Texas 2021 - 87th Regular

Texas Senate Bill SB2063 Compare Versions

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

Old	New	Differences
1	1	By: Menéndez S.B. No. 2063
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to public school discipline policies, practices, and
7	7	procedures regarding student substance use and substance abuse
8	8	prevention and intervention and mental health training for campus
9	9	behavior coordinators.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 37.0012, Education Code, is amended by
12	12	adding Subsection (g) to read as follows:
13	13	(g) A school district must provide annual training to each
14	14	campus behavior coordinator regarding:
15	15	(1) the research-based best practices for school
16	16	safety incorporated in the rules established for the safe and
17	17	supportive school program under Section 37.115(b); and
18	18	(2) the district's practices and procedures developed
19	19	under Sections 38.351(i) and 38.3515.
20	20	SECTION 2. Subchapter A, Chapter 37, Education Code, is
21	21	amended by adding Section 37.0053 to read as follows:
22	22	Sec. 37.0053. SUSPENSION, PLACEMENT, OR EXPULSION OF
23	23	STUDENTS FOR CONDUCT RELATED TO ALCOHOL OR DRUGS. (a) Except as
24	24	provided by Subsection (c), in determining the consequences for
25	25	student conduct relating to being under the influence of drugs or
26	26	alcohol as specified in Section 37.006(d)(2) or 37.007(b)(2)(A), a
27	27	school district may provide alternatives to suspension, placement
28	28	in a disciplinary alternative education program, or expulsion that:
29	29	(1) ensure the safety of all students;
30	30	(2) support students in need of services relating to
31	31	mental health or substance use; and
32	32	(3) are in accordance with the discipline policy
33	33	implemented under Section 37.024 and the substance abuse prevention
34	34	and intervention practices and procedures developed under Sections
35	35	38.351 and 38.3515.
36	36	(b) In providing alternatives under Subsection (a), the
37	37	district may require:
38	38	(1) the issuance of a warning letter to a student and
39	39	the student's parent or guardian that specifically describes the
40	40	student's conduct and explains the possible consequences if the
41	41	student engages in additional misconduct;
42	42	(2) a behavior contract with a student that:
43	43	(A) specifically describes any prohibited
44	44	behavior or behavior required of the student and the penalties for
45	45	additional alleged misconduct, including additional disciplinary
46	46	action; and
47	47	(B) must be signed by the student, the student's
48	48	parent or guardian, and the campus behavior coordinator; and
49	49	(3) a referral of a student to counseling,
50	50	community-based services, or other in-school or out-of-school
51	51	services related to substance use prevention and intervention.
52	52	(c) A school district shall provide alternatives to
53	53	suspension, placement in an alternative disciplinary education
54	54	program, or expulsion for conduct described by Subsection (a) if
55	55	the student self-reports the prohibited conduct. The alternatives
56	56	must include a standardized screening for substance misuse and any
57	57	necessary interventions and referrals described by Subsection
58	58	(b)(3).
59	59	(d) A district that suspends, places in an alternative
60	60	disciplinary education program, or expels a student for conduct
61	61	described by Subsection (a) shall:
62	62	(1) document any interventions relating to substance
63	63	use that the district has provided the student under Section 38.351
64	64	or 38.3515, including:
65	65	(A) assessing student needs relating to mental
66	66	health concerns, substance misuse, or suicide risk;
67	67	(B) providing for appropriate levels of
68	68	school-based interventions; and
69	69	(C) making referrals to community-based
70	70	services, when necessary; and
71	71	(2) provide for a standardized screening for misuse
72	72	that includes brief interventions or referrals, when needed.
