Texas 2021 - 87th Regular

Texas House Bill HB1201 Compare Versions

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

Old	New	Differences
1	1	87R4642 MWC-D
2	2	By: Wu H.B. No. 1201
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to alternative settings for behavior management in public
8	8	schools, including the development of restorative discipline
9	9	practices as part of a school district's discipline and placement
10	10	of a student in a disciplinary alternative education program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.0012(d), Education Code, is amended
13	13	to read as follows:
14	14	(d) The campus behavior coordinator shall promptly notify a
15	15	student's parent or guardian as provided by this subsection if
16	16	under this subchapter the student is placed into in-school or
17	17	out-of-school suspension, placed in a disciplinary alternative
18	18	education program, expelled, or placed in a juvenile justice
19	19	alternative education program or is taken into custody by a law
20	20	enforcement officer. A campus behavior coordinator must comply
21	21	with this subsection by:
22	22	(1) promptly contacting the parent or guardian by
23	23	telephone or in person; and
24	24	(2) making a good faith effort to provide written
25	25	notice [of the disciplinary action] to the student, on the day
26	26	disciplinary [the] action is taken, for delivery to the student's
27	27	parent or guardian, of:
28	28	(A) the action taken; and
29	29	(B) any restorative discipline practices used
30	30	under Section 37.0017 before action has been taken under
31	31	Subparagraph (A).
32	32	SECTION 2. Subchapter A, Chapter 37, Education Code, is
33	33	amended by adding Section 37.0017 to read as follows:
34	34	Sec. 37.0017. USE OF RESTORATIVE DISCIPLINE PRACTICES. (a)
35	35	In this section, "restorative discipline practices" includes
36	36	practices that address student behavior by building relationships
37	37	and encouraging belonging over exclusion, social engagement over
38	38	control, and meaningful accountability over punishment.
39	39	(b) Each school district and open-enrollment charter school
40	40	shall develop and implement restorative discipline practices as
41	41	alternatives to disciplinary measures.
42	42	(c) If disciplinary action is discretionary under this
43	43	subchapter, the campus behavior coordinator or another appropriate
44	44	administrator shall attempt restorative discipline practices
45	45	developed and implemented under Subsection (b) as an alternative
46	46	method for managing a student's behavior before:
47	47	(1) placing the student into in-school or
48	48	out-of-school suspension;
49	49	(2) placing the student in a disciplinary alternative
50	50	education program;
51	51	(3) expelling the student; or
52	52	(4) placing the student in a juvenile justice
53	53	alternative education program.
54	54	(d) A school district or open-enrollment charter school
55	55	shall document each use of a restorative discipline practice
56	56	implemented under Subsection (b) and any outcome on student
57	57	behavior.
58	58	SECTION 3. Sections 37.006(c), (d), and (f), Education
59	59	Code, are amended to read as follows:
60	60	(c) In addition to Subsections (a) and (b), a student shall
61	61	be removed from class and placed in a disciplinary alternative
62	62	education program under Section 37.008 based on conduct occurring
63	63	off campus and while the student is not in attendance at a
64	64	school-sponsored or school-related activity if:
65	65	(1) the student receives deferred prosecution under
66	66	Section 53.03, Family Code, for conduct defined as[:
67	67	[(A)] a felony offense in Title 5, Penal Code[;
68	68	or
69	69	[(B) the felony offense of aggravated robbery
70	70	under Section 29.03, Penal Code];
71	71	(2) a court or jury finds that the student has engaged
72	72	in delinquent conduct under Section 54.03, Family Code, for conduct
73	73	defined as[:
74	74	[(A)] a felony offense in Title 5, Penal Code; or
75	75	[(B) the felony offense of aggravated robbery
76	76	under Section 29.03, Penal Code; or]
77	77	(3) the superintendent or the superintendent's
78	78	designee has a reasonable belief that the student has engaged in a
79	79	conduct defined as[:
80	80	[(A)] a felony offense in Title 5, Penal Code[;
81	81	or
82	82	[(B) the felony offense of aggravated robbery
83	83	under Section 29.03, Penal Code].
84	84	(d) In addition to Subsections (a), (b), and (c), a student
85	85	may be removed from class and placed in a disciplinary alternative
86	86	education program under Section 37.008 based on conduct occurring
87	87	off campus and while the student is not in attendance at a
88	88	school-sponsored or school-related activity if:
89	89	(1) the superintendent or the superintendent's
90	90	designee has a reasonable belief that the student has engaged in
91	91	conduct defined as a felony offense other than an offense
92	92	[aggravated robbery under Section 29.03, Penal Code, or those
93	93	offenses] defined in Title 5, Penal Code; and
94	94	(2) the continued presence of the student in the
95	95	regular classroom threatens the safety of other students or
96	96	teachers or will be detrimental to the educational process.
97	97	(f) Subject to Section 37.007(e), a student who is younger
98	98	than 12 [10] years of age shall be removed from class and placed in a
99	99	disciplinary alternative education program under Section 37.008 if
100	100	the student engages in conduct described by Section 37.007. An
101	101	elementary school student may not be placed in a disciplinary
102	102	alternative education program with any other student who is not an
103	103	elementary school student.
104	104	SECTION 4. Sections 37.007(e) and (h), Education Code, are
105	105	amended to read as follows:
106	106	(e) In accordance with 20 U.S.C. Section 7961 [7151], a
107	107	local educational agency, including a school district, home-rule
108	108	school district, or open-enrollment charter school, shall expel a
109	109	student who brings a firearm, as defined by 18 U.S.C. Section 921,
110	110	to school. The student must be expelled from the student's regular
111	111	campus for a period of at least one year, except that:
112	112	(1) the superintendent or other chief administrative
113	113	officer of the school district or of the other local educational
114	114	agency, as defined by 20 U.S.C. Section 7801, may modify the length
115	115	of the expulsion in the case of an individual student;
116	116	(2) the district or other local educational agency
117	117	shall provide educational services to an expelled student in a
118	118	disciplinary alternative education program as provided by Section
119	119	37.008 if the student is younger than 12 [10] years of age on the
120	120	date of expulsion; and
121	121	(3) the district or other local educational agency may
122	122	provide educational services to an expelled student who is 12 [10]
123	123	years of age or older in a disciplinary alternative education
124	124	program as provided in Section 37.008.
125	125	(h) Subject to Subsection (e), notwithstanding any other
126	126	provision of this section, a student who is younger than 12 [10]
127	127	years of age may not be expelled for engaging in conduct described
128	128	by this section.
129	129	SECTION 5. Section 37.009, Education Code, is amended by
130	130	adding Subsection (d-1) to read as follows:
131	131	(d-1) The period of the placement in a disciplinary
132	132	alternative education program determined under Subsection (a) or
133	133	(d) begins on the first school day after the date the conference is
134	134	held under Subsection (a) and includes days the student is:
135	135	(1) placed into in-school or out-of-school
136	136	suspension;
137	137	(2) awaiting placement or enrollment in a disciplinary
138	138	alternative education program or juvenile justice alternative
139	139	education program; or
140	140	(3) otherwise removed from class.
141	141	SECTION 6. This Act applies beginning with the 2021-2022
142	142	school year.
143	143	SECTION 7. This Act takes effect immediately if it receives
144	144	a vote of two-thirds of all the members elected to each house, as
145	145	provided by Section 39, Article III, Texas Constitution. If this
146	146	Act does not receive the vote necessary for immediate effect, this
147	147	Act takes effect September 1, 2021.