By: Whitmire S.B. No. 1115
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Education; April 2, 2013,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 9, Nays 0; April 2, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1115 By: Taylor
A BILL TO BE ENTITLED
AN ACT
relating to reporting, standards, restrictions, and requirements
regarding public school disciplinary actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.131, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) An open-enrollment charter school may not elect to
suspend a student for a number of school days that exceeds the
maximum number of school days allowed under Section 37.005(b).
SECTION 2. The heading to Section 37.020, Education Code,
is amended to read as follows:
Sec. 37.020. REPORTS RELATING TO [EXPULSIONS AND]
DISCIPLINARY ACTIONS [ALTERNATIVE EDUCATION PROGRAM PLACEMENTS].
SECTION 3. Section 37.020, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
(b) For each placement in a disciplinary alternative
education program established under Section 37.008, the district
shall report:
(1) information identifying the student, including
the student's race or ethnicity, sex, and date of birth, and, if
applicable, the student's designation as a student with
disabilities, that will enable the agency to compare placement data
with information collected through other reports;
(2) information indicating whether the placement was
based on:
(A) conduct violating the student code of conduct
adopted under Section 37.001;
(B) conduct for which a student may be removed
from class under Section 37.002(b);
(C) conduct for which placement in a disciplinary
alternative education program is required by Section 37.006; or
(D) conduct occurring while a student was
enrolled in another district and for which placement in a
disciplinary alternative education program is permitted by Section
37.008(j);
(3) the number of full or partial days the student was
assigned to the program and the number of full or partial days the
student attended the program; and
(4) the number of placements that were inconsistent
with the guidelines included in the student code of conduct under
Section 37.001(a)(5).
(c) For each expulsion under Section 37.007, the district
shall report:
(1) information identifying the student, including
the student's race or ethnicity, sex, and date of birth, and, if
applicable, the student's designation as a student with
disabilities, that will enable the agency to compare placement data
with information collected through other reports;
(2) information indicating whether the expulsion was
based on:
(A) conduct for which expulsion is required under
Section 37.007, including information specifically indicating
whether a student was expelled on the basis of Section 37.007(e); or
(B) conduct for which expulsion is permitted
under Section 37.007;
(3) the number of full or partial days the student was
expelled;
(4) information indicating whether:
(A) the student was placed in a juvenile justice
alternative education program under Section 37.011;
(B) the student was placed in a disciplinary
alternative education program; or
(C) the student was not placed in a juvenile
justice or other disciplinary alternative education program; and
(5) the number of expulsions that were inconsistent
with the guidelines included in the student code of conduct under
Section 37.001(a)(5).
(d) Each district shall report all other disciplinary
actions resulting in a removal of a student from any part of the
student's regular academic program, including suspension and
in-school suspension. For each disciplinary action, the district
shall report:
(1) information identifying the student, including
the student's race or ethnicity, sex, and date of birth, and, if
applicable, the student's designation as a student with
disabilities, that will enable the agency to compare placement data
with information collected through other reports;
(2) information indicating the type of disciplinary
action;
(3) information indicating the basis of the
disciplinary action; and
(4) the number of full or partial days the student was
the subject of disciplinary action.
SECTION 4. 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 purposes
of this section, "discretionary disciplinary action" includes:
(1) in-school suspension;
(2) suspension or placement in a disciplinary
education program, other than placement in a disciplinary education
program in accordance with Section 37.006(a), (b), (c), or (f),
Section 37.007(e), or Section 37.304; and
(3) expulsion or placement in a juvenile justice
alternative education program, other than expulsion or placement in
a juvenile justice alternative education program for conduct
described by Section 37.007(a) or (e), in accordance with Section
37.007(d) if the conduct contains the elements of any offense
listed in Section 37.007(a), or in accordance with 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 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 discretionary disciplinary action
imposed on one or more students by a district is for an excessive
number of days.
(c) If the agency makes an affirmative finding under
Subsection (b)(1), (2), or (3), the commissioner may take any of the
following actions:
(1) order a hearing conducted by the board of trustees
of the district for the purpose of informing the public of, as
applicable, the excessive number of discretionary disciplinary
actions taken, the disproportionate number of discretionary
disciplinary actions taken against students with disabilities or
students of a particular race or ethnicity, or the excessive length
of discretionary disciplinary actions imposed; or
(2) order the district to include in the district
improvement plan under Section 11.252 strategies to reduce, as
applicable, the total number of discretionary disciplinary
actions, the number of discretionary disciplinary actions taken
against students with disabilities or students of a particular race
or ethnicity, or the length of discretionary disciplinary actions
imposed.
(d) For 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 as necessary to
implement this section.
Sec. 37.0202. IN-SCHOOL SUSPENSION EDUCATIONAL STANDARDS.
(a) The agency shall adopt minimum educational standards for
in-school suspension settings, including standards relating to:
(1) qualifications of personnel providing education
services to students assigned to in-school suspension;
(2) training for personnel providing education
services to students assigned to in-school suspension;
(3) the ratio of students in in-school suspension to
teachers or educational aides providing education services to
students assigned to in-school suspension;
(4) providing opportunities for students in in-school
suspension to keep current on all coursework during placements of
10 school days or less; and
(5) 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 and training of teachers or educational aides
assigned to in-school suspension, the ratio of students to teachers
or educational aides, and information regarding providing
opportunities for students to keep current on coursework and the
district's compliance with Section 37.021.
SECTION 5. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0092 to read as follows:
Sec. 37.0092. DISCIPLINARY ACTION PLAN. (a) If a school
district has twice previously taken a discretionary disciplinary
action against a student as described by Section 37.0201, other
than in-school suspension, an evaluation of the student's conduct
must be conducted and a disciplinary action plan must be prepared
before the district may take a third discretionary disciplinary
action, other than in-school suspension, against the student.
(b) The principal or other appropriate administrator and
school counselor, in consultation with the parent or guardian of
the student, shall conduct the evaluation required under this
section using common sense, considering:
(1) each factor under Section 37.001(a)(4);
(2) whether the student's conduct was egregious;
(3) the student's past conduct;
(4) whether the student's conduct interferes with a
teacher's ability to communicate effectively with the students in
the class or with the ability of the student's classmates to learn;
(5) whether the student is a threat to the safety of
other students or to district employees;
(6) the severity of the punishment; and
(7) available opportunities for increased parental
involvement, including conferences and suggestions for addressing
the student's conduct at home.
(c) The principal, or other appropriate administrator, and
school counselor, in consultation with the parent or guardian of
the student, shall develop a disciplinary action plan that best
meets the needs of the student, considering the factors described
by Subsection (b). The disciplinary action plan must address
appropriate behavioral interventions, address any appropriate
alternative forms of instruction, and include an individual
graduation plan for the student.
(d) A written copy of the evaluation and disciplinary action
plan, including the individual graduation plan, required under this
section must be placed in the student's educational records and be
provided to the student's parent or guardian.
(e) A parent or any other person may file a complaint with
the superintendent alleging that a school district did not comply
with the requirements of this section before taking a discretionary
disciplinary action, other than in-school suspension, against a
specific student. If the parent or other person is not satisfied
with the superintendent's resolution of the complaint, the parent
or other person may appeal to the school district board of trustees.
The determination of the board of trustees is final and may not be
appealed.
SECTION 6. This Act applies beginning with the 2013-2014
school year.
SECTION 7. 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.
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