Texas 2021 - 87th Regular

Texas House Bill HB2278 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R3796 TSS-F
2		-	By: Bernal~~, Talarico~~ H.B. No. 2278
	2	+	By: Bernal H.B. No. 2278
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the expulsion of public school students for engaging in
8	8		conduct that constitutes serious offenses.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Section 37.007, Education Code, is amended to
11	11		read as follows:
12	12		Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) Subject
13	13		to the considerations required under Subsection (c) and except
14	14		[Except] as provided by Subsection (h) [(k)], a student shall be
15	15		expelled from a school if the student:
16	16		(1) while[,] on school property or while attending a
17	17		school-sponsored or school-related activity on or off of school
18	18		property:
19	19		(A) [(1)] engages in conduct that contains the
20	20		elements of the offense of unlawfully carrying weapons under
21	21		Section 46.02, Penal Code, or elements of an offense relating to
22	22		prohibited weapons under Section 46.05, Penal Code;
23	23		(B) [(2)] engages in conduct that contains the
24	24		elements of the offense of:
25	25		(i) [(A)] aggravated assault under Section
26	26		22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
27	27		or aggravated sexual assault under Section 22.021, Penal Code;
28	28		(ii) [(B)] arson under Section 28.02, Penal
29	29		Code;
30	30		(iii) [(C)] murder under Section 19.02,
31	31		Penal Code, capital murder under Section 19.03, Penal Code, or
32	32		criminal attempt, under Section 15.01, Penal Code, to commit murder
33	33		or capital murder;
34	34		(iv) [(D)] indecency with a child under
35	35		Section 21.11, Penal Code;
36	36		(v) [(E)] aggravated kidnapping under
37	37		Section 20.04, Penal Code;
38	38		(vi) [(F)] aggravated robbery under
39	39		Section 29.03, Penal Code;
40	40		(vii) [(G)] manslaughter under Section
41	41		19.04, Penal Code;
42	42		(viii) [(H)] criminally negligent homicide
43	43		under Section 19.05, Penal Code; or
44	44		(ix) [(I)] continuous sexual abuse of young
45	45		child or children under Section 21.02, Penal Code; or
46	46		(C) [(3)] engages in conduct specified by
47	47		Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a
48	48		felony; or
49	49		(2) engages in conduct that contains the elements of
50	50		any offense listed in Subdivision (1) against any employee or
51	51		volunteer in retaliation for or as a result of the person's
52	52		employment or association with a school district, without regard to
53	53		whether the conduct occurs on or off of school property or while
54	54		attending a school-sponsored or school-related activity on or off
55	55		of school property.
56	56		(b) Subject to the considerations required under Subsection
57	57		(c), a [A] student may be expelled if the student:
58	58		(1) engages in conduct involving a public school that
59	59		contains the elements of the offense of false alarm or report under
60	60		Section 42.06, Penal Code, or terroristic threat under Section
61	61		22.07, Penal Code;
62	62		(2) while on or within 300 feet of school property, as
63	63		measured from any point on the school's real property boundary
64	64		line, or while attending a school-sponsored or school-related
65	65		activity on or off of school property:
66	66		(A) sells, gives, or delivers to another person
67	67		or possesses, uses, or is under the influence of any amount of:
68	68		(i) marihuana or a controlled substance, as
69	69		defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
70	70		Section 801 et seq.;
71	71		(ii) a dangerous drug, as defined by
72	72		Chapter 483, Health and Safety Code; or
73	73		(iii) an alcoholic beverage, as defined by
74	74		Section 1.04, Alcoholic Beverage Code;
75	75		(B) engages in conduct that contains the elements
76	76		of an offense relating to an abusable volatile chemical under
77	77		Section [Sections] 485.031, 485.032, 485.033, or [through]
78	78		485.034, Health and Safety Code;
79	79		(C) engages in conduct that contains the elements
80	80		of an offense under Section 22.01(a)(1), Penal Code, against a
81	81		school district employee or a volunteer as defined by Section
82	82		22.053 of this code; or
83	83		(D) engages in conduct that contains the elements
84	84		of the offense of deadly conduct under Section 22.05, Penal Code;
85	85		(3) subject to Subsection (a)(2) [(d)], while within
86	86		300 feet of school property, as measured from any point on the
87	87		school's real property boundary line:
88	88		(A) engages in conduct specified by Subsection
89	89		(a)(1); or
90	90		(B) possesses a firearm, as defined by 18 U.S.C.
