Texas 2021 - 87th Regular

Texas House Bill HB62 Compare Versions

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

Old	New	Differences
1	1	By: Talarico H.B. No. 62
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the use of disciplinary alternatives to suspension by a
7	7	school district and the creation of the restorative justice
8	8	coordinating council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 37.0013, Education Code,
11	11	is amended to read as follows:
12	12	Sec. 37.0013. POSITIVE BEHAVIOR AND RESTORATIVE JUSTICE
13	13	PROGRAM.
14	14	SECTION 2. Section 37.0013, Education Code, is amended by
15	15	amending Subsection (a) and adding Subsections (a-1) and (c) to
16	16	read as follows:
17	17	(a) Each school district and open-enrollment charter school
18	18	shall [may] develop and implement a program, in consultation with
19	19	campus behavior coordinators employed by the district or school and
20	20	representatives of a regional education service center, through
21	21	which the district or school may provide an [that provides a
22	22	disciplinary] alternative to suspension for a student enrolled in
23	23	any [a] grade level [below grade three] who engages in conduct
24	24	described by Section 37.005(a), including conduct that violates a
25	25	penal law of this state [and is not subject to Section 37.005(c)].
26	26	The program must:
27	27	(1) be culturally responsive, age-appropriate and
28	28	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	(c) A school district or open-enrollment charter school may
50	50	contract with a service provider approved by the restorative
51	51	justice coordinating council established under Subchapter H to:
52	52	(1) develop and implement a program required under
53	53	Subsection (a); and
54	54	(2) assist the district or school in providing an
55	55	alternative to suspension under that program.
56	56	SECTION 3. Chapter 37, Education Code, is amended by adding
57	57	Subchapter H to read as follows:
58	58	SUBCHAPTER H. RESTORATIVE JUSTICE COORDINATING COUNCIL
59	59	Sec. 37.251. DEFINITIONS. In this subchapter:
60	60	(1) "Council" means the restorative justice
61	61	coordinating council established under this subchapter.
62	62	(2) "Restorative justice" means an approach to justice
63	63	that emphasizes repairing harm caused by a person's conduct to
64	64	another person or to the community.
65	65	Sec. 37.252. ESTABLISHMENT; PURPOSES. The restorative
66	66	justice coordinating council is established to assist the agency
67	67	and school districts in developing and delivering restorative
68	68	justice programs and training, including by:
69	69	(1) serving as a central repository for restorative
70	70	justice information; and
71	71	(2) providing technical assistance to school
72	72	districts in providing or developing restorative justice programs.
73	73	Sec. 37.253. COUNCIL MEMBERS; TERMS. (a) The council
74	74	consists of 15 members as follows:
75	75	(1) one member representing the agency, appointed by
76	76	the commissioner;
77	77	(2) one member representing a regional education
78	78	service center, appointed by the commissioner;
79	79	(3) three members representing public school
80	80	educators, who must include a classroom teacher, a principal, and a
81	81	superintendent, appointed by the commissioner;
82	82	(4) one member who is a victim's advocate with
83	83	experience in restorative justice practices, appointed by the chair
84	84	of the Texas Judicial Council;
85	85	(5) one member representing a statewide nonprofit
86	86	organization with expertise in restorative justice policy,
87	87	appointed by the chair of the Texas Judicial Council;
88	88	(6) three members who are restorative justice
89	89	practitioners, appointed by the chair of the Texas Judicial
90	90	Council;
91	91	(7) one member representing the Texas Department of
92	92	Criminal Justice, appointed by the executive director of the
93	93	department;
94	94	(8) one member representing the Board of Pardons and
95	95	Paroles, appointed by the presiding officer of the board;
96	96	(9) one member representing the Texas Juvenile Justice
97	97	Department, appointed by the executive director of the department;
98	98	and
99	99	(10) two members who are district, county, or
100	100	municipal court judges or justices of the peace, appointed by the
101	101	chair of the Texas Judicial Council.
102	102	(b) A council member shall serve a two-year term.
103	103	Sec. 37.254. RESTORATIVE JUSTICE DATABASE. (a) The
104	104	council shall develop and maintain a database of restorative
105	105	justice programs used by school districts in the state, including
106	106	the identification of best practices.
107	107	(b) The council shall review and, if necessary, update the
108	108	database at least once each year.
109	109	Sec. 37.255. REPORT. Not later than December 1 of each
110	110	even-numbered year, the council shall submit to the governor, the
111	111	lieutenant governor, and the speaker of the house of
112	112	representatives a report on the council's activities in the
113	113	preceding biennium and any recommendations for legislative or other
114	114	action.
115	115	SECTION 4. Section 37.0013, Education Code, as amended by
116	116	this Act, applies beginning with the 2021-2022 school year.
117	117	SECTION 5. (a) Not later than December 1, 2021, the
118	118	appropriate appointing authorities shall appoint the members of the
119	119	restorative justice coordinating council established under
120	120	Subchapter H, Chapter 37, Education Code, as added by this Act.
121	121	(b) Not later than September 1, 2022, the restorative
122	122	justice coordinating council shall develop the restorative justice
123	123	database required by Section 37.254, Education Code, as added by
124	124	this Act.
125	125	(c) Not later than December 1, 2022, the restorative justice
126	126	coordinating council shall submit its initial report required under
127	127	Section 37.255, Education Code, as added by this Act.
128	128	SECTION 6. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2021.