Texas 2019 - 86th Regular

Texas Senate Bill SB377 Compare Versions

Only one version of the bill is available at this time.

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1	1	86R3097 JES-D
2	2	By: Hall S.B. No. 377
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eliminating certain requirements imposed on school
8	8	districts; establishing a process for review of a school district's
9	9	termination or suspension of a classroom teacher.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.253(d), Education Code, is amended to
12	12	read as follows:
13	13	(d) Each campus improvement plan must:
14	14	(1) assess the academic achievement for each student
15	15	in the school using the achievement indicator system as described
16	16	by Section 39.053;
17	17	(2) set the campus performance objectives based on the
18	18	achievement indicator system, including objectives for special
19	19	needs populations, including students in special education
20	20	programs under Subchapter A, Chapter 29;
21	21	(3) identify how the campus goals will be met for each
22	22	student;
23	23	(4) determine the resources needed to implement the
24	24	plan;
25	25	(5) identify staff needed to implement the plan;
26	26	(6) set timelines for reaching the goals;
27	27	(7) measure progress toward the performance
28	28	objectives periodically to ensure that the plan is resulting in
29	29	academic improvement;
30	30	(8) include goals and methods for violence prevention
31	31	and intervention on campus;
32	32	(9) provide for a program to encourage parental
33	33	involvement at the campus; and
34	34	(10) if the campus is an elementary, middle, or junior
35	35	high school, set goals and objectives for the coordinated health
36	36	program at the campus based on:
37	37	(A) student fitness assessment data, including
38	38	any data from research-based assessments such as the school health
39	39	index assessment and planning tool created by the federal Centers
40	40	for Disease Control and Prevention;
41	41	(B) student academic performance data;
42	42	(C) student attendance rates;
43	43	(D) the percentage of students who are
44	44	educationally disadvantaged; and
45	45	(E) the use and success of any method to ensure
46	46	that students participate in moderate to vigorous physical activity
47	47	as required by Section 28.002(l)[; and
48	48	[(F) any other indicator recommended by the local
49	49	school health advisory council].
50	50	SECTION 2. The heading to Subchapter F, Chapter 21,
51	51	Education Code, is amended to read as follows:
52	52	SUBCHAPTER F. HEARINGS [BEFORE HEARING EXAMINERS]
53	53	SECTION 3. Section 21.253, Education Code, is amended by
54	54	adding Subsections (c) and (d) to read as follows:
55	55	(c) The school district may choose to have the hearing
56	56	conducted before:
57	57	(1) a hearing examiner; or
58	58	(2) the board of trustees or a subcommittee designated
59	59	by the board.
60	60	(d) The school district shall notify the commissioner of the
61	61	school district's choice under Subsection (c).
62	62	SECTION 4. The heading to Section 21.258, Education Code,
63	63	is amended to read as follows:
64	64	Sec. 21.258. CONSIDERATION OF RECOMMENDATION OF HEARING
65	65	EXAMINER BY BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE.
66	66	SECTION 5. The heading to Section 21.259, Education Code,
67	67	is amended to read as follows:
68	68	Sec. 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD
69	69	SUBCOMMITTEE AFTER CONSIDERATION OF RECOMMENDATION OF HEARING
70	70	EXAMINER.
71	71	SECTION 6. Subchapter F, Chapter 21, Education Code, is
72	72	amended by adding Section 21.2595 to read as follows:
73	73	Sec. 21.2595. HEARING BY BOARD OF TRUSTEES OR BOARD
74	74	SUBCOMMITTEE; DECISION. (a) If the school district chooses to have
75	75	a hearing before the board of trustees or a subcommittee designated
76	76	by the board, the board or subcommittee shall conduct the hearing as
77	77	provided by this section.
78	78	(b) The board of trustees or board subcommittee has the same
79	79	authority as a hearing examiner and the hearing is subject to the
80	80	same requirements and shall be conducted in the same manner as
81	81	provided under Sections 21.255 and 21.256. The school district and
82	82	the teacher have the same rights and responsibilities as provided
83	83	by Sections 21.255 and 21.256.