73	73	SECTION 3. Sections 37.006(a) and (d), Education Code, are
74	74	amended to read as follows:
75	75	(a) A student shall be removed from class and placed in a
76	76	disciplinary alternative education program as provided by Section
77	77	37.008 if the student:
78	78	(1) engages in conduct involving a public school that
79	79	contains the elements of the offense of false alarm or report under
80	80	Section 42.06, Penal Code, or terroristic threat under Section
81	81	22.07, Penal Code; or
82	82	(2) commits the following on or within 300 feet of
83	83	school property, as measured from any point on the school's real
84	84	property boundary line, or while attending a school-sponsored or
85	85	school-related activity on or off of school property:
86	86	(A) engages in conduct punishable as a felony;
87	87	(B) engages in conduct that contains the elements
88	88	of the offense of assault under Section 22.01(a)(1), Penal Code;
89	89	(C) sells, gives, or delivers to another person
90	90	or possesses or uses [or is under the influence of]:
91	91	(i) marihuana or a controlled substance, as
92	92	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
93	93	Section 801 et seq.; or
94	94	(ii) a dangerous drug, as defined by
95	95	Chapter 483, Health and Safety Code;
96	96	(D) sells, gives, or delivers to another person
97	97	an alcoholic beverage, as defined by Section 1.04, Alcoholic
98	98	Beverage Code, or commits a serious act or offense while under the
99	99	influence of alcohol, or possesses, or uses, [or is under the
100	100	influence of an alcoholic beverage];
101	101	(E) engages in conduct that contains the elements
102	102	of an offense relating to an abusable volatile chemical under
103	103	Sections 485.031 through 485.034, Health and Safety Code;
104	104	(F) engages in conduct that contains the elements
105	105	of the offense of public lewdness under Section 21.07, Penal Code,
106	106	or indecent exposure under Section 21.08, Penal Code; or
107	107	(G) engages in conduct that contains the elements
108	108	of the offense of harassment under Section 42.07(a)(1), (2), (3),
109	109	or (7), Penal Code, against an employee of the school district.
110	110	(d) In addition to Subsections (a), (b), and (c), a student
111	111	may be removed from class and placed in a disciplinary alternative
112	112	education program under Section 37.008 if:
113	113	(1) based on conduct occurring off campus and while
114	114	the student is not in attendance at a school-sponsored or
115	115	school-related activity [if]:
116	116	(A) [(1)] the superintendent or the
117	117	superintendent's designee has a reasonable belief that the student
118	118	has engaged in conduct defined as a felony offense other than
119	119	aggravated robbery under Section 29.03, Penal Code, or those
120	120	offenses defined in Title 5, Penal Code; and
121	121	(B) [(2)] the continued presence of the student
122	122	in the regular classroom threatens the safety of other students or
123	123	teachers or will be detrimental to the educational process; or
124	124	(2) the student commits the following on or within 300
125	125	feet of school property, as measured from any point on the school's
126	126	real property boundary line, or while attending a school-sponsored
127	127	or school-related activity on or off of school property:
128	128	(A) subject to Section 37.0053(c), is under the
129	129	influence of:
130	130	(i) marihuana or a controlled substance, as
131	131	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
132	132	Section 801 et seq.; or
133	133	(ii) a dangerous drug, as defined by
134	134	Chapter 483, Health and Safety Code; or
135	135	(B) is under the influence of an alcoholic
136	136	beverage.
137	137	SECTION 4. Sections 37.007(a) and (b), Education Code, are
138	138	amended to read as follows:
139	139	(a) Except as provided by Subsection (k), a student shall be
140	140	expelled from a school if the student, on school property or while
141	141	attending a school-sponsored or school-related activity on or off
142	142	of school property:
143	143	(1) engages in conduct that contains the elements of
144	144	the offense of unlawfully carrying weapons under Section 46.02,
145	145	Penal Code, or elements of an offense relating to prohibited
146	146	weapons under Section 46.05, Penal Code; or
147	147	(2) engages in conduct that contains the elements of
148	148	the offense of:
149	149	(A) aggravated assault under Section 22.02,
150	150	Penal Code, sexual assault under Section 22.011, Penal Code, or
151	151	aggravated sexual assault under Section 22.021, Penal Code;
152	152	(B) arson under Section 28.02, Penal Code;
153	153	(C) murder under Section 19.02, Penal Code,
154	154	capital murder under Section 19.03, Penal Code, or criminal
155	155	attempt, under Section 15.01, Penal Code, to commit murder or
156	156	capital murder;
157	157	(D) indecency with a child under Section 21.11,
158	158	Penal Code;
159	159	(E) aggravated kidnapping under Section 20.04,
160	160	Penal Code;
161	161	(F) aggravated robbery under Section 29.03,
162	162	Penal Code;
163	163	(G) manslaughter under Section 19.04, Penal
164	164	Code;
165	165	(H) criminally negligent homicide under Section
166	166	19.05, Penal Code; or
167	167	(I) continuous sexual abuse of young child or
168	168	children under Section 21.02, Penal Code[; or
169	169	[(3) engages in conduct specified by Section
170	170	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony].