91	91		Section 921;
92	92		(4) engages in conduct that contains the elements of
93	93		any offense listed in Subsection (a)(1)(B)(i) [(a)(2)(A)] or (iii)
94	94		[(C)] or the offense of aggravated robbery under Section 29.03,
95	95		Penal Code, against another student, without regard to whether the
96	96		conduct occurs on or off of school property or while attending a
97	97		school-sponsored or school-related activity on or off of school
98	98		property; [or]
99	99		(5) engages in conduct that contains the elements of
100	100		the offense of breach of computer security under Section 33.02,
101	101		Penal Code, if:
102	102		(A) the conduct involves accessing a computer,
103	103		computer network, or computer system owned by or operated on behalf
104	104		of a school district; and
105	105		(B) the student knowingly:
106	106		(i) alters, damages, or deletes school
107	107		district property or information; or
108	108		(ii) commits a breach of any other
109	109		computer, computer network, or computer system;
110	110		(6) [. (c) A student may be expelled if the student,]
111	111		while placed in a disciplinary alternative education program,
112	112		engages in any of the following documented serious misbehavior
113	113		while on the program campus despite documented behavioral
114	114		interventions[. For purposes of this subsection, "serious
115	115		misbehavior" means]:
116	116		(A) [(1)] deliberate violent behavior that poses
117	117		a direct threat to the health or safety of others;
118	118		(B) [(2)] extortion, meaning the gaining of
119	119		money or other property by force or threat;
120	120		(C) [(3)] conduct that constitutes coercion, as
121	121		defined by Section 1.07, Penal Code; or
122	122		(D) [(4)] conduct that constitutes the offense
123	123		of:
124	124		(i) [(A)] public lewdness under Section
125	125		21.07, Penal Code;
126	126		(ii) [(B)] indecent exposure under Section
127	127		21.08, Penal Code;
128	128		(iii) [(C)] criminal mischief under
129	129		Section 28.03, Penal Code;
130	130		(iv) [(D)] personal hazing under Section
131	131		37.152; or
132	132		(v) [(E)] harassment under Section
133	133		42.07(a)(1), Penal Code, of a student or district employee;
134	134		(7) [. (d) A student shall be expelled if the student
135	135		engages in conduct that contains the elements of any offense listed
136	136		in Subsection (a), and may be expelled if the student] engages in
137	137		conduct that contains the elements of any offense listed in
138	138		Subdivision (2)(C) [Subsection (b)(2)(C)], against any employee or
139	139		volunteer in retaliation for or as a result of the person's
140	140		employment or association with a school district, without regard to
141	141		whether the conduct occurs on or off of school property or while
142	142		attending a school-sponsored or school-related activity on or off
143	143		of school property;
144	144		(8) engages in conduct that contains the elements of
145	145		the offense of criminal mischief under Section 28.03, Penal Code,
146	146		if the conduct is punishable as a felony under that section; or
147	147		(9) engages in conduct described by Subsection (a)(1)
148	148		while:
149	149		(A) on school property of another district in
150	150		this state; or
151	151		(B) attending a school-sponsored or
152	152		school-related activity of a school in another district in this
153	153		state.
154	154		(c) A school district shall consider each factor listed
155	155		under Section 37.001(a)(4) before making a decision to expel a
156	156		student under Subsection (a) or (b).