84	84	(c) Not later than the 60th day after the date on which the
85	85	district receives a copy of the teacher's written request for a
86	86	hearing, the board of trustees or board subcommittee shall complete
87	87	the hearing and shall announce a decision that:
88	88	(1) includes findings of fact and conclusions of law;
89	89	and
90	90	(2) may include a grant of relief.
91	91	(d) A determination by the board of trustees or board
92	92	subcommittee regarding good cause for the suspension of a teacher
93	93	without pay or the termination of a probationary, continuing, or
94	94	term contract is a conclusion of law.
95	95	SECTION 7. Section 21.260, Education Code, is amended to
96	96	read as follows:
97	97	Sec. 21.260. RECORDING OF BOARD PROCEEDINGS [MEETING AND
98	98	ANNOUNCEMENT]. A certified shorthand reporter shall record the
99	99	oral argument under Section 21.258 and the announcement of a [the]
100	100	decision under Section 21.259 or 21.2595. The school district
101	101	shall bear the cost of the services of the certified shorthand
102	102	reporter.
103	103	SECTION 8. Sections 21.301(a) and (c), Education Code, are
104	104	amended to read as follows:
105	105	(a) Not later than the 20th day after the date the board of
106	106	trustees or board subcommittee announces its decision under Section
107	107	21.259 or 21.2595 or the board advises the teacher of its decision
108	108	not to renew the teacher's contract under Section 21.208, the
109	109	teacher may appeal the decision by filing a petition for review with
110	110	the commissioner.
111	111	(c) The commissioner shall review, as applicable, the
112	112	record of the hearing before the hearing examiner and the oral
113	113	argument before the board of trustees or board subcommittee or the
114	114	record of the hearing before the board of trustees or board
115	115	subcommittee. Except as provided in Section 21.302, the
116	116	commissioner shall consider the appeal solely on the basis of the
117	117	local record and may not consider any additional evidence or issue.
118	118	The commissioner, on the motion of a party or on the commissioner's
119	119	motion, may hear oral argument. The commissioner shall accept
120	120	written argument.
121	121	SECTION 9. Section 21.302(a), Education Code, is amended to
122	122	read as follows:
123	123	(a) If a party alleges that procedural irregularities that
124	124	are not reflected in the local record occurred at a [the] hearing
125	125	under Subchapter F [before the hearing examiner], the commissioner
126	126	may hold a hearing for the presentation of evidence on that issue.
127	127	The party alleging that procedural irregularities occurred shall
128	128	identify the specific alleged defect and its claimed effect on the
129	129	board's or board subcommittee's decision. The commissioner may
130	130	make appropriate orders consistent with rules adopted by the
131	131	commissioner. The commissioner's determination on any alleged
132	132	procedural irregularities is final and may not be appealed.
133	133	SECTION 10. Sections 21.303(a) and (b), Education Code, are
134	134	amended to read as follows:
135	135	(a) If the board of trustees or board subcommittee decided
136	136	not to renew a teacher's term contract, the commissioner may not
137	137	substitute the commissioner's judgment for that of the board or
138	138	subcommittee [of trustees] unless the decision was arbitrary,
139	139	capricious, or unlawful or is not supported by substantial
140	140	evidence.
141	141	(b) If the board of trustees or board subcommittee
142	142	terminated a teacher's probationary, continuing, or term contract
143	143	during the contract term or suspended a teacher without pay, the
144	144	commissioner may not substitute the commissioner's judgment for
145	145	that of the board or subcommittee unless:
146	146	(1) if the board or subcommittee accepted the hearing
147	147	examiner's findings of fact without modification, the decision is
148	148	arbitrary, capricious, or unlawful or is not supported by
149	149	substantial evidence; [or]
150	150	(2) if the board or subcommittee modified the hearing
151	151	examiner's findings of fact, the decision is arbitrary, capricious,
152	152	or unlawful or the hearing examiner's original findings of fact are
153	153	not supported by substantial evidence; or
154	154	(3) the decision of the board or subcommittee in a
155	155	hearing under Section 21.2595 is arbitrary, capricious, or unlawful
156	156	or the original findings of fact of the board or subcommittee are
157	157	not supported by substantial evidence.
