Texas 2019 - 86th Regular

Texas House Bill HB2991 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R8832 MP-F
2		-	By: Talarico~~, Bernal~~ H.B. No. 2991
	2	+	By: Talarico H.B. No. 2991
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the use of disciplinary alternatives to suspension by a
8	8		school district and the creation of the restorative justice
9	9		coordinating council.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. The heading to Section 37.0013, Education Code,
12	12		is amended to read as follows:
13	13		Sec. 37.0013. POSITIVE BEHAVIOR AND RESTORATIVE JUSTICE
14	14		PROGRAM.
15	15		SECTION 2. Section 37.0013, Education Code, is amended by
16	16		amending Subsection (a) and adding Subsection (a-1) to read as
17	17		follows:
18	18		(a) Each school district and open-enrollment charter school
19	19		shall [may] develop and implement a program, in consultation with
20	20		campus behavior coordinators employed by the district or school and
21	21		representatives of a regional education service center, through
22	22		which the district or school may provide an [that provides a
23	23		disciplinary] alternative to suspension for a student enrolled in
24	24		any [a] grade level [below grade three] who engages in conduct
25	25		described by Section 37.005(a), including conduct that violates a
26	26		penal law of this state [and is not subject to Section 37.005(c)].
27	27		The program must:
28	28		(1) be age-appropriate and research-based;
29	29		(2) provide models for positive behavior;
30	30		(3) promote a positive school environment;
31	31		(4) provide alternative disciplinary courses of
32	32		action that do not rely on the use of in-school suspension,
33	33		out-of-school suspension, or placement in a disciplinary
34	34		alternative education program to manage student behavior; and
35	35		(5) provide behavior management strategies,
36	36		including:
37	37		(A) positive behavioral intervention and
38	38		support;
39	39		(B) trauma-informed practices;
40	40		(C) social and emotional learning;
41	41		(D) a referral for services, as necessary; and
42	42		(E) restorative justice practices.
43	43		(a-1) In this section, "restorative justice practices"
44	44		means practices that emphasize repairing harm caused by a person's
45	45		conduct to another person or to the community. The term includes a
46	46		victim-initiated conference, a family group conference, a
47	47		restorative circle, a community conference, or any other
48	48		victim-centered practice.
49	49		SECTION 3. Chapter 37, Education Code, is amended by adding
50	50		Subchapter H to read as follows:
51	51		SUBCHAPTER H. RESTORATIVE JUSTICE COORDINATING COUNCIL
52	52		Sec. 37.251. DEFINITIONS. In this subchapter:
53	53		(1) "Council" means the restorative justice
54	54		coordinating council established under this subchapter.
55	55		(2) "Restorative justice" means an approach to justice
56	56		that emphasizes repairing harm caused by a person's conduct to
57	57		another person or to the community.
58	58		Sec. 37.252. ESTABLISHMENT; PURPOSES. The restorative
59	59		justice coordinating council is established to assist the agency
60	60		and school districts in developing and delivering restorative
61	61		justice programs and training, including by:
62	62		(1) serving as a central repository for restorative
63	63		justice information; and
64	64		(2) providing technical assistance to school
65	65		districts in providing or developing restorative justice programs.
66	66		Sec. 37.253. COUNCIL MEMBERS; TERMS. (a) The council
67	67		consists of 15 members as follows:
68	68		(1) one member representing the agency, appointed by
69	69		the commissioner;
70	70		(2) one member representing a regional education
71	71		service center, appointed by the commissioner;
72	72		(3) three members representing public school
73	73		educators, who must include a classroom teacher, a principal, and a
74	74		superintendent, appointed by the commissioner;
75	75		(4) one member who is a victim's advocate with
76	76		experience in restorative justice practices, appointed by the chair
77	77		of the Texas Judicial Council;
78	78		(5) one member representing a statewide nonprofit
79	79		organization with expertise in restorative justice policy,
80	80		appointed by the chair of the Texas Judicial Council;
81	81		(6) three members who are restorative justice
82	82		practitioners, appointed by the chair of the Texas Judicial
83	83		Council;
84	84		(7) one member representing the Texas Department of
85	85		Criminal Justice, appointed by the executive director of the
86	86		department;
87	87		(8) one member representing the Board of Pardons and
88	88		Paroles, appointed by the presiding officer of the board;
89	89		(9) one member representing the Texas Juvenile Justice
90	90		Department, appointed by the executive director of the department;
91	91		and
92	92		(10) two members who are district, county, or
93	93		municipal court judges or justices of the peace, appointed by the
94	94		chair of the Texas Judicial Council.
95	95		(b) A council member shall serve a two-year term.
96	96		Sec. 37.254. RESTORATIVE JUSTICE DATABASE. (a) The
97	97		council shall develop and maintain a database of restorative
98	98		justice programs used by school districts in the state.
99	99		(b) The council shall review and, if necessary, update the
100	100		database at least once each year.
101	101		Sec. 37.255. REPORT. Not later than December 1 of each
102	102		even-numbered year, the council shall submit to the governor, the
103	103		lieutenant governor, and the speaker of the house of
104	104		representatives a report on the council's activities in the
105	105		preceding biennium and any recommendations for legislative or other
106	106		action.
107	107		SECTION 4. Section 37.0013, Education Code, as amended by
108	108		this Act, applies beginning with the 2019-2020 school year.
109	109		SECTION 5. (a) Not later than December 1, 2019, the
110	110		appropriate appointing authorities shall appoint the members of the
111	111		restorative justice coordinating council established under
112	112		Subchapter H, Chapter 37, Education Code, as added by this Act.
113	113		(b) Not later than September 1, 2020, the restorative
114	114		justice coordinating council shall develop the restorative justice
115	115		database required by Section 37.254, Education Code, as added by
116	116		this Act.
117	117		(c) Not later than December 1, 2020, the restorative justice
118	118		coordinating council shall submit its initial report required under
119	119		Section 37.255, Education Code, as added by this Act.
120	120		SECTION 6. This Act takes effect immediately if it receives
121	121		a vote of two-thirds of all the members elected to each house, as
122	122		provided by Section 39, Article III, Texas Constitution. If this
123	123		Act does not receive the vote necessary for immediate effect, this
124	124		Act takes effect September 1, 2019.