157	157		(d) [(e)] In accordance with 20 U.S.C. Section 7151, a local
158	158		educational agency, including a school district, home-rule school
159	159		district, or open-enrollment charter school, shall expel a student
160	160		who brings a firearm, as defined by 18 U.S.C. Section 921, to
161	161		school. The student must be expelled from the student's regular
162	162		campus for a period of at least one year, except that:
163	163		(1) the superintendent or other chief administrative
164	164		officer of the school district or of the other local educational
165	165		agency, as defined by 20 U.S.C. Section 7801, may modify the length
166	166		of the expulsion in the case of an individual student;
167	167		(2) the district or other local educational agency
168	168		shall provide educational services to an expelled student in a
169	169		disciplinary alternative education program as provided by Section
170	170		37.008 if the student is younger than 10 years of age on the date of
171	171		expulsion; and
172	172		(3) the district or other local educational agency may
173	173		provide educational services to an expelled student who is 10 years
174	174		of age or older in a disciplinary alternative education program as
175	175		provided in Section 37.008.
176	176		(e) [(f)] A student who engages in conduct described by
177	177		Subsection (b)(8) [that contains the elements of the offense of
178	178		criminal mischief under Section 28.03, Penal Code, may be expelled
179	179		at the district's discretion if the conduct is punishable as a
180	180		felony under that section. The student] shall be referred to the
181	181		authorized officer of the juvenile court regardless of whether the
182	182		student is expelled under Subsection (b).
183	183		(f) [(g)] In addition to any notice required under Article
184	184		15.27, Code of Criminal Procedure, a school district shall inform
185	185		each educator who has responsibility for, or is under the direction
186	186		and supervision of an educator who has responsibility for, the
187	187		instruction of a student who has engaged in any violation listed in
188	188		this section of the student's misconduct. Each educator shall keep
189	189		the information received under this subsection confidential from
190	190		any person not entitled to the information under this subsection,
191	191		except that the educator may share the information with the
192	192		student's parent or guardian as provided for by state or federal
193	193		law. The State Board for Educator Certification may revoke or
194	194		suspend the certification of an educator who intentionally violates
195	195		this subsection.
196	196		(g) [(h)] Subject to Subsection (d) [(e)], notwithstanding
197	197		any other provision of this section, a student who is younger than
198	198		10 years of age may not be expelled for engaging in conduct
199	199		described by this section.
200	200		(h) [(i) A student who engages in conduct described by
201	201		Subsection (a) may be expelled from school by the district in which
202	202		the student attends school if the student engages in that conduct:
203	203		[(1) on school property of another district in this
204	204		state; or
205	205		[(2) while attending a school-sponsored or
206	206		school-related activity of a school in another district in this
207	207		state.
208	208		[(k)] A student may not be expelled solely on the basis of
209	209		the student's use, exhibition, or possession of a firearm that
210	210		occurs:
211	211		(1) at an approved target range facility that is not
212	212		located on a school campus; and
213	213		(2) while participating in or preparing for a
214	214		school-sponsored shooting sports competition or a shooting sports
215	215		educational activity that is sponsored or supported by the Parks
216	216		and Wildlife Department or a shooting sports sanctioning
217	217		organization working with the department.
218	218		(i) [(l)] Subsection (h) [(k)] does not authorize a student
219	219		to bring a firearm on school property to participate in or prepare
220	220		for a school-sponsored shooting sports competition or a shooting
221	221		sports educational activity described by that subsection.
222	222		SECTION 2. Section 37.001(e), Education Code, is amended to
223	223		read as follows:
224	224		(e) Except as provided by Section 37.007(d) [37.007(e)],
225	225		this subchapter does not require the student code of conduct to
226	226		specify a minimum term of a removal under Section 37.006 or an
227	227		expulsion under Section 37.007.