171	171	(b) A student may be expelled if the student:
172	172	(1) engages in conduct involving a public school that
173	173	contains the elements of the offense of false alarm or report under
174	174	Section 42.06, Penal Code, or terroristic threat under Section
175	175	22.07, Penal Code;
176	176	(2) while on or within 300 feet of school property, as
177	177	measured from any point on the school's real property boundary
178	178	line, or while attending a school-sponsored or school-related
179	179	activity on or off of school property:
180	180	(A) sells, gives, or delivers to another person
181	181	or, subject to Section 37.0053(c), possesses, uses, or is under the
182	182	influence of any amount of:
183	183	(i) marihuana or a controlled substance, as
184	184	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
185	185	Section 801 et seq.;
186	186	(ii) a dangerous drug, as defined by
187	187	Chapter 483, Health and Safety Code; or
188	188	(iii) an alcoholic beverage, as defined by
189	189	Section 1.04, Alcoholic Beverage Code;
190	190	(B) engages in conduct that contains the elements
191	191	of an offense relating to an abusable volatile chemical under
192	192	Sections 485.031 through 485.034, Health and Safety Code;
193	193	(C) engages in conduct that contains the elements
194	194	of an offense under Section 22.01(a)(1), Penal Code, against a
195	195	school district employee or a volunteer as defined by Section
196	196	22.053; or
197	197	(D) engages in conduct that contains the elements
198	198	of the offense of deadly conduct under Section 22.05, Penal Code;
199	199	(3) subject to Subsection (d), while within 300 feet
200	200	of school property, as measured from any point on the school's real
201	201	property boundary line:
202	202	(A) engages in conduct specified by Subsection
203	203	(a); or
204	204	(B) possesses a firearm, as defined by 18 U.S.C.
205	205	Section 921;
206	206	(4) engages in conduct that contains the elements of
207	207	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
208	208	aggravated robbery under Section 29.03, Penal Code, against another
209	209	student, without regard to whether the conduct occurs on or off of
210	210	school property or while attending a school-sponsored or
211	211	school-related activity on or off of school property; or
212	212	(5) engages in conduct that contains the elements of
213	213	the offense of breach of computer security under Section 33.02,
214	214	Penal Code, if:
215	215	(A) the conduct involves accessing a computer,
216	216	computer network, or computer system owned by or operated on behalf
217	217	of a school district; and
218	218	(B) the student knowingly:
219	219	(i) alters, damages, or deletes school
220	220	district property or information; or
221	221	(ii) commits a breach of any other
222	222	computer, computer network, or computer system.
223	223	SECTION 5. Section 37.008, Education Code, is amended by
224	224	amending Subsection (k) and adding Subsection (k-1) to read as
225	225	follows:
226	226	(k) A disciplinary alternative education program shall
227	227	provide a student placed in the program due to conduct that involves
228	228	drugs or alcohol as specified under Section 37.006 or 37.007:
229	229	(1) a standardized screening for substance misuse that
230	230	includes brief interventions or referrals, when needed; and
231	231	(2) a [A] program of educational and support services
232	232	for the [may be provided to a] student and the student's parents
233	233	[when the offense involves drugs or alcohol as specified under
234	234	Section 37.006 or 37.007].