158	158	SECTION 11. Sections 21.304(d) and (e), Education Code, are
159	159	amended to read as follows:
160	160	(d) The commissioner shall maintain and index decisions of
161	161	the commissioner issued under this section with, as applicable:
162	162	(1) the recommendations or decisions of the hearing
163	163	examiner; or
164	164	(2) the decisions of the board of trustees or board
165	165	subcommittee announced under Section 21.2595.
166	166	(e) If the commissioner reverses the action of the board of
167	167	trustees or board subcommittee, the commissioner shall order the
168	168	school district to reinstate the teacher and to pay the teacher any
169	169	back pay and employment benefits from the time of discharge or
170	170	suspension to reinstatement.
171	171	SECTION 12. Section 21.305(a), Education Code, is amended
172	172	to read as follows:
173	173	(a) If a teacher appeals the decision of the board of
174	174	trustees or board subcommittee, the school district shall bear the
175	175	cost of preparing the original transcripts of, as applicable:
176	176	(1) the hearing before the hearing examiner[;] and
177	177	[(2)] the oral argument before the board of trustees
178	178	or board subcommittee; or
179	179	(2) the hearing before the board or subcommittee under
180	180	Section 21.2595.
181	181	SECTION 13. Section 21.451, Education Code, is amended by
182	182	adding Subsection (h) to read as follows:
183	183	(h) Notwithstanding any other law, a school district may,
184	184	but is not required to, provide staff training regarding:
185	185	(1) Internet safety;
186	186	(2) teen dating violence;
187	187	(3) bullying;
188	188	(4) student parenthood;
189	189	(5) child abuse; or
190	190	(6) school bus transportation safety.
191	191	SECTION 14. Section 28.002(p), Education Code, is amended
192	192	to read as follows:
193	193	(p) The State Board of Education, in conjunction with the
194	194	office of the attorney general, shall develop a parenting and
195	195	paternity awareness program that a school district may [shall] use
196	196	in the district's high school health curriculum or[. A school
197	197	district may use the program developed under this subsection in]
198	198	the district's middle or junior high school curriculum. At the
199	199	discretion of the district, a teacher may modify the suggested
200	200	sequence and pace of the program at any grade level. The program
201	201	must:
202	202	(1) address parenting skills and responsibilities,
203	203	including child support and other legal rights and responsibilities
204	204	that come with parenthood;
205	205	(2) address relationship skills, including money
206	206	management, communication skills, and marriage preparation; and
207	207	(3) in district middle, junior high, or high schools
208	208	that do not have a family violence prevention program, address
209	209	skills relating to the prevention of family violence.
210	210	SECTION 15. Sections 28.0023(c) and (e), Education Code,
211	211	are amended to read as follows:
212	212	(c) A school district or open-enrollment charter school may
213	213	[shall] provide instruction to students in grades 7 through 12 in
214	214	cardiopulmonary resuscitation in a manner consistent with the
215	215	requirements of this section [and State Board of Education rules
216	216	adopted under this section]. The instruction may be provided as a
217	217	part of any course. [A student shall receive the instruction at
218	218	least once before graduation.]
219	219	(e) If a school district or open-enrollment charter school
220	220	offers cardiopulmonary [Cardiopulmonary] resuscitation
221	221	instruction, the instruction must include training that has been
222	222	developed:
223	223	(1) by the American Heart Association or the American
224	224	Red Cross; or
225	225	(2) using nationally recognized, evidence-based
226	226	guidelines for emergency cardiovascular care and incorporating
227	227	psychomotor skills to support the instruction.
228	228	SECTION 16. Subchapter A, Chapter 28, Education Code, is
229	229	amended by adding Section 28.0026 to read as follows:
230	230	Sec. 28.0026. INSTRUCTION NOT REQUIRED. Notwithstanding
231	231	any other law, a school district may, but is not required to,
232	232	provide student instruction regarding:
233	233	(1) Internet safety;
234	234	(2) teen dating violence;
235	235	(3) bullying;
236	236	(4) student parenthood;
237	237	(5) child abuse; or
238	238	(6) school bus transportation safety.