228	228		SECTION 3. Section 37.002(d), Education Code, is amended to
229	229		read as follows:
230	230		(d) A teacher shall remove from class and send to the
231	231		principal for placement in a disciplinary alternative education
232	232		program or for expulsion, as appropriate, a student who engages in
233	233		conduct described under Section 37.006 or 37.007. The student may
234	234		not be returned to that teacher's class without the teacher's
235	235		consent unless the committee established under Section 37.003
236	236		determines that such placement is the best or only alternative
237	237		available. If the teacher removed the student from class because
238	238		the student has engaged in the elements of any offense listed in
239	239		Section 37.006(a)(2)(B) or Section 37.007(a)(1)(B)(i)
240	240		[37.007(a)(2)(A)] or (b)(2)(C) against the teacher, the student may
241	241		not be returned to the teacher's class without the teacher's
242	242		consent. The teacher may not be coerced to consent.
243	243		SECTION 4. Section 37.0021(f), Education Code, is amended
244	244		to read as follows:
245	245		(f) For purposes of this subsection, "weapon" includes any
246	246		weapon described under Section 37.007(a)(1)(A) [37.007(a)(1)].
247	247		This section does not prevent a student's locked, unattended
248	248		confinement in an emergency situation while awaiting the arrival of
249	249		law enforcement personnel if:
250	250		(1) the student possesses a weapon; and
251	251		(2) the confinement is necessary to prevent the
252	252		student from causing bodily harm to the student or another person.
253	253		SECTION 5. Sections 37.006(b), (f), and (l), Education
254	254		Code, are amended to read as follows:
255	255		(b) Except as provided by Sections 37.007(a)(2) and (b)(7)
256	256		[Section 37.007(d)], a student shall be removed from class and
257	257		placed in a disciplinary alternative education program under
258	258		Section 37.008 if the student engages in conduct on or off of school
259	259		property that contains the elements of the offense of retaliation
260	260		under Section 36.06, Penal Code, against any school employee.
261	261		(f) Subject to Section 37.007(d) [37.007(e)], a student who
262	262		is younger than 10 years of age shall be removed from class and
263	263		placed in a disciplinary alternative education program under
264	264		Section 37.008 if the student engages in conduct described by
265	265		Section 37.007. An elementary school student may not be placed in a
266	266		disciplinary alternative education program with any other student
267	267		who is not an elementary school student.
268	268		(l) Notwithstanding any other provision of this code, other
269	269		than Section 37.007(d)(2) [37.007(e)(2)], a student who is younger
270	270		than six years of age may not be removed from class and placed in a
271	271		disciplinary alternative education program.
272	272		SECTION 6. Section 37.010(b), Education Code, is amended to
273	273		read as follows:
274	274		(b) If a student is expelled under Section 37.007(b)(6)
275	275		[37.007(c)], the board or its designee shall refer the student to
276	276		the authorized officer of the juvenile court for appropriate
277	277		proceedings under Title 3, Family Code.
278	278		SECTION 7. Sections 37.011(b), (h), (k), (l), and (p),
279	279		Education Code, are amended to read as follows:
280	280		(b) If a student admitted into the public schools of a
281	281		school district under Section 25.001(b) is expelled from school
282	282		[for conduct for which expulsion is required] under Section
283	283		37.007(a) or (d) [37.007(a), (d), or (e)], or for conduct that
284	284		contains the elements of the offense of terroristic threat as
285	285		described by Section 22.07(c-1), (d), or (e), Penal Code, the
286	286		juvenile court, the juvenile board, or the juvenile board's
287	287		designee, as appropriate, shall:
288	288		(1) if the student is placed on probation under
289	289		Section 54.04, Family Code, order the student to attend the
290	290		juvenile justice alternative education program in the county in
291	291		which the student resides from the date of disposition as a
292	292		condition of probation, unless the child is placed in a
293	293		post-adjudication treatment facility;
294	294		(2) if the student is placed on deferred prosecution
295	295		under Section 53.03, Family Code, by the court, prosecutor, or
296	296		probation department, require the student to immediately attend the
297	297		juvenile justice alternative education program in the county in
298	298		which the student resides for a period not to exceed six months as a
299	299		condition of the deferred prosecution;
300	300		(3) in determining the conditions of the deferred
301	301		prosecution or court-ordered probation, consider the length of the
302	302		school district's expulsion order for the student; and
303	303		(4) provide timely educational services to the student
304	304		in the juvenile justice alternative education program in the county
305	305		in which the student resides, regardless of the student's age or
306	306		whether the juvenile court has jurisdiction over the student.
