Texas 2017 - 85th Regular

Texas Senate Bill SB370 Compare Versions

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1		-	By: Garcia S.B. No. 370
2		-	(In the Senate - Filed December 20, 2016; February 1, 2017,
3		-	read first time and referred to Committee on Education;
4		-	May 9, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 3; May 9, 2017, sent
6		-	to printer.)
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 370 By: Lucio
	1	+	By: Garcia, et al. S.B. No. 370
8	2
9	3
10	4		A BILL TO BE ENTITLED
11	5		AN ACT
12	6		relating to the discipline and behavior management of a student
13	7		enrolled in a grade level below grade three at a school district or
14	8		open-enrollment charter school.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 12.104(b), Education Code, is amended to
17	11		read as follows:
18	12		(b) An open-enrollment charter school is subject to:
19	13		(1) a provision of this title establishing a criminal
20	14		offense; and
21	15		(2) a prohibition, restriction, or requirement, as
22	16		applicable, imposed by this title or a rule adopted under this
23	17		title, relating to:
24	18		(A) the Public Education Information Management
25	19		System (PEIMS) to the extent necessary to monitor compliance with
26	20		this subchapter as determined by the commissioner;
27	21		(B) criminal history records under Subchapter C,
28	22		Chapter 22;
29	23		(C) reading instruments and accelerated reading
30	24		instruction programs under Section 28.006;
31	25		(D) accelerated instruction under Section
32	26		28.0211;
33	27		(E) high school graduation requirements under
34	28		Section 28.025;
35	29		(F) special education programs under Subchapter
36	30		A, Chapter 29;
37	31		(G) bilingual education under Subchapter B,
38	32		Chapter 29;
39	33		(H) prekindergarten programs under Subchapter E
40	34		or E-1, Chapter 29;
41	35		(I) extracurricular activities under Section
42	36		33.081;
43	37		(J) discipline management practices or behavior
44	38		management techniques under Sections [Section] 37.0021, 37.0182,
45		-	37.0183, and 37.023, including the staff ~~development training~~
46		-	required under Section 21.451(d)(4);
	39	+	37.0183, and 37.023, including, if applicable, the staff
	40	+	development training required under Section 21.451(d)(4);
47	41		(K) health and safety under Chapter 38;
48	42		(L) public school accountability under
49	43		Subchapters B, C, D, E, F, G, and J, Chapter 39;
50	44		(M) the requirement under Section 21.006 to
51	45		report an educator's misconduct;
52	46		(N) intensive programs of instruction under
53	47		Section 28.0213; and
54	48		(O) the right of a school employee to report a
55	49		crime, as provided by Section 37.148.
56	50		SECTION 2. Section 21.451(d), Education Code, is amended to
57	51		read as follows:
58	52		(d) The staff development:
59	53		(1) may include training in:
60	54		(A) technology;
61	55		(B) conflict resolution;
62	56		(C) discipline strategies, including classroom
63	57		management, district discipline policies, and the student code of
64	58		conduct adopted under Section 37.001 and Chapter 37; and
65	59		(D) preventing, identifying, responding to, and
66	60		reporting incidents of bullying;
67	61		(2) subject to Subsection (e) and to Section 21.3541
68	62		and rules adopted under that section, must include training that is
69	63		evidence-based [based on scientifically based research], as
70	64		defined by Section 8101, Every Student Succeeds Act [9101, No Child
71	65		Left Behind Act of 2001] (20 U.S.C. Section 7801), and that:
72	66		(A) relates to instruction of students with
73	67		disabilities; and
74	68		(B) is designed for educators who work primarily
75	69		outside the area of special education; [and]
76	70		(3) must include suicide prevention training that must
77	71		be provided:
78	72		(A) on an annual basis, as part of a new employee
79	73		orientation, to all new school district and open-enrollment charter
80	74		school educators; and
81	75		(B) to existing school district and
82	76		open-enrollment charter school educators on a schedule adopted by
83	77		the agency by rule; and
84		-	(4) notwithstanding Subdivision (1)(C), must include
85		-	for educators who work with students enrolled in a grade level below
86		-	grade three training on the positive behavior and early detection
87		-	and prevention programs under Section 37.0183.
