By: Talarico H.B. No. 62
A BILL TO BE ENTITLED
AN ACT
relating to the use of disciplinary alternatives to suspension by a
school district and the creation of the restorative justice
coordinating council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 37.0013, Education Code,
is amended to read as follows:
Sec. 37.0013. POSITIVE BEHAVIOR AND RESTORATIVE JUSTICE
PROGRAM.
SECTION 2. Section 37.0013, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (c) to
read as follows:
(a) Each school district and open-enrollment charter school
shall [may] develop and implement a program, in consultation with
campus behavior coordinators employed by the district or school and
representatives of a regional education service center, through
which the district or school may provide an [that provides a
disciplinary] alternative to suspension for a student enrolled in
any [a] grade level [below grade three] who engages in conduct
described by Section 37.005(a), including conduct that violates a
penal law of this state [and is not subject to Section 37.005(c)].
The program must:
(1) be culturally responsive, age-appropriate and
research-based;
(2) provide models for positive behavior;
(3) promote a positive school environment;
(4) provide alternative disciplinary courses of
action that do not rely on the use of in-school suspension,
out-of-school suspension, or placement in a disciplinary
alternative education program to manage student behavior; and
(5) provide behavior management strategies,
including:
(A) positive behavioral intervention and
support;
(B) trauma-informed practices;
(C) social and emotional learning;
(D) a referral for services, as necessary; and
(E) restorative justice practices.
(a-1) In this section, "restorative justice practices"
means practices that emphasize repairing harm caused by a person's
conduct to another person or to the community. The term includes a
victim-initiated conference, a family group conference, a
restorative circle, a community conference, or any other
victim-centered practice.
(c) A school district or open-enrollment charter school may
contract with a service provider approved by the restorative
justice coordinating council established under Subchapter H to:
(1) develop and implement a program required under
Subsection (a); and
(2) assist the district or school in providing an
alternative to suspension under that program.
SECTION 3. Chapter 37, Education Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. RESTORATIVE JUSTICE COORDINATING COUNCIL
Sec. 37.251. DEFINITIONS. In this subchapter:
(1) "Council" means the restorative justice
coordinating council established under this subchapter.
(2) "Restorative justice" means an approach to justice
that emphasizes repairing harm caused by a person's conduct to
another person or to the community.
Sec. 37.252. ESTABLISHMENT; PURPOSES. The restorative
justice coordinating council is established to assist the agency
and school districts in developing and delivering restorative
justice programs and training, including by:
(1) serving as a central repository for restorative
justice information; and
(2) providing technical assistance to school
districts in providing or developing restorative justice programs.
Sec. 37.253. COUNCIL MEMBERS; TERMS. (a) The council
consists of 15 members as follows:
(1) one member representing the agency, appointed by
the commissioner;
(2) one member representing a regional education
service center, appointed by the commissioner;
(3) three members representing public school
educators, who must include a classroom teacher, a principal, and a
superintendent, appointed by the commissioner;
(4) one member who is a victim's advocate with
experience in restorative justice practices, appointed by the chair
of the Texas Judicial Council;
(5) one member representing a statewide nonprofit
organization with expertise in restorative justice policy,
appointed by the chair of the Texas Judicial Council;
(6) three members who are restorative justice
practitioners, appointed by the chair of the Texas Judicial
Council;
(7) one member representing the Texas Department of
Criminal Justice, appointed by the executive director of the
department;
(8) one member representing the Board of Pardons and
Paroles, appointed by the presiding officer of the board;
(9) one member representing the Texas Juvenile Justice
Department, appointed by the executive director of the department;
and
(10) two members who are district, county, or
municipal court judges or justices of the peace, appointed by the
chair of the Texas Judicial Council.
(b) A council member shall serve a two-year term.
Sec. 37.254. RESTORATIVE JUSTICE DATABASE. (a) The
council shall develop and maintain a database of restorative
justice programs used by school districts in the state, including
the identification of best practices.
(b) The council shall review and, if necessary, update the
database at least once each year.
Sec. 37.255. REPORT. Not later than December 1 of each
even-numbered year, the council shall submit to the governor, the
lieutenant governor, and the speaker of the house of
representatives a report on the council's activities in the
preceding biennium and any recommendations for legislative or other
action.
SECTION 4. Section 37.0013, Education Code, as amended by
this Act, applies beginning with the 2021-2022 school year.
SECTION 5. (a) Not later than December 1, 2021, the
appropriate appointing authorities shall appoint the members of the
restorative justice coordinating council established under
Subchapter H, Chapter 37, Education Code, as added by this Act.
(b) Not later than September 1, 2022, the restorative
justice coordinating council shall develop the restorative justice
database required by Section 37.254, Education Code, as added by
this Act.
(c) Not later than December 1, 2022, the restorative justice
coordinating council shall submit its initial report required under
Section 37.255, Education Code, as added by this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.