307	307		(h) Academically, the mission of juvenile justice
308	308		alternative education programs shall be to enable students to
309	309		perform at grade level. For purposes of accountability under
310	310		Chapters 39 and 39A, a student enrolled in a juvenile justice
311	311		alternative education program is reported as if the student were
312	312		enrolled at the student's assigned campus in the student's
313	313		regularly assigned education program, including a special
314	314		education program. Annually the Texas Juvenile Justice Department,
315	315		with the agreement of the commissioner, shall develop and implement
316	316		a system of accountability consistent with Chapters 39 and 39A,
317	317		where appropriate, to assure that students make progress toward
318	318		grade level while attending a juvenile justice alternative
319	319		education program. The department shall adopt rules for the
320	320		distribution of funds appropriated under this section to juvenile
321	321		boards in counties required to establish juvenile justice
322	322		alternative education programs. Except as determined by the
323	323		commissioner, a student served by a juvenile justice alternative
324	324		education program on the basis of an expulsion [required] under
325	325		Section 37.007(a) or (d) [37.007(a), (d), or (e)] is not eligible
326	326		for Foundation School Program funding under Chapter 31 or 48 if the
327	327		juvenile justice alternative education program receives funding
328	328		from the department under this subchapter.
329	329		(k) Each school district in a county with a population
330	330		greater than 125,000 and the county juvenile board shall annually
331	331		enter into a joint memorandum of understanding that:
332	332		(1) outlines the responsibilities of the juvenile
333	333		board concerning the establishment and operation of a juvenile
334	334		justice alternative education program under this section;
335	335		(2) defines the amount and conditions on payments from
336	336		the school district to the juvenile board for students of the school
337	337		district served in the juvenile justice alternative education
338	338		program whose placement was not made on the basis of an expulsion
339	339		[required] under Section 37.007(a) or (d) [37.007(a), (d), or (e)];
340	340		(3) establishes that a student may be placed in the
341	341		juvenile justice alternative education program if the student
342	342		engages in any serious misbehavior described[, as defined] by
343	343		Section 37.007(b)(6) [37.007(c)];
344	344		(4) identifies and requires a timely placement and
345	345		specifies a term of placement for expelled students for whom the
346	346		school district has received a notice under Section 52.041(d),
347	347		Family Code;
348	348		(5) establishes services for the transitioning of
349	349		expelled students to the school district prior to the completion of
350	350		the student's placement in the juvenile justice alternative
351	351		education program;
352	352		(6) establishes a plan that provides transportation
353	353		services for students placed in the juvenile justice alternative
354	354		education program;
355	355		(7) establishes the circumstances and conditions
356	356		under which a juvenile may be allowed to remain in the juvenile
357	357		justice alternative education program setting once the juvenile is
358	358		no longer under juvenile court jurisdiction; and
359	359		(8) establishes a plan to address special education
360	360		services required by law.
361	361		(l) The school district shall be responsible for providing
362	362		an immediate educational program to students who engage in behavior
363	363		resulting in expulsion under Section 37.007(b) [and (f)] but who
364	364		are not eligible for admission into the juvenile justice
365	365		alternative education program in accordance with the memorandum of
366	366		understanding required under this section. The school district may
367	367		provide the program or the school district may contract with a
368	368		county juvenile board, a private provider, or one or more other
369	369		school districts to provide the program. The memorandum of
370	370		understanding shall address the circumstances under which such
371	371		students who continue to engage in any serious misbehavior
372	372		described[, as defined] by Section 37.007(b)(6) [37.007(c),] shall
373	373		be admitted into the juvenile justice alternative education
374	374		program.