235	235	(k-1) A disciplinary alternative education program that
236	236	provides chemical dependency treatment services must be licensed
237	237	under Chapter 464, Health and Safety Code.
238	238	SECTION 6. Subchapter A, Chapter 37, Education Code, is
239	239	amended by adding Section 37.024 to read as follows:
240	240	Sec. 37.024. DISCIPLINE POLICY REGARDING SUBSTANCE USE.
241	241	(a) Each school district shall adopt and implement a policy
242	242	regarding student discipline for a violation of the student code of
243	243	conduct committed by a student relating to substance use. The
244	244	policy may provide for:
245	245	(1) in accordance with the substance abuse prevention
246	246	and intervention practices and procedures developed under Section
247	247	38.3515, disciplinary alternatives to student suspension or
248	248	expulsion, including:
249	249	(A) encouraging the use of diversion programs for
250	250	students; and
251	251	(B) identifying local community referrals
252	252	appropriate for students and youth treatment programs;
253	253	(2) staff training and education regarding
254	254	alternatives to disciplinary action;
255	255	(3) encouraging students to seek assistance for
256	256	substance use and less severe consequences if a student
257	257	self-reports prohibited conduct relating to substance use;
258	258	(4) consequences for substance use that are:
259	259	(A) based on evidence or best practices, whenever
260	260	possible;
261	261	(B) consistent, nondiscriminatory, and
262	262	reasonable; and
263	263	(C) appropriate for:
264	264	(i) the level of offense or violation;
265	265	(ii) the student's age and development;
266	266	(iii) the circumstances of the incident or
267	267	substance use; and
268	268	(iv) the school's available resources;
269	269	(5) the use of out-of-school suspension or expulsion
270	270	for substance use only when absolutely necessary; and
271	271	(6) a system of graduated sanctions for substance use
272	272	that are required to be imposed on a student before the student is
273	273	expelled under Section 37.007(b)(2)(A).
274	274	(b) A discipline policy adopted under Subsection (a) must
275	275	require that the district document any graduated sanctions imposed
276	276	on a student before the student is expelled for conduct relating to
277	277	substance use.
278	278	SECTION 7. Subchapter G, Chapter 38, Education Code, is
279	279	amended by adding Section 38.3515 to read as follows:
280	280	Sec. 38.3515. SUBSTANCE ABUSE PREVENTION AND INTERVENTION
281	281	PRACTICES AND PROCEDURES. In addition to the practices and
282	282	procedures developed under Section 38.351(i), a school district
283	283	shall develop practices and procedures concerning substance abuse
284	284	prevention and intervention that:
285	285	(1) encourage support, intervention, and treatment
286	286	for students who are at risk of engaging in substance abuse;
287	287	(2) establish an identified process for assessing and
288	288	developing intervention plans with students who are at risk of
289	289	engaging in substance abuse, including designating a person within
290	290	the school district who is responsible for overseeing the process;
291	291	(3) require a standardized screening and assessment
292	292	for substance use issues to be conducted on a student who was under
293	293	the influence of illegal drugs or alcohol while on school property
294	294	or during a school-sponsored activity, if the student's parent or
295	295	guardian consents to a screening and assessment of the student;
296	296	(4) assist students who have been identified as having
297	297	substance use issues through intervention, counseling, and
298	298	referral to a continuum of services; and
299	299	(5) provide alternatives to disciplinary action to
300	300	students who have been identified as having substance use issues
301	301	that include multitiered interventions, including:
302	302	(A) trauma-informed practices;
303	303	(B) social and emotional learning;
304	304	(C) restorative practices; and
305	305	(D) referrals to services, as necessary.
306	306	SECTION 8. This Act applies beginning with the 2021-2022
307	307	school year.
308	308	SECTION 9. This Act takes effect immediately if it receives
309	309	a vote of two-thirds of all the members elected to each house, as
310	310	provided by Section 39, Article III, Texas Constitution. If this
311	311	Act does not receive the vote necessary for immediate effect, this
312	312	Act takes effect September 1, 2021.