239	239	SECTION 17. The heading to Section 28.004, Education Code,
240	240	is amended to read as follows:
241	241	Sec. 28.004. [LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND]
242	242	HEALTH EDUCATION INSTRUCTION.
243	243	SECTION 18. Sections 28.004(e), (i), and (k), Education
244	244	Code, are amended to read as follows:
245	245	(e) Any course materials and instruction relating to human
246	246	sexuality, sexually transmitted diseases, or human
247	247	immunodeficiency virus or acquired immune deficiency syndrome
248	248	shall be selected by the board of trustees [with the advice of the
249	249	local school health advisory council] and must:
250	250	(1) present abstinence from sexual activity as the
251	251	preferred choice of behavior in relationship to all sexual activity
252	252	for unmarried persons of school age;
253	253	(2) devote more attention to abstinence from sexual
254	254	activity than to any other behavior;
255	255	(3) emphasize that abstinence from sexual activity, if
256	256	used consistently and correctly, is the only method that is 100
257	257	percent effective in preventing pregnancy, sexually transmitted
258	258	diseases, infection with human immunodeficiency virus or acquired
259	259	immune deficiency syndrome, and the emotional trauma associated
260	260	with adolescent sexual activity;
261	261	(4) direct adolescents to a standard of behavior in
262	262	which abstinence from sexual activity before marriage is the most
263	263	effective way to prevent pregnancy, sexually transmitted diseases,
264	264	and infection with human immunodeficiency virus or acquired immune
265	265	deficiency syndrome; and
266	266	(5) teach contraception and condom use in terms of
267	267	human use reality rates instead of theoretical laboratory rates, if
268	268	instruction on contraception and condoms is included in curriculum
269	269	content.
270	270	(i) Before each school year, a school district shall provide
271	271	written notice to a parent of each student enrolled in the district
272	272	of the board of trustees' decision regarding whether the district
273	273	will provide human sexuality instruction to district students. If
274	274	instruction will be provided, the notice must include:
275	275	(1) a summary of the basic content of the district's
276	276	human sexuality instruction to be provided to the student,
277	277	including a statement informing the parent of the instructional
278	278	requirements under state law;
279	279	(2) a statement of the parent's right to:
280	280	(A) review curriculum materials as provided by
281	281	Subsection (j); and
282	282	(B) remove the student from any part of the
283	283	district's human sexuality instruction without subjecting the
284	284	student to any disciplinary action, academic penalty, or other
285	285	sanction imposed by the district or the student's school; and
286	286	(3) information describing the opportunities for
287	287	parental involvement in the development of the curriculum to be
288	288	used in human sexuality instruction[, including information
289	289	regarding the local school health advisory council established
290	290	under Subsection (a)].
291	291	(k) A school district shall publish in the student handbook
292	292	and post on the district's Internet website, if the district has an
293	293	Internet website:
294	294	(1) a statement of the policies adopted to ensure that
295	295	elementary school, middle school, and junior high school students
296	296	engage in at least the amount and level of physical activity
297	297	required by Section 28.002(l);
298	298	(2) a statement of:
299	299	(A) [the number of times during the preceding
300	300	year the district's school health advisory council has met;
301	301	[(B)] whether the district has adopted and
302	302	enforces policies to ensure that district campuses comply with
303	303	agency vending machine and food service guidelines for restricting
304	304	student access to vending machines; and
305	305	(B) [(C)] whether the district has adopted and
306	306	enforces policies and procedures that prescribe penalties for the
307	307	use of e-cigarettes, as defined by Section 38.006, and tobacco
308	308	products by students and others on school campuses or at
309	309	school-sponsored or school-related activities; and
310	310	(3) a statement providing notice to parents that they
311	311	can request in writing their child's physical fitness assessment
312	312	results at the end of the school year if assessment was requested
313	313	under Section 38.101.