375	375		(p) If a district elects to contract with the juvenile board
376	376		for placement in the juvenile justice alternative education program
377	377		of students expelled under Section 37.007(b)[, (c), and (f)] and
378	378		the juvenile board and district are unable to reach an agreement in
379	379		the memorandum of understanding, either party may request that the
380	380		issues of dispute be referred to a binding arbitration process that
381	381		uses a qualified alternative dispute resolution arbitrator in which
382	382		each party will pay its pro rata share of the arbitration costs.
383	383		Each party must submit its final proposal to the arbitrator. If the
384	384		parties cannot agree on an arbitrator, the juvenile board shall
385	385		select an arbitrator, the school districts shall select an
386	386		arbitrator, and those two arbitrators shall select an arbitrator
387	387		who will decide the issues in dispute. An arbitration decision
388	388		issued under this subsection is enforceable in a court in the county
389	389		in which the juvenile justice alternative education program is
390	390		located. Any decision by an arbitrator concerning the amount of the
391	391		funding for a student who is expelled and attending a juvenile
392	392		justice alternative education program must provide an amount
393	393		sufficient based on operation of the juvenile justice alternative
394	394		education program in accordance with this chapter. In determining
395	395		the amount to be paid by a school district for an expelled student
396	396		enrolled in a juvenile justice alternative education program, the
397	397		arbitrator shall consider the relevant factors, including evidence
398	398		of:
399	399		(1) the actual average total per student expenditure
400	400		in the district's alternative education setting;
401	401		(2) the expected per student cost in the juvenile
402	402		justice alternative education program as described and agreed on in
403	403		the memorandum of understanding and in compliance with this
404	404		chapter; and
405	405		(3) the costs necessary to achieve the accountability
406	406		goals under this chapter.
407	407		SECTION 8. Section 37.012(a), Education Code, is amended to
408	408		read as follows:
409	409		(a) Subject to Section 37.011(n), the school district in
410	410		which a student is enrolled on the date the student is expelled [for
411	411		conduct for which expulsion is permitted but not required] under
412	412		Section 37.007(b) [37.007] shall, if the student is served by the
413	413		juvenile justice alternative education program, provide funding to
414	414		the juvenile board for the portion of the school year for which the
415	415		juvenile justice alternative education program provides
416	416		educational services in an amount determined by the memorandum of
417	417		understanding under Section 37.011(k)(2).
418	418		SECTION 9. Section 37.015(a), Education Code, is amended to
419	419		read as follows:
420	420		(a) The principal of a public or private primary or
421	421		secondary school, or a person designated by the principal under
422	422		Subsection (d), shall notify any school district police department
423	423		and the police department of the municipality in which the school is
424	424		located or, if the school is not in a municipality, the sheriff of
425	425		the county in which the school is located if the principal has
426	426		reasonable grounds to believe that any of the following activities
427	427		occur in school, on school property, or at a school-sponsored or
428	428		school-related activity on or off school property, whether or not
429	429		the activity is investigated by school security officers:
430	430		(1) conduct that may constitute an offense listed
431	431		under Section 508.149, Government Code;
432	432		(2) deadly conduct under Section 22.05, Penal Code;
433	433		(3) a terroristic threat under Section 22.07, Penal
434	434		Code;
435	435		(4) the use, sale, or possession of a controlled
436	436		substance, drug paraphernalia, or marihuana under Chapter 481,
437	437		Health and Safety Code;
438	438		(5) the possession of any of the weapons or devices
439	439		listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
440	440		Code;
441	441		(6) conduct that may constitute a criminal offense
442	442		under Section 71.02, Penal Code; or
443	443		(7) conduct that may constitute a criminal offense for
444	444		which a student may be expelled under Section 37.007(a) or (d)
445	445		[37.007(a), (d), or (e)].
