Texas 2017 - 85th Regular

Texas House Bill HB2616 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R23087 KJE-F
2	2	By: Giddings, Johnson of Dallas, et al. H.B. No. 2616
3	3	Substitute the following for H.B. No. 2616:
4	4	By: Allen C.S.H.B. No. 2616
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the discipline and behavior management of a student
10	10	enrolled in a grade level below grade three at a school district or
11	11	open-enrollment charter school.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 12.104(b), Education Code, is amended to
14	14	read as follows:
15	15	(b) An open-enrollment charter school is subject to:
16	16	(1) a provision of this title establishing a criminal
17	17	offense; and
18	18	(2) a prohibition, restriction, or requirement, as
19	19	applicable, imposed by this title or a rule adopted under this
20	20	title, relating to:
21	21	(A) the Public Education Information Management
22	22	System (PEIMS) to the extent necessary to monitor compliance with
23	23	this subchapter as determined by the commissioner;
24	24	(B) criminal history records under Subchapter C,
25	25	Chapter 22;
26	26	(C) reading instruments and accelerated reading
27	27	instruction programs under Section 28.006;
28	28	(D) accelerated instruction under Section
29	29	28.0211;
30	30	(E) high school graduation requirements under
31	31	Section 28.025;
32	32	(F) special education programs under Subchapter
33	33	A, Chapter 29;
34	34	(G) bilingual education under Subchapter B,
35	35	Chapter 29;
36	36	(H) prekindergarten programs under Subchapter E
37	37	or E-1, Chapter 29;
38	38	(I) extracurricular activities under Section
39	39	33.081;
40	40	(J) discipline management practices or behavior
41	41	management techniques under Sections [Section] 37.0021, 37.0182,
42	42	37.0183, and 37.023, including the staff development training
43	43	required under Section 21.451(d)(4);
44	44	(K) health and safety under Chapter 38;
45	45	(L) public school accountability under
46	46	Subchapters B, C, D, E, F, G, and J, Chapter 39;
47	47	(M) the requirement under Section 21.006 to
48	48	report an educator's misconduct;
49	49	(N) intensive programs of instruction under
50	50	Section 28.0213; and
51	51	(O) the right of a school employee to report a
52	52	crime, as provided by Section 37.148.
53	53	SECTION 2. Section 21.451(d), Education Code, is amended to
54	54	read as follows:
55	55	(d) The staff development:
56	56	(1) may include training in:
57	57	(A) technology;
58	58	(B) conflict resolution;
59	59	(C) discipline strategies, including classroom
60	60	management, district discipline policies, and the student code of
61	61	conduct adopted under Section 37.001 and Chapter 37; and
62	62	(D) preventing, identifying, responding to, and
63	63	reporting incidents of bullying;
64	64	(2) subject to Subsection (e) and to Section 21.3541
65	65	and rules adopted under that section, must include training that is
66	66	evidence-based [based on scientifically based research], as
67	67	defined by Section 8101, Every Student Succeeds Act [9101, No Child
68	68	Left Behind Act of 2001] (20 U.S.C. Section 7801), and that:
69	69	(A) relates to instruction of students with
70	70	disabilities; and
71	71	(B) is designed for educators who work primarily
72	72	outside the area of special education; [and]
73	73	(3) must include suicide prevention training that must
74	74	be provided:
75	75	(A) on an annual basis, as part of a new employee
76	76	orientation, to all new school district and open-enrollment charter
77	77	school educators; and
78	78	(B) to existing school district and
79	79	open-enrollment charter school educators on a schedule adopted by
80	80	the agency by rule; and
81	81	(4) notwithstanding Subdivision (1)(C), must include
82	82	for educators who work with students enrolled in a grade level below
83	83	grade three training on the positive behavior and early detection
84	84	prevention programs under Section 37.0183.
85	85	SECTION 3. Section 37.001(a), Education Code, as amended by
86	86	Chapters 487 (S.B. 1541) and 1409 (S.B. 1114), Acts of the 83rd
87	87	Legislature, Regular Session, 2013, is reenacted and amended to
88	88	read as follows:
89	89	(a) The board of trustees of an independent school district
90	90	shall, with the advice of its district-level committee established
91	91	under Subchapter F, Chapter 11, adopt a student code of conduct for
92	92	the district. The student code of conduct must be posted and
93	93	prominently displayed at each school campus or made available for
94	94	review at the office of the campus principal. In addition to
95	95	establishing standards for student conduct, the student code of
96	96	conduct must:
97	97	(1) specify the circumstances, in accordance with this
98	98	subchapter, under which a student may be removed from a classroom,
99	99	campus, disciplinary alternative education program, or vehicle
100	100	owned or operated by the district;
101	101	(2) specify conditions that authorize or require a
102	102	principal or other appropriate administrator to transfer a student
103	103	to a disciplinary alternative education program;
104	104	(3) outline conditions under which a student may be
105	105	suspended as provided by Section 37.005 or expelled as provided by
106	106	Section 37.007;
107	107	(4) specify that consideration will be given, as a
108	108	factor in each decision concerning suspension, removal to a
109	109	disciplinary alternative education program, expulsion, or
110	110	placement in a juvenile justice alternative education program,
111	111	regardless of whether the decision concerns a mandatory or
112	112	discretionary action, to:
113	113	(A) self-defense;
114	114	(B) intent or lack of intent at the time the
115	115	student engaged in the conduct;
116	116	(C) a student's disciplinary history; or
117	117	(D) a disability that substantially impairs the
118	118	student's capacity to appreciate the wrongfulness of the student's
119	119	conduct;
120	120	(5) state that a student enrolled in a grade level
121	121	below grade three may not be placed in out-of-school suspension
122	122	except as authorized by this subchapter;
123	123	(6) provide guidelines for setting the length of a
124	124	term of:
125	125	(A) a removal under Section 37.006; and
126	126	(B) an expulsion under Section 37.007;
127	127	(7) [(6)] address the notification of a student's
128	128	parent or guardian of a violation of the student code of conduct
129	129	committed by the student that results in suspension, removal to a
130	130	disciplinary alternative education program, or expulsion;
131	131	(8) [(7)] prohibit bullying, harassment, and making
132	132	hit lists and ensure that district employees enforce those
133	133	prohibitions; and
134	134	(9) [(8)] provide, as appropriate for students at each
135	135	grade level, methods, including options, for:
136	136	(A) managing students in the classroom, on school
137	137	grounds, and on a vehicle owned or operated by the district;
138	138	(B) disciplining students, including
139	139	disciplining students enrolled in a grade level below grade three
140	140	using behavior management techniques that comply with the minimum
141	141	standards established under Section 37.0182 as an alternative to
142	142	out-of-school suspension; and
143	143	(C) preventing and intervening in student
144	144	discipline problems, including bullying, harassment, and making
145	145	hit lists.