314	314	SECTION 19. Sections 33.901(a) and (b), Education Code, are
315	315	amended to read as follows:
316	316	(a) If at least 10 percent of the students enrolled in one or
317	317	more schools in a school district or enrolled in an open-enrollment
318	318	charter school are eligible for free or reduced-price breakfasts
319	319	under the national school breakfast program provided for by the
320	320	Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of
321	321	trustees of the school district or the governing body of the
322	322	open-enrollment charter school may [shall either]:
323	323	(1) participate in the national program and make the
324	324	benefits of the national program available to all eligible students
325	325	in the schools or school; or
326	326	(2) develop and implement a locally funded program to
327	327	provide free meals, including breakfast and lunch, to each student
328	328	eligible for free meals under federal law and reduced-price meals,
329	329	including breakfast and lunch, to each student eligible for
330	330	reduced-price meals under federal law, provided that the reduced
331	331	price may not exceed the maximum allowable rate under federal law.
332	332	(b) A school district campus or an open-enrollment charter
333	333	school participating in the national school breakfast program
334	334	provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section
335	335	1773) or providing a locally funded program in which 80 percent or
336	336	more of the students qualify under the national program for a free
337	337	or reduced-price breakfast may [shall] offer a free breakfast to
338	338	each student.
339	339	SECTION 20. Section 34.008(c), Education Code, is amended
340	340	to read as follows:
341	341	(c) A mass transit authority contracting under this section
342	342	for daily transportation of pre-primary, primary, or secondary
343	343	students to or from school shall conduct, in a manner and on a
344	344	schedule approved by the county or district school board, the
345	345	following education programs:
346	346	(1) a program to inform the public that public school
347	347	students will be riding on the authority's or company's buses; and
348	348	(2) a program to educate the drivers of the buses to be
349	349	used under the contract of the special needs and problems of public
350	350	school students riding on the buses[; and
351	351	[(3) a program to educate public school students on
352	352	bus riding safety and any special considerations arising from the
353	353	use of the authority's or company's buses].
354	354	SECTION 21. Section 34.012(b), Education Code, is amended
355	355	to read as follows:
356	356	(b) The State Board of Education shall serve as a
357	357	clearinghouse of best practices for school districts seeking the
358	358	most efficient and sensible information regarding school bus
359	359	safety[, including possible compliance with Section 547.701,
360	360	Transportation Code, using school buses originally purchased
361	361	without seat belts].
362	362	SECTION 22. Section 37.001(a), Education Code, is amended
363	363	to read as follows:
364	364	(a) The board of trustees of an independent school district
365	365	shall, with the advice of its district-level committee established
366	366	under Subchapter F, Chapter 11, adopt a student code of conduct for
367	367	the district. The student code of conduct must be posted and
368	368	prominently displayed at each school campus or made available for
369	369	review at the office of the campus principal. In addition to
370	370	establishing standards for student conduct, the student code of
371	371	conduct must:
372	372	(1) specify the circumstances, in accordance with this
373	373	subchapter, under which a student may be removed from a classroom,
374	374	campus, disciplinary alternative education program, or vehicle
375	375	owned or operated by the district;
376	376	(2) specify conditions that authorize or require a
377	377	principal or other appropriate administrator to transfer a student
378	378	to a disciplinary alternative education program;
379	379	(3) outline conditions under which a student may be
380	380	suspended as provided by Section 37.005 or expelled as provided by
381	381	Section 37.007;
382	382	(4) specify that consideration will be given, as a
383	383	factor in each decision concerning suspension, removal to a
384	384	disciplinary alternative education program, expulsion, or
385	385	placement in a juvenile justice alternative education program,
386	386	regardless of whether the decision concerns a mandatory or
387	387	discretionary action, to:
388	388	(A) self-defense;
389	389	(B) intent or lack of intent at the time the
390	390	student engaged in the conduct;
391	391	(C) a student's disciplinary history; or
392	392	(D) a disability that substantially impairs the
393	393	student's capacity to appreciate the wrongfulness of the student's
394	394	conduct;
395	395	(5) provide guidelines for setting the length of a
396	396	term of:
397	397	(A) a removal under Section 37.006; and
398	398	(B) an expulsion under Section 37.007;
399	399	(6) address the notification of a student's parent or
400	400	guardian of a violation of the student code of conduct committed by
401	401	the student that results in suspension, removal to a disciplinary
402	402	alternative education program, or expulsion;
403	403	(7) prohibit bullying, harassment, and making hit
404	404	lists and ensure that district employees enforce those
405	405	prohibitions;
406	406	(8) provide, as appropriate for students at each grade
407	407	level, methods, including options, for:
408	408	(A) managing students in the classroom, on school
409	409	grounds, and on a vehicle owned or operated by the district;
410	410	(B) disciplining students; and
411	411	(C) preventing and intervening in student
412	412	discipline problems[, including bullying, harassment, and making
413	413	hit lists]; and
414	414	(9) include an explanation of the provisions regarding
415	415	refusal of entry to or ejection from district property under
416	416	Section 37.105, including the appeal process established under
417	417	Section 37.105(h).