446	446		SECTION 10. Section 37.020(c), Education Code, is amended
447	447		to read as follows:
448	448		(c) For each expulsion under Section 37.007, the district
449	449		shall report:
450	450		(1) information identifying the student, including
451	451		the student's race, sex, and date of birth, that will enable the
452	452		agency to compare placement data with information collected through
453	453		other reports;
454	454		(2) information indicating whether the expulsion was
455	455		based on:
456	456		(A) conduct described by [for which expulsion is
457	457		required under] Section 37.007(a) [37.007, including information
458	458		specifically indicating whether a student was expelled on the basis
459	459		of Section 37.007(e)]; [or]
460	460		(B) conduct described by [for which expulsion is
461	461		permitted under] Section 37.007(b) [37.007]; or
462	462		(C) conduct described by Section 37.007(d);
463	463		(3) the number of full or partial days the student was
464	464		expelled;
465	465		(4) information indicating whether:
466	466		(A) the student was placed in a juvenile justice
467	467		alternative education program under Section 37.011;
468	468		(B) the student was placed in a disciplinary
469	469		alternative education program; or
470	470		(C) the student was not placed in a juvenile
471	471		justice or other disciplinary alternative education program; and
472	472		(5) the number of expulsions that were inconsistent
473	473		with the guidelines included in the student code of conduct under
474	474		Section 37.001(a)(5).
475	475		SECTION 11. Section 37.022(c), Education Code, is amended
476	476		to read as follows:
477	477		(c) Subject to Section 37.007(d) [37.007(e)], the district
478	478		or school in which the student enrolls may continue the
479	479		disciplinary action under the terms of the order or may allow the
480	480		student to attend regular classes without completing the period of
481	481		disciplinary action.
482	482		SECTION 12. Section 37.310, Education Code, is amended to
483	483		read as follows:
484	484		Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN
485	485		JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice
486	486		alternative education program is entitled to funding for a student
487	487		who is placed in the program under this subchapter in the same
488	488		manner as a juvenile justice alternative education program is
489	489		entitled to funding under Section 37.012 for a student who is
490	490		expelled and placed in a juvenile justice alternative education
491	491		program for conduct described by [for which expulsion is permitted
492	492		but not required under] Section 37.007(b) [37.007].
493	493		SECTION 13. Section 51.03(b), Family Code, is amended to
494	494		read as follows:
495	495		(b) Conduct indicating a need for supervision is:
496	496		(1) subject to Subsection (f), conduct, other than a
497	497		traffic offense, that violates:
498	498		(A) the penal laws of this state of the grade of
499	499		misdemeanor that are punishable by fine only; or
500	500		(B) the penal ordinances of any political
501	501		subdivision of this state;
502	502		(2) the voluntary absence of a child from the child's
503	503		home without the consent of the child's parent or guardian for a
504	504		substantial length of time or without intent to return;
505	505		(3) conduct prohibited by city ordinance or by state
506	506		law involving the inhalation of the fumes or vapors of paint and
507	507		other protective coatings or glue and other adhesives and the
508	508		volatile chemicals itemized in Section 485.001, Health and Safety
509	509		Code;
510	510		(4) an act that violates a school district's
511	511		previously communicated written standards of student conduct for
512	512		which the child has been expelled under Section 37.007(b)(6)
513	513		[37.007(c)], Education Code;
514	514		(5) notwithstanding Subsection (a)(1), conduct
515	515		described by Section 43.02(a) or (b), Penal Code; or
516	516		(6) notwithstanding Subsection (a)(1), conduct that
517	517		violates Section 43.261, Penal Code.
518	518		SECTION 14. This Act applies beginning with the 2021-2022
519	519		school year.
520	520		SECTION 15. This Act takes effect immediately if it
521	521		receives a vote of two-thirds of all the members elected to each
522	522		house, as provided by Section 39, Article III, Texas Constitution.
523	523		If this Act does not receive the vote necessary for immediate
524	524		effect, this Act takes effect September 1, 2021.