146	146	SECTION 4. Section 37.005, Education Code, is amended by
147	147	adding Subsection (c) to read as follows:
148	148	(c) A student enrolled in a grade level below grade three
149	149	may not be placed in out-of-school suspension.
150	150	SECTION 5. Subchapter A, Chapter 37, Education Code, is
151	151	amended by adding Sections 37.0182, 37.0183, and 37.023 to read as
152	152	follows:
153	153	Sec. 37.0182. APPROPRIATE BEHAVIOR MANAGEMENT TECHNIQUES
154	154	FOR CERTAIN STUDENTS. (a) The commissioner by rule shall establish
155	155	minimum standards for behavior management techniques that may be
156	156	used for a student enrolled in a grade level below grade three as an
157	157	alternative to placing the student in out-of-school suspension
158	158	under Section 37.005. The standards must require a behavior
159	159	management technique to be a positive behavior support that is age
160	160	appropriate and research based.
161	161	(b) The agency shall develop a database of positive behavior
162	162	support systems that satisfy the standards established under
163	163	Subsection (a) and make the database available to each school
164	164	district and open-enrollment charter school.
165	165	Sec. 37.0183. POSITIVE BEHAVIOR AND EARLY DETECTION AND
166	166	PREVENTION PROGRAMS FOR CERTAIN STUDENTS. (a) Each school district
167	167	shall develop and implement for students enrolled in a grade level
168	168	below grade three a positive behavior program that:
169	169	(1) is age appropriate and research based;
170	170	(2) models positive behaviors;
171	171	(3) promotes a positive school climate;
172	172	(4) uses only behavior management techniques that
173	173	comply with the minimum standards established under Section
174	174	37.0182;
175	175	(5) does not rely on the use of out-of-school
176	176	suspensions or placements in a disciplinary alternative education
177	177	program as a means of managing problematic behavior; and
178	178	(6) includes behavior management strategies such as
179	179	positive behavioral interventions and supports, trauma-informed
180	180	practices, social and emotional learning, referral services, and
181	181	restorative practices.
182	182	(b) Each school district shall develop and implement an
183	183	early detection and prevention program to address the needs of
184	184	students enrolled in a grade level below grade three who are
185	185	experiencing behavioral or disciplinary challenges. The program
186	186	must be designed to provide appropriate evaluations, services, and
187	187	supports to the student and the student's family.
188	188	(c) A program under Subsection (a) or (b) must include
189	189	methods for improving in-school suspension by incorporating
190	190	behavior management techniques that comply with the minimum
191	191	standards established under Section 37.0182.
192	192	(d) In developing a program under Subsection (a) or (b), a
193	193	school district may request assistance from a regional education
194	194	service center.
195	195	(e) Each school district shall:
196	196	(1) submit to the agency written procedures detailing
197	197	the implementation of each program under this section;
198	198	(2) make the procedures under Subdivision (1) publicly
199	199	available; and
200	200	(3) train educators and other student support staff as
201	201	necessary to implement the programs as required by this section.
202	202	(f) The commissioner may adopt rules as necessary to
203	203	implement this section.
204	204	Sec. 37.023. SANCTIONS FOR CERTAIN VIOLATIONS. The
205	205	commissioner may sanction, in a manner determined appropriate by
206	206	the commissioner, a school district or open-enrollment charter
207	207	school that:
208	208	(1) permits a student enrolled in a grade level below
209	209	grade three to be placed in out-of-school suspension unless the
210	210	suspension is authorized by this subchapter; or
211	211	(2) fails to comply with a requirement under Section
212	212	37.0183.
213	213	SECTION 6. This Act applies beginning with the 2018-2019
214	214	school year.
215	215	SECTION 7. Not later than September 1, 2018, each school
216	216	district and open-enrollment charter school shall submit to the
217	217	Texas Education Agency the procedures required under Section
218	218	37.0183, Education Code, as added by this Act.
219	219	SECTION 8. This Act takes effect immediately if it receives
220	220	a vote of two-thirds of all the members elected to each house, as
221	221	provided by Section 39, Article III, Texas Constitution. If this
222	222	Act does not receive the vote necessary for immediate effect, this
223	223	Act takes effect September 1, 2017.