	78	+	(4) notwithstanding Subdivision (1)(C), if the school
	79	+	district implements a positive behavior or early detection and
	80	+	prevention program under Section 37.0183, must include training on
	81	+	the program for educators who work with students enrolled in a grade
	82	+	level below grade three.
88	83		SECTION 3. Section 37.001(a), Education Code, as amended by
89	84		Chapters 487 (S.B. 1541) and 1409 (S.B. 1114), Acts of the 83rd
90	85		Legislature, Regular Session, 2013, is reenacted and amended to
91	86		read as follows:
92	87		(a) The board of trustees of an independent school district
93	88		shall, with the advice of its district-level committee established
94	89		under Subchapter F, Chapter 11, adopt a student code of conduct for
95	90		the district. The student code of conduct must be posted and
96	91		prominently displayed at each school campus or made available for
97	92		review at the office of the campus principal. In addition to
98	93		establishing standards for student conduct, the student code of
99	94		conduct must:
100	95		(1) specify the circumstances, in accordance with this
101	96		subchapter, under which a student may be removed from a classroom,
102	97		campus, disciplinary alternative education program, or vehicle
103	98		owned or operated by the district;
104	99		(2) specify conditions that authorize or require a
105	100		principal or other appropriate administrator to transfer a student
106	101		to a disciplinary alternative education program;
107	102		(3) outline conditions under which a student may be
108	103		suspended as provided by Section 37.005 or expelled as provided by
109	104		Section 37.007;
110	105		(4) specify that consideration will be given, as a
111	106		factor in each decision concerning suspension, removal to a
112	107		disciplinary alternative education program, expulsion, or
113	108		placement in a juvenile justice alternative education program,
114	109		regardless of whether the decision concerns a mandatory or
115	110		discretionary action, to:
116	111		(A) self-defense;
117	112		(B) intent or lack of intent at the time the
118	113		student engaged in the conduct;
119	114		(C) a student's disciplinary history; or
120	115		(D) a disability that substantially impairs the
121	116		student's capacity to appreciate the wrongfulness of the student's
122	117		conduct;
123	118		(5) state that a student enrolled in a grade level
124	119		below grade three may not be placed in out-of-school suspension
125	120		except as authorized by this subchapter;
126	121		(6) provide guidelines for setting the length of a
127	122		term of:
128	123		(A) a removal under Section 37.006; and
129	124		(B) an expulsion under Section 37.007;
130	125		(7) [(6)] address the notification of a student's
131	126		parent or guardian of a violation of the student code of conduct
132	127		committed by the student that results in suspension, removal to a
133	128		disciplinary alternative education program, or expulsion;
134	129		(8) [(7)] prohibit bullying, harassment, and making
135	130		hit lists and ensure that district employees enforce those
136	131		prohibitions; and
137	132		(9) [(8)] provide, as appropriate for students at each
138	133		grade level, methods, including options, for:
139	134		(A) managing students in the classroom, on school
140	135		grounds, and on a vehicle owned or operated by the district;
141	136		(B) disciplining students, including
142	137		disciplining students enrolled in a grade level below grade three
143	138		using behavior management techniques that comply with the minimum
144	139		standards established under Section 37.0182 as an alternative to
145	140		out-of-school suspension; and
146	141		(C) preventing and intervening in student
147	142		discipline problems, including bullying, harassment, and making
148	143		hit lists.
149	144		SECTION 4. Section 37.005, Education Code, is amended by
150	145		adding Subsection (c) to read as follows:
151	146		(c) A student enrolled in a grade level below grade three
152		-	may not be placed in out-of-school suspension.
	147	+	may not be placed in out-of-school suspension for any reason other
	148	+	than engaging in conduct for which the student may be expelled under
	149	+	Section 37.007.
153	150		SECTION 5. Subchapter A, Chapter 37, Education Code, is
154	151		amended by adding Sections 37.0182, 37.0183, and 37.023 to read as
155	152		follows:
156	153		Sec. 37.0182. APPROPRIATE BEHAVIOR MANAGEMENT TECHNIQUES
157	154		FOR CERTAIN STUDENTS. (a) The commissioner by rule shall
158	155		establish minimum standards for behavior management techniques
159	156		that may be used for a student enrolled in a grade level below grade
160	157		three as an alternative to placing the student in out-of-school
161	158		suspension under Section 37.005. The standards must require a
162	159		behavior management technique to be a positive behavior support
163	160		that is age appropriate and research based.
