199	appropriate behavioral interventions, address any appropriate
200	200	alternative forms of instruction, and include an individual
201	201	graduation plan for the student.
202	202	(d) A written copy of the evaluation and disciplinary action
203	203	plan, including the individual graduation plan, required under this
204	204	section must be placed in the student's educational records and be
205	205	provided to the student's parent or guardian.
206	206	(e) A parent or any other person may file a complaint with
207	207	the superintendent alleging that a school district did not comply
208	208	with the requirements of this section before taking a discretionary
209	209	disciplinary action, other than in-school suspension, against a
210	210	specific student. If the parent or other person is not satisfied
211	211	with the superintendent's resolution of the complaint, the parent
212	212	or other person may appeal to the school district board of trustees.
213	213	The determination of the board of trustees is final and may not be
214	214	appealed.
215	215	SECTION 6. This Act applies beginning with the 2013-2014
216	216	school year.
217	217	SECTION 7. This Act takes effect immediately if it receives
218	218	a vote of two-thirds of all the members elected to each house, as
219	219	provided by Section 39, Article III, Texas Constitution. If this
220	220	Act does not receive the vote necessary for immediate effect, this
221	221	Act takes effect September 1, 2013.
222	222	* * * * *