418	418	SECTION 23. Section 37.0831(b), Education Code, is amended
419	419	to read as follows:
420	420	(b) A dating violence policy:
421	421	(1) must:
422	422	(A) [(1)] include a definition of dating
423	423	violence that includes the intentional use of physical, sexual,
424	424	verbal, or emotional abuse by a person to harm, threaten,
425	425	intimidate, or control another person in a dating relationship, as
426	426	defined by Section 71.0021, Family Code; and
427	427	(B) [(2)] address safety planning, enforcement
428	428	of protective orders, school-based alternatives to protective
429	429	orders, and [training for teachers and administrators,] counseling
430	430	for affected students;[,] and
431	431	(2) may address:
432	432	(A) training for teachers and administrators;
433	433	and
434	434	(B) awareness education for students and
435	435	parents.
436	436	SECTION 24. Section 38.004(b), Education Code, is amended
437	437	to read as follows:
438	438	(b) A [Each] school district may, but is not required to,
439	439	[shall] provide child abuse antivictimization programs in
440	440	elementary and secondary schools.
441	441	SECTION 25. Section 38.101, Education Code, is amended to
442	442	read as follows:
443	443	Sec. 38.101. REQUEST FOR ASSESSMENT [REQUIRED]. At the
444	444	request of the student's parent or a person standing in parental
445	445	relation to the student [(a) Except as provided by Subsection (b)],
446	446	a school district annually shall assess the physical fitness of a
447	447	student [students] enrolled in grade three or higher in a course
448	448	that satisfies the curriculum requirements for physical education
449	449	under Section 28.002(a)(2)(C).
450	450	[(b) A school district is not required to assess a student
451	451	for whom, as a result of disability or other condition identified by
452	452	commissioner rule, the assessment instrument adopted under Section
453	453	38.102 is inappropriate.]
454	454	SECTION 26. (a) Section 12.0029(d), Agriculture Code, is
455	455	repealed.
456	456	(b) The following provisions of the Education Code are
457	457	repealed:
458	458	(1) Section 28.002(s);
459	459	(2) Sections 28.0023(b) and (d);
460	460	(3) Sections 28.004(a), (b), (c), (d), (d-1), (l),
461	461	(l-1), (m), and (n); and
462	462	(4) Section 33.901(c).
463	463	(c) Section 547.701(e), Transportation Code, is repealed.
464	464	SECTION 27. Section 21.253, Education Code, as amended by
465	465	this Act, applies only to a written notice of a proposed decision
466	466	described by Section 21.251, Education Code, received by a teacher
467	467	on or after September 1, 2019.
468	468	SECTION 28. This Act applies beginning with the 2019-2020
469	469	school year.
470	470	SECTION 29. This Act takes effect immediately if it
471	471	receives a vote of two-thirds of all the members elected to each
472	472	house, as provided by Section 39, Article III, Texas Constitution.
473	473	If this Act does not receive the vote necessary for immediate
474	474	effect, this Act takes effect September 1, 2019.