164	161		(b) The agency shall develop a database of positive behavior
165	162		support systems that satisfy the standards established under
166	163		Subsection (a) and make the database available to each school
167	164		district and open-enrollment charter school.
168	165		Sec. 37.0183. POSITIVE BEHAVIOR AND EARLY DETECTION AND
169		-	PREVENTION PROGRAMS FOR CERTAIN STUDENTS. (a) ~~Each~~ school
170		-	~~district shall~~ develop and implement for students enrolled in a
171		-	~~grade level~~ below grade three a positive behavior program that:
	166	+	PREVENTION PROGRAMS FOR CERTAIN STUDENTS. (a) A school district
	167	+	may develop and implement for students enrolled in a grade level
	168	+	below grade three a positive behavior program that:
172	169		(1) is age appropriate and research based;
173	170		(2) models positive behaviors;
174	171		(3) promotes a positive school climate;
175	172		(4) uses only behavior management techniques that
176	173		comply with the minimum standards established under Section
177	174		37.0182;
178	175		(5) does not rely on the use of out-of-school
179		-	suspensions or placements in a disciplinary alternative education
180		-	program as a means of managing problematic behavior; and
	176	+	suspensions as a means of managing problematic behavior; and
181	177		(6) includes behavior management strategies such as
182	178		positive behavioral interventions and supports, trauma-informed
183	179		practices, social and emotional learning, referral services, and
184	180		restorative practices.
185		-	(b) ~~Each~~ school district ~~shall~~ develop and implement an
186		-	~~early~~ detection and prevention program to address the needs of
187		-	~~students~~ enrolled in a grade level below grade three who are
188		-	~~experiencing~~ behavioral or disciplinary challenges. The program
189		-	~~must be~~ designed to provide appropriate evaluations, services, and
	181	+	(b) A school district may develop and implement an early
	182	+	detection and prevention program to address the needs of students
	183	+	enrolled in a grade level below grade three who are experiencing
	184	+	behavioral or disciplinary challenges. The program must be
	185	+	designed to provide appropriate evaluations, services, and
190	186		supports to the student and the student's family.
191	187		(c) A program under Subsection (a) or (b) must include
192	188		methods for improving in-school suspension by incorporating
193	189		behavior management techniques that comply with the minimum
194	190		standards established under Section 37.0182.
195	191		(d) In developing a program under Subsection (a) or (b), a
196	192		school district may request assistance from a regional education
197	193		service center.
198		-	(e) Each school district shall:
	194	+	(e) Each school district that implements a program under
	195	+	Subsection (a) or (b) shall:
199	196		(1) submit to the agency written procedures detailing
200		-	the implementation of each program under this section;
	197	+	the implementation of the program, including procedures
	198	+	identifying the role of the campus behavior coordinator in
	199	+	implementing the program under Subsection (a);
201	200		(2) make the procedures under Subdivision (1) publicly
202	201		available; and
203	202		(3) train educators and other student support staff as
204		-	necessary to implement the ~~programs as required by this section~~.
	203	+	necessary to implement the program.
205	204		(f) The commissioner may adopt rules as necessary to
206	205		implement this section.
207	206		Sec. 37.023. SANCTIONS FOR CERTAIN VIOLATIONS. The
208	207		commissioner may sanction, in a manner determined appropriate by
209	208		the commissioner, a school district or open-enrollment charter
210	209		school that:
211	210		(1) permits a student enrolled in a grade level below
212	211		grade three to be placed in out-of-school suspension unless the
213	212		suspension is authorized by this subchapter; or
214	213		(2) fails to comply with a requirement under Section
215	214		37.0183.
216	215		SECTION 6. This Act applies beginning with the 2018-2019
217	216		school year.
218	217		SECTION 7. Not later than September 1, 2018, each school
219	218		district and open-enrollment charter school shall submit to the
220	219		Texas Education Agency the procedures required under Section
221	220		37.0183, Education Code, as added by this Act.
222	221		SECTION 8. This Act takes effect immediately if it receives
223	222		a vote of two-thirds of all the members elected to each house, as
224	223		provided by Section 39, Article III, Texas Constitution. If this
225	224		Act does not receive the vote necessary for immediate effect, this
226	225		Act takes effect September 1, 2017.
227		